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HomeMy WebLinkAbout2003-10-07 .:' " ,': .... ."'" ,.' .... .. .. ,,"." .. ....' , ..,,".. .... ,.' . "'/'" .. ..' . . ",. :. ... ....."'(r .. ...., :',.... .. .. '../ ....... .' '.". """". ....i';.:i "< "'. .....,.:.,.,<'" '.., ,.,....,...,....3."., ',.,..' i.... "."". ......'..'. . . '.. ....,......iy:21~lt...'....,...jt\ii "'CITY()' "'1\1: '.~.~ IA- ,'.'.'.':'. ..,..,."....,., "..',..",.:',' .: .."i....'.. ......<<..'.;bf~.~ :~;L.. .,..... .'.<. ..i'.'.'.P"R:~E-fC:OXU~NCIL MEETING.../.'.<."..... .' "......,... ........"...... .,'., "., "'.'.'.""." AGENDA .,'.' ........ '........i ..' ......... :".ii .. ..',"c.." Li""':'",;;,'".:.,c."~' .....' ',' 'i uesday,October7, 2003 a 5 .m . .< ,/.....cii~ t6uAbi' cA~h, . .. ..".,...."....' "./r/......... clic~ill en;;~~~~ii~~r :;' . ,\;~'~;:' rr:iar ,)( sre~i~~,I\K~;~~~e~~ orrle XAAKeiihBi ...,.... ,.'., ii~f~~s~bdit;~~~1,[~e.. .. .... .. . .. i2~~~g '~~n./.~~s.).\'. .:'/ P?,,;en ~i~to~~~~~ . ,e:s~~n sli~r:;e ~t~nC ....,r~be~~~~~~'.,.,*.. ,..'New"" .,.....~~~:~i~ IS 10 OWl] oWn ore. ron . . .~~~~~:i~~;;;~ie~:.t us~t~~edse:ignii~:\ni~~::,T. :~:9U~~~i~lP~n ,i,..i "". . .'. '.".. ..... .... ..',. ~ltY( ... ii, < n ers ( ''-.." CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 7,2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X::' =z= Cherie McCandless X o Mayor Robert Corrie I Bill Nary Keith Bird 2. Adoption of the Agenda: CV?/,ovvv 3. Continued from September 23, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision): (15-20 minutes*) a/JCudJ/t.rJJ 4. Revitalization Area Marketing Strategy Discussion: (25-30 minutes*) ;-ve J'enf-.e d- 5. Discussion of Design Standards in Downtown Core: (25-30 minutes*) d/:rJ:ttrJecL 6. Presentation of New Park Impact Fees - Doug Strong: (5-10 minutes*) r..e,f~?0 * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - October 7, 2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 4& hours prior to the public meeting. October 17,2003 MERIDI,\N CITY COUNCIL MEETING APPLICANT October 21, 2003 j--Jt ITEM NO. REQUEST Approve minutes of October 7, 2003 City Council R~6fCi"r Meeting: ,1lfeCcUnI1P; 0 r VI..V"""'," AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A HORNEY 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: II- 4~ rryr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 7, 2003 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: X T ammyde Weerd X X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Continued from September 23, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision): (15-20 minutes*) Discussion 4. Revitalization Area Marketing Strategy Discussion: (25-30 minutes*) Presented 5. Discussion of Design Standards in Downtown Core: (25-30 minutes*) Presented 6. Presentation of New Park Impact Fees - Doug Strong: (5-10 minutes*) Presented *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agcnda - October 7,2003 Pagc 1 of I All materials presentcd at public mcctings shall become propcrty orthc City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings plcasc contacllhc City Clerk's Oftiee at 888-4433 at least 48 hours prior to thc public mceting. Meridian City Pre-Council Meetin~ October 7. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 5:34 P.M. on Tuesday, October 7, 2003, by City Council President Tammy de Weerd. Members Present: Tammy de Weerd, Cherie McCandless, Bill Nary, and Keith Bird. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Brad Watson, Brad Hawkins-Clark, Anna Powell, Gary Smith, Steve Siddoway, Doug Strong, Diane Stewart, and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie De Weerd: Okay I would like to welcome you all to the Pre-Council Meeting. It's October yth. We are starting four minutes late at 5:34 and I will ask the City Clerk to call roll. Item 2. Adoption of the Agenda: De Weerd: Item Number 2 adoption of the agenda. Bird: Madam President De Weerd: Mr. Bird. Bird: I move that we adopt the agenda as published. Nary: Second. De Weerd: Okay it's been moved and seconded to adopt the agenda as presented. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Continued from September 23, 2003: Centers on Silvercreek Subdivision Su bdivis ion): Discussion with Lee (fka Powder River De Weerd: Item 3 continued from September 23rd. Discussion from Lee Centers on Silvercreek Subdivision and we have Dave McKinnon with us. Hi Dave. Meridian City Pre.Council Meeting October 7, 2003 Page 2 of 26 McKinnon: Howdy. De Weerd: If you'll state your name and address and then I should swear you in. McKinnon: Okay it's Pre-Council. Dave McKinnon my address is 735 Cross Timber here in Meridian. I'm here again representing Lee Centers. I know that we've talked about, talked about it, talked about it and we're talking about it again tonight. It's about Silvercreek Subdivision. I have had a chance to talk a little bit with Brad Watson. I don't know if you all received a copy of his eight-page memo that he sent back to me. I think he alluded to it at the last meeting that he would go ahead and send that to you. I don't know if you all have a copy of it but if you do have a copy of it I can just go down the red portions, Brad's comments. I didn't have a chance to prepare a great deal 0 f responses sot hey're actually fairly short responses to everything that Brad had. We're pretty much in agreement with most everything that Brad said in regards to everything starting on Page 2. If you guys have that if, you could turn to Page 2 and go to the Public Works response. It has to deal with the developer Mr. Centers and ourselves having to pay for the upgrades to Bear Creek lift station that we should bare the whole cost of those for all the improvements and we're in agreement with that. As far as the Public Works response for modeling, we understand that we would have to pay for the study to do some additional modeling to make sure this is something that could happen. Down to the water issues, the Public Works response is that if you require Public Works to do this study we would be happy to provide another map showing how t his would bel aid out. On Page 3, still dealing with other questions and issues. Brad had mentioned in his Public Works response that we do not want the city - we would leave the city n the Council does not feel that there should be an independent water service provider in this area and we would agree with that. We would be happy to contract with the city to have the city take care of the well rather than have an outside source do that. That would of course take some additional working of the legal issues with Mr. Nichols and with the Council to see if that's something that Public Works would like to do. We're not - the intent is not to bring United Water in and have a secondary provider. This is something that we would like to do with the city. As far as developing, the land outside of the area of impact of Nampa and Brad had mentioned that he would like to see a copy of those contracts. We would be happy to provide those to Brad so he could review those. Public Works responses for the first right or refusal on the well and all the comments that have to do with the well issue just go ahead and lump those all together. I've had a little bit of an opportunity to talk with Lee and to talk with Mr. Nichols your City Attorney about what we could do with that well site and how we could come up with an agreement for the city to purchase the well. The agreement that we handed toM r. Nichols previously was the type 0 fa greement where we would provide an independent appraiser to go out and determine the value of the well and then we could sell the well based on that. In talking with Lee and talking with Mr. Nichols it's been determined that it would probably be better to have a set Meridian City Pre-Council Meeting October 7, 2003 Page 3 of 26 cost for that well and to have some sort of schedule for an interest rate that would go with that. We're happy to do that. I've talked with Lee about that and Lee said that that's something he can definitely work with. We would be willing to work with the city on an agreement for a purchase price of the well at this time. Right now, in fact we would be happy to sell it to the city after it's approved once this project gets going. After we've received approvals for it to sell it to the city at that time, for whatever it costs that Lee is into it for. There are some comments that Brad has that also has to deal with the well system. It would be tied to the gallons per minute, the fire service that 1,100 gallons per minute and the back up well. We would have to provide the well system based on DEQ and whatever the Uniform Fire Code requires so that's something that we will work with and we have no problem with Brad's response to that. Onto I believe it's his Page 5 he talks about Public Works response and he says taken in order as follows the city must review and approve all water and sewer plans. We're happy to have the city approve all water and sewer plans for this project if you believe that the 14 additional lots would be beneficial to the city in the long run. There are the questions of dealing with the city's authority to operate a distinct and separate water system. Based on the Nampa Agreement there is a city that's taken that on. The City of Nampa is dealing with a distinct and separate system and we believe that is something that the City of Meridian could agree to as well. I already handled the issue with the Uniform Fire Code that we would have to meet that. Brad has said that there are no comments regarding the fact that if the well fails. We pointed out that if a city well fails then the city is responsible for providing that water. It would be the same sort of responsibility. If Lee were in ownership at the time it fails, he would be responsible for providing the additional water and water source. Brad had no comment for that. Again, we are providing a pressurized irrigation system. Basically the final comment that Brad had was from the Public Works side was that if the City Council approves the proposal a Development Agreement would have to be in place. That there be provisions with Ada County that they not issue Building Permits until all of the agreements the City of Meridian have been handled and we would agree with that. This is something that we want to d.o with the City of Meridian. We're coming to you to ask for the City of Meridian's utilities for sewer and we're willing to come forward to pitch in to pay our part for the parks and to pay our part for water and sewer hookups right now for something that will come in the future. There will be a monetary gain for the city for this and we understand that even though we're not part of the city this would be something that in the future would balance out with the city because we would be developing this to city standards rather than to county standards. We think that that's a benefit to the city because eventually when the city does get out there we have to look at how the future development of that area will blend with what's there right now. If we are allowed to have the additional 14 lots rather than the 30 lots we go to 44 lots, it would provide a better balance in t he future. We would have the curb, g utter, and sidewalk, the fire system, sewer system would have a connection already, and a water system would be in place for the City of Meridian. There could be a smooth transition straight from city standards to city standards. I have just a couple of additional Meridian City Pre-Council Meeting October 7,2003 Page 4 of 26 comments to add to this week. I don't know if we brought it up a couple of weeks ago but we have met with Wendell Bigham from the school district. Wendell has expressed interest in providing an elementary school in that site. Lee is planning on working with Wendell on providing that site. In talking with Wendell, Wendell said that right now he doesn't foresee it in the first phase the 44 lots but in the future as the subdivision builds out and water and sewer service gets there that he does intend on working with Lee to secure an elementary school site. I think that you may have received a copy of a memo from Wendell at the last hearing but I know it wasn't brought up during the Public Hearing. I guess I can stop and ask for some questions right now and just kind of get your mind set and find out where you guys are all at with the 44 lots the additional 14 from what the county would allow us to do in a cluster subdivision. Then after we have that conversation I would ask that I be given just a few more minutes to talk about another item that ties somewhat directly to Silvercreek. I'll ask if you have any questions at this time, and kind of take your temperature on where things are at with Silvercreek right now. De Weerd: Council any comments. McCandless: Madam President. De Weerd: Mrs. McCandless. McCandless: Dave I don't know whether this is a questions or just a comment. Even though you're not in the city you're out in the county, you're going to be using our rather stretched public safety like police and fire. I do know that that would be the sheriff's but the people aren't going to call the sheriff they're going to call the Meridian Police for instance or the Meridian Fire because they're closer. I'm just wondering what you think. McKinnon: You bring up a good point. I have talked with Joe Silva about the additional impact out there. Joe felt that the additional 44 houses would not be an undo burden onto the Meridian Rural Fire District. I know Kenny is here tonight and Kenny could probably add to that. He felt that if there was the redundant fire system out there for 44 homes rather than just individual well and septic that could be developed in the county that he felt that that would be better for those 44 homes. He felt that it would not have to go back to his commission the Fire Department's Commission. He felt that it wouldn't be a burden for the Rural Fire District. As far as Ada County Sheriff's Department, I haven't contacted the Ada County Sheriff's Department. There are a number of other subdivisions in that area that deal with Ada County and I believe that there is a memorandum of understanding 0 f some sort where t he two agencies do work with each other. It may not be a memorandum of understanding and Bill could probably help me out with the actual legal term for that or this Bill. I was looking at you and I was thinking this Bill - for that but there is an understanding for them to work together and it's basically an agency wide. Boise City works with Meridian City Pre-Council Meeting October 7,2003 Page 5 of 26 Meridian, Meridian works with Garden City and so forth and Ada County. It is stretched but one of the nice things and one of the beneficial things about Meridian is we don't see this as a high crime area. We're looking at a subdivision that's not high density. It's going to be a small subdivision for the time being 44 additional units is not typically -- provide an additional heavy burden. We'll provide a burden but not a heavy burden. McCandless: Okay thanks. De Weerd: Well I guess I'll throw my two cents in worth. My concern is we're growing before we have the services out there. It's being proposed in an area that is on a separate trunk line. There is some capacity that was created by Bear Creek and I'm concerned about the Pandora's boxes will open. If we do it for this and what actually Lee is gaining are 14 houses by doing it. We would gain 44 houses at city subdivision standards, which is always nice. Twenty nine of those are going to be built regardless so really we're looking at this over 14 houses to assure them being built to our current Subdivision Ordinance. What do we risk by doing that? We open it up to other property owners who say well you do it for them. We're on a different trunk line as well but we have similar investments and circumstances but we would like to do this as well. Where does it stop? Where does the city say our services are not there yet? I believe that we had asked Public Works to try and put together a timeline of when services can be out there which most likely would be in line with the road improvements we hope with the Ten Mile Interchange that we could really accommodate some of the impacts that growth in that area will add to our community. I guess that's how I'm weighing this is what do we gain and what potentially do we lose. We do have a letter here of four other property owners that are looking to do something of the same type of development and I think we would just be stretching our services way too thin. We're not ready to grow there. We cannot limit what they would have available to them in the county which is great. They went into it like that. I don't see even if we take them out of our area of impact and I know we've had the conversation. If we take them out of the area of impact, they still could do 29 houses. There is no benefit gained in that either. It's just an area of our community that we don't have services out to yet and I think it would be worth our staff time to spend some evaluation to find out when those services will be available. At least when we will get - in 2005 we'll have the sewer to Ten Mile and from there it's been determined that it can be developer driven. Then it's in the development community's hands at that point. That is fair that is fair market. At this point, I think we're pushing something way before it's time to get 44 houses into our Subdivision Ordinance that potentially had huge potential of growing into more than 44 houses. If we don't have good solid rational for what we're trying to do. I guess that's the comments that I have. Bird: Madam President. De Weerd: Mr. Bird. Meridian City Pre-Council Meeting October 7. 2003 Page 6 of 26 Bird: On the fire and safety I have no problem with that David because the 20.21 that you're going to pay to the rural district in your mill levy every house is going to pay is more than sufficient. I believe if you look at their agreement and the city's Joint Power Agreement with them that we have to - we take care of that that's no problem. The Sheriff's Department takes care of the police work at this point. The way all the - evidently we haven't got some problems solved on that that I have questions on. I have a real concern with the sewer. As far as I'm concerned, that sewer Bear Creek or nobody else is going to get anymore on that because we've got people down the line from there that's been in the city for years that haven't got sewer hooked up. I mean we have a whole industrial park out there on Franklin that needs to come back and be sewered in that trunk line there. I'm like Councilwoman de Weerd on that I think Lee's got a great deal out there. I think he's worked on everything but that sewer is a real stopper as far as I'm concerned. I just don't - ['m not for putting anything in that trunk line that isn't on that trunk line. We made an exception on B ear Creek and whether that's right, wrong or indifferent we have some people down the line that if they brake loose and get going they're going - and they should demand it you know. That's the one hold up on my part. Other than that, I have no problem with your deal. It's just that sewer and we certainly don't want to Kentucky Ridge sewer system out there. That's the one - that's my one hang up is the sewer system out there. I'm not f or dumping anything into that other line that isn't on that line and 44 houses I realize isn't the real big massive dump but it is. You get 44 pretty soon then you're going to want another 15 another 20 here and pretty soon it's a full blown subdivision. I would be in favor of it if we could work something out on the sewer but I'm not for putting it in the existing trunk line. Nary: Madam President. De Weerd: Mr. Nary. Nary: Mr. Centers had called me last week I guess to tell me something about this. When I called him back, it said error his mailboxes were full so I wasn't then able to try to call it back but I couldn't leave him a message that I returned his call. You know it sure sounds good. You've done a very good job Mr. McKinnon. It sounds good. I mean even today not only do we have all these questions answered and everything but also even, we have a school. Wow, that's great. How many times have we said well, we're not sure? Someone says I want a school and then there's frosting so let's have that. I guess I am concerned but I'm really trying to I guess like everyone else weigh the balance of saying okay to this development and what Council President de Weerd has raised on the issue of other developers with similar concerns. I think that Council Member Bird has raised a valid point as well on the issues of the sewer and how we deal with that. I don't know whether it's better to have this or to essentially end up with 29 houses like Kentucky Ridge. That's what I think is also the other potential if we just said we're not interested in this at this time. I think you've really done your Meridian City Pre-Council Meeting October 7, 2003 Page 7 of 26 homework here and I think you've really answered a lot of the questions. I guess I don't have an answer to that anymore than I did the last few weeks. I just don't know. It certainly has some very positive attributes that you're asking to do and what concessions you're asking to have them. I think there are some pluses that we're looking at here that are some benefit for the city. I guess the one thing that keeps coming back in my mind and I think Council Member McCandless sort of said that as well is you know we spend a lot of time talking about growth and we talk about growth from the inside out. We talk about trying to make sure we don't stretch our services too far al] at once and we certainly have - I don't know If people would look around and say oh the growth to the north is growing inside out but it is. We are certainly pushing the envelope on our services as well. This is just - this one is a tougher one because it really is trying to develop this whole island out there that makes it a little harder to really justify the sayings we have with some of the other growth. Probably the one thing that really sticks for me is that the potential for annexing this property into the city is still pretty tenuous. That's what I guess concerns me is that for it to really just be - if you guys bought Kentucky Ridge and then made It adjacent then we're pretty good. That's what makes it tough is just getting there to get this in the city on our system without it being some agreement that's out there in the wind for years to come and again trying to deal with all of these other issues of growth surrounding this little island. That just makes me nervous. ] guess I'm not saying that that's a reason to say no it just makes me nervous. I'm not sure - we tried to make sure we kept this in the forefront of our discussion but I'm not sure what answer we can give you tonight anymore than we could two weeks ago. McCandless: Madam President. De Weerd: Mrs. McCandless. McCandless: That's the other thing that I was thinking Dave is that it's max of growing from the outside in rather than from the inside out, which we have always said, that's what we wanted to do. It's establishing precedent is what it's doing. De Weerd: Mr. Bird. Bird: Oh I just basically was going to say what Councilwoman McCandless said is we're jumping over a lot of people. I happen to know some people that live there that would love to be brought into the city their own Httle houses and stuff. Until we get the trunk line out there to hook up to the sewer the right sewer trunk line I have a real problem. I'm like Mr. Nary right now. I think you guys have got a great plan there but that sewer system is just a hang up. The water - I think we've got the well problem solved. The sewer I don't know. To me it isn't solved. As I stated earlier, I'm not for putting anymore sewer in that trunk that we haven't got because that isn't the proper place for that sewer to go. ( Meridian City Pre-Council Meeting October 7, 2003 Page 8 of 26 McKinnon: Can I throw you guys all a curve real quick? In Ada County under the cluster development, they will allow one to 1.25 acre parcels in the RUT zone that's the 29 houses that we talked about. Once you take out right of way, open space, and well type requirements you're basically looking at 37 of those acres would be tied up if we could go with one acre and 1.25-acre parcels of land. On those 1.25 acre parcels of land they could go individual septic per county ordinances as long as there is dry line sewers out to the street for future connection to the sewer system when the sewer system comes in. If we were to develop that with one acre to 1.25 acre parcels and the reason why we would stick to 1.25 is because that's the maximum size you can go in an RUT zone for a cluster lot on an individual septic and still provide a well for that. It would require that the remainder of that subdivision the remaining 100 and some odd acres of the subdivision remain undeveloped so that in the future it could come in as urban densities once the services come there. Would that be something that you would be wiling to entertain if we take the sewer out of the equation? De Weerd: Anyone care to comment? I guess I don't think it changes anything. It's still growing from the outside in. It's still opening up other similar requests. I don't think that the infrastructure is prepared to accommodate that growth at this time. I think it needs to have further direction on staff on what services are going to be out there, when they're going to be out there or available to extend. McKinnon: Are you the only one. Does anybody else have comments? Nary: Madam President. De Weerd: Mr. Nary and then we need to move on. Nary: Yes. I understand what you're saying Dave I don't know that would make it better. I guess what makes it difficult for me is that I think I was the one that earlier said maybe we need to reconsider having this in our area of impact. Because I don't think it's necessarily fair to Mr. Centers to have this property that is being made more difficult a II the time tab e able to do something with it. I certainly don't want us to be in the road of that either. I do appreciate both though as I said in you asking and Mr. Centers being really pretty accommodating in trying to say look basically anything you guys want I'll try to make it work. We'll figure it out and we'll make it happen I just don't want you to oppose it is what he's asking. T he alternatives that can be done t here aren't necessarily better. I guess that's the 0 ne thing that sort 0 f sticks in my mind although I don't like supporting development from the outside in. I don't like necessarily pushing our services to the limit that this I think kind of does. I don't necessarily think it's better to what the alternatives that can be done without our approval. I don't see the county really caring that much about our approvals. I see the alternatives to being not as good. I guess I don't know. I guess I'm not as adversed to it maybe as my colleagues up here because I don't think we're going to get a lot more cooperation or the like from the other property owners that [ Meridian City Pre-Council Meeting October 7, 2003 Page 9 of 26 we're asking for. If we get that level of cooperation, I'm not that concerned about that Pandora's box. I think if people were going to be that accommodating for the needs that we have I guess I'm just like I said concerned about Mr. Bird's concern as well on the sewer. I don't think the alternatives are better so I think what you're trying to do is pretty worthwhile I just don't know how we get there. Bird: Madam President. De Weerd: Mr. Bird. Bird: I would echo t hose words that Mr. Nary just said. I don't - I think the alternatives are worse to be truthful in my personal opinion. I just - Dave and Lee - you know he's got every right to develop that as he sees fit because it is that. It's his own property and stuff like that. I'm like Mr. Nary I don't believe that Ada County really gives a hoot of what we think. They're going to do it how they feel right. As I said earlier my one real big hang up is that sewer is the sewer out there. Other than that, you know I would have very little problems. De Weerd: Well Dave this went on longer than anticipated so I hate to cut it off but we do need to get onto these other items. You can continue working with staff or you can put in your application and do what you need to do. McKinnon: Understood thank you. De Weerd: Thank you. Item 4. Revitalization Area Marketing Strategy Discussion: De Weerd: Okay Item Number 4 is the revitalization area marketing strategy discussion and we'll start that off with Steve. Siddoway: Thank you Madam President de Weerd and Members of the Council. We are here tonight to talk about the market strategy that is currently under way for the Urban Renewal Area. I'm going to give just a brief background to refresh your memory. Where we have been, where we are now, and where we think we're headed. I'm going to turn the bulk of the time over to Mr. Tom Hudson our consultant who's working on the project. Our hope tonight is to gather input from the City Council Members on key issues facing the downtown, ideas, opportunities, and things that you feel we need to be sure to address as we undertake this effort. First of all, you'll recall that in December of last year we've finalized and had adopted by the State Tax Commission our Urban Renewal Area and the Urban Renewal Plan. That Urban Renewal Area is outlined in the black line on the screen basically running from the freeway interchange at Meridian Road on south up to Fairview on the north and what was once a straight 4th to 4th description now meanders around but follows that basic pattern. In the spring 0 f this year, we pulled together several M DC folks, community leaders, r. Meridian City Pre-Council Meeting October 7, 2003 Page 10 of 26 and others and set some priorities for what needed to happen next. The top priority next step was a market strategy for this area. You can figure out how our Urban Renewal Area as a city can compete with local and regional markets. What role it should fill, and what are the nitches that we should be pursuing et cetera. That in a nutshell is the goal of the process that we are undertaking. To that end, the MDC put together an RFP, went through an interview selection process, and hired the Hudson Company as the selected consultant to take this process on. I would like to give you just a brief overview of that process on if you could put the other sign up. We anticipate that this process will be approximately six months. We are in the very first phase the initial data collection, research and interviews. We have finalized the contract. We had the kick off meeting on Monday of this week with a steering committee of about seven met folks who are active in downtown issues. They have been doing on site market research over the past couple of weeks. Since Monday, yesterday and today they have been in hourly interviews with different property owners, business owners, and different people. We have about 30 of them set up over the three days between yesterday, today, and tomorrow. They are in town until Friday collecting data. Not that I need to go through every line but they have over the life of the project planned five visits to Meridian. Just a s a forewarning we will want tog et the consultant in front of the Council when they come to town to update the Council on the process, check in and just make sure that we continue to stay on the right track. I guess with that, I will stand now for any questions you might have and turn some time over to Tom Hudson. De Weerd: Okay thank you Steve. Any questions? Hudson: Madam President and Members of the Council it is truly a pleasure to get now finally the opportunity to come and speak with you. Although briefly tonight I want to emphasize that our approach is one very much of being collaborative. As you have heard from Steve, we have started this week formally with a series of interviews with people from a wide range of backgrounds. We've heard from our steering committee and from members of the MDC that we do indeed have quite a range of views representing the people that we're talking to so far. We can bare that out so far today. We're enthusiastic about that partly because that's - we're trying to be grounded. We want to know what the range of views are in the community and partly because we've been so impressed with the variety of ideas most of which are highly complimentary to each other. In terms of ends, I think most of the citizens that we've been speaking with are of similar mind. I think the differences tend to be more on means how do we get there. On that we can help I think make the process much more objective. I think in many ways we're in the same business and that is minimizing the emotion behind issues and maximizing the good facts and insides that can help make a decision best for the community. We're starting off well. I would like to introduce our other principal of the firm Jerry Wallace who is with me today. Jerry was with you a little over a week ago as was another member of our firm. We've been hitting the ground running. I think you may have heard that \ Meridian City Pre-Council Meeting October 7,2003 Page 11 of 26 message from us in this sense that we've done a great deal of research already here in your community. We've also been out visiting in Nampa, Caldwell, Kuna, Eagle, Boise and getting a sense of what kinds of competition there is out there. What kind of complimentary opportunities there are and also looking within your own community at everything from circulation to things like sense of place. I feel like we're well on our way to getting grounded. Tomorrow we will continue with interviews a nd then Th ursday follow u P with more targeted conversations with city staff and other people in the community and elsewhere in the Treasure Valley who have insights that can help us be let's say a most focused strategically on what are our issues and what are our alternatives. There are a few words that I think are most important to think about in what we're trying to accomplish. One of those is we want to do this in a collaborative manner so that we're building a system that a broad cross section of your leadership in the community both public sector and private sector can embrace. Whatever we may be doing in the public sector ultimately, the vast majority of implementation over time in a downtown revitalization process has got to be with a private sector. We have to make a great deal of sense out of the vast variety of information that's out there some thick, some thin, and be economically rational. Economic rationality isn't' just saying highest and best use we're talking about community here. You know you are truly one of the nations high growth communities and at the same time that offers I think a substantial challenge about how do you sustain connection with the people who are new here and the people who have been here for some time. That connection is as much about this society as it is about the economy. Yet, I don't know as an economic development specialist how to take those two apart. I would advise that maybe we shouldn't do that. I think it's very important for us to think about citizens not just as markets or customers but also as co-owners of the place. We take that particular issue very seriously. How do we work with you Members of the Council and city staff in moving this process forward in a way that continues to build a stronger and stronger sense of connection between the people in this community, the business members of the community, our non-profit organizations or other institutions, the schools, the churches that are here and city government. That's a priority that we bring as I hope you don't see it as a bias but as a good inclination and we stand let's say ready to be accountable and also to be guided. Our primary reason in fact for being here tonight and expressing some of these kinds of perspectives is to ask for your guidance precisely. Are there issues that you think that are very important for us to address as we work on the downtown? Are there other issues that you think we need to make sure we don't do at this time or certain things that we don't do you see what I mean. We want to understand your priorities as we move forward because in effect we are representing you as we move toward a marketing system and strategy that makes the most sense for the community. One other thing I would say about marketing and then I would like to turn this to you is that marketing isn't about demand it's about the right match between supply and demand. In marketing we need to look at the price and the contents of the place as well as what you have as priorities for that place. They may be social priorities, cultural priorities, or Meridian City Pre-Council Meeting October 7,2003 Page 12 of 26 civic priorities that are not necessarily economic but they're still about place and the product that is the supply of the things that we have. Then understand the various potential markets that are out there for the range of things that you might be able to do. Since we're talking about futures to a great extent we're talking about creating, building things that aren't here and enhancing those things that have the opportunity to match well. Both your values and the demand that's out there so that ultimately you've got something that's highly sustainable in the downtown in serving both your local and your regional priorities. Are we on track so far? Any concerns about kind of our general sense of where we're going. De Weerd: No but I would have a question. Our next agenda item is discussion of design standards and I think that there's a lot of overlap there. How is that going to work within what you're doing, what they have been working on, and where they're at right now. Hudson: Madam Chairman I don't want to be too presumptuous because I'm not entirely familiar with all the elements of the design standards planning process. I'll give you my perspective and this is what I've shared with the steering committee. Design standards are about creating a framework for future development. As a framework in affect, it builds capacity to do certain things and limits capacity to do others. Consequently, design standards are highly strategic. I think many, many communities have made the mistake of creating design standards out of the context of understanding what they really want to accomplish and also out of the context of understanding the implication the various implications 0 f those design standards. Tog ive you a n example, I've worked for the City of Seattle and also for King County which is the county in which Seattle is home on design standards and found that what they intended to do with their design standards was far from what was actually being implemented. In the City of Redmond which I think has many, many things in common with you in terms of where you are today versus where they were in about 1985 Redmond, Washington on the east side of Lake Washington. I've worked with that city for about three and a half years on building the strategic design program to turn it in to the community that it's become. When we first started there the design guidelines in the four downtown zones were such that in three of the four downtown zones you could not develop any property with any kind of profit potentially. In fact, through our very detailed calculations we found that a property owner would have to pay somebody to take his or her property in order for that person to make a profit on it. It was so constraining. For example, four area ratios, building heights, setbacks, and that could be front and side setbacks. They had parking per thousand square feet that was out of sync with reasonable expectations in a downtown. Each of those and many other factors had a strong impact on the economic capacity to succeed. They had not ever been interpreted. Consequently, t he fastest g rowing town in the entire pacific northwest Redmond home of Microsoft and Nintendo for eight years running had one Building Permit in the downtown a very large downtown. It was for a bank that had more presence need that it did economic need if you see what I mean. Meridian City Pre-Council Meeting October 7, 2003 Page 13 of 26 They wanted that more presence in that particular core. There wasn't one economically rational business in eight years that built a new building in the downtown. Why because of design guidelines. I think that there are two facets to the question. The first is what do you want the downtown to be and make sure that your design guidelines are highly complimentary to that in strategic ways. That's everything like I said from building heights to massing to setbacks you know what I mean by setback. For example, if you want a town that doesn't have a major shadow impact on the street it doesn't feel like it's overwhelming more of a rural feel you may still able to accomplish that by let's say going two or three stories. Then stepping back the fourth story so it's not even visible from the street but you still give the developer the capacity to let's say pay for the land that's underneath the place and make it more developable. Ends versus means kinds of issues a re very important in this and if the design guidelines are not conceived in, a manner that's consistent with both of the overall strategy and also economic reality I think it can be let's say unsuccessful. What we have suggested is that we proceed with this marketing strategic development planning and in quick order provide as much insight as possible on the kinds of issues that could influence design then let them proceed, as they will. We're not proposing to create obstacles but rather to create let's say more insight in the process. De Weerd: Good thank you. Hudson: You're welcome. Bird: Madam President. De Weerd: Mr. Bird. Bird: Tom what percent of the interviewees that you're doing down here on for the economic development are actual business round owners? Hudson: We have so far about 30 and we haven't finished all the interviews. Some of the people I'm not totally familiar with so I can't give you an exact estimate. So far I interviewed yesterday and today my impression is that either business owner or property owner or resident which is they could be a property owner as a resident including that. Certainly over 50 percent. I can't say precisely it could be 80 percent. Bird: (Inaudible) list I had on my - they must have changed the list big time that I got on my email because I don't think there was 10 percent of actual property owners on that. My concern is that we get to the people that we're going to ask to spend the money to do. I like your explanation on design things like economic feasibility. You brought up a very, very good point that we want to make sure we don't design our downtown out of the market which like you said Redmond did. We want to make sure we don't do that so I'm glad you brought that up. Meridian City Pre-CounCil Meeting October 7,2003 Page 14 of 26 De Weerd: Keith when the names list came out Steve asked for input and he did get some comments back with some names suggested and those names were filled in. Siddoway: That's true Madam President and Council Member Bird there were changes to the interview list. We agree that the need to talk directly to property owners, business owners, and downtown residents is paramount. We've modified that list to j could get an exact count but I would bet that it's at least 70 or 80 percent property owners. Hudson: Madam President. De Weerd: Yes. Hudson: Councilman Bird I would also offer that I am in full agreement with your position on this. I would like to offer a precise example of how to fail in something like this. This past year our firm which is very consistently community oriented in its approach in planning and highly engaging spent - has spent a lot of time engaging the individual property and business owners found that our firm was the only let me start that again. There are only two communities in the state that got downtown community development block grants this year. Both of them were towns that we have worked in. As it happened I'm a little uncomfortable saying this but one town that didn't get it was Moscow where I'm from. While I hadn't worked, there I was still disappointed, I spoke to two members of the Idaho Economic Development Board, and they said that one of the primary reasons that - ***End Of Side One*** Hudson: -- success was that they did not actively engage the downtown property owners in their planning for downtown improvements. It's astonishing that that actually happened so it won't be effective here locally because you won't get people to come out and support ultimate planning. It also won't be effective in attracting outside resources. I would urge all of us to think in terms of engagement and make sure that we understand the priorities of the downtown property and business owners. Bird: Great Tom thank you. De Weerd: Any other questions or comments? I don't think you have gotten a whole lot from us on what we envision but - and was that what you wanted tonight? Share your vision Council. Nary: Madam President. De Weerd: Mr. Nary. " Meridian City Pre-Council Meeting October 7,2003 Page 15 of26 Nary: I guess I thought that was our vision that you involve the people who are going to spend the money in the discussion. I guess I'm not a marketing person but I think that's - I guess that's what I would envision what you're doing is exactly what we would want is involving those property owners, business owners and the like. What particular types of things I guess I don't know. I'm thinking part of what we're getting is ideas, options and alternatives and then we'll have that opportunity to discuss those types of things. I think what you're doing right now is exactly what should be done. Asking the people who are going to be the most effected first hand initially to have their input. Bird: Madam President. De Weerd: Mr. Bird. Bird: I agree with Mr. Nary on that deal Tom. I think you guys what you are doing is the first step that we need to find out. I think you're economic development survey is going to even help the standards on the design. I can see that you know after - I believe what you said about Redmond. I believe we can take ourselves completely out of the picture if we don't use some common sense. You are doing that and evidently, we have got the guys that we're going to ask to put the money out the business owners or the landowners. I feel what you're doing right now is what we have to have done first to find out which route we're going to go and how we go. It's not which route we go its how we go what's the best way to go. What do we need to do to attract businesses down here? We don't need to have a 1964 to 1992 or three Boise that says vacant and that's what we don't want here. We have enough vacancy just by normal aspects as to go down there and cause vacancies. I think this that we have, Councilwoman de Weerd, and I have a little advantage because we are on the MDC Board too. We felt that this kind of a study that you're putting this has got to be the first thing done. I believe what you come back with is going to tell us a lot of the ways how we're going to go do the redevelopment. De Weerd: I guess I would just add a couple of things in. In past forums parking has always been an issue. The railroad certainly the railroad right of way is a major part of our redevelopment area. Its markabiJity because of the situation in leasing property from the railroad entity probably creates a lot of doubt on what we c an affect in t hat area. I don't know if you're analysis is going to give us some further insight to that or what options are. I see that we have somewhat of an action plan and work plan, which is great because we will need a step-by-step type of plan in place to start implementing some change. Certainly, don't want to ignore what has already started, is underway, and was started with Generations Plaza and the two buildings surrounding that. What is being proposed I think that's coming up on Planning and Zoning's Agendas with the bank proposal with the gray field study with the EPA grant that we received on the old creamery? There are some activities that are currently underway that certainly need to be a Meridian City Pre-Council Meeting October 7, 2003 Page 16 of 26 part of it and I'm sure they will be. I guess finally an issue that continues to come up because there isn't' anything yet - because there was no solid solution years ago when they decided no to one way streets. That is going to be a primary issue in what work you will be doing. Certainly probably what you hear from the people that you're talking with. Parking and traffic circulation is our key. Hudson: Madam President I can say that already we're seeing that especially the circulation issue is a very hot topic. If you would like we could spend just a few minutes on that tonight but I know you have an agenda for other things. We have heard about parking. I would like to just address your point directly about your hope to have these things incorporated. We will certainly be addressing at the general level needs with regard to circulation and connection in the community. We will identify priorities for parking but because this is let's say a bramble so to speak to a master plan that is coming up we will not be getting in to things like parking counts and precise locations and design issues. Where should they be how should they look, on street off street et cetera and parking per thousand or parking densities in different parts of town including parking garages. We'll speak to those fairly generally at this time though it's our inclination to be more detailed as you can probably guess. With regard to the railroad, we will certainly be talking about opportunities to integrate the railroad as an asset into the community's future as a set of goods and services in places. Very exciting to be thinking about what can it be. Especially in the context of what has it been in your past. It would be impossible not really to think of it as a strategic part of our future marketing development planning. Would you like to hear a couple of comments about circulation and the one way at this time? De Weerd: You bet. If you dare. Hudson: Well no one will accuse me later on of ducking issues will they? We know that this is a complication and we've seen it many times before. One of the good things that I can say to is that we are highly familiar with highway oriented circulation through downtowns around the US west. We've worked in over 100 communities in all of the US west states except Utah. As a result, we have quite a bit of experience in dealing with things like couplets or not couplets, alternative methods of moving transportation in and around the community. I would be - I should be fire immediately if I was to come to you tonight with a pat answer on what you ought to do. This is a highly complicated issue and we respect the variety of views that are out there. Nevertheless, I do think that we have a perspective that could be helpful as you contemplate your alternative. First and foremost is that we would ask you and all people engaged in this process what is the primary role of the downtown. What is its purpose in your future? Now of course we're being asked to deal with that from a marketing point of view but let's just step back then and say in general what is the role of the great downtowns in the world. In small places, large places alike. If you look at the grand history of downtowns or let's say city centers you, go back thousands of years and you find that in general, they are the civic or social, cultural, civic, religious, commercial, ',' Meridian City Pre-Council Meeting October 7,2003 Page 17 of 26 residential and in some places, people say even the spiritual center of community. Center is the key and when you think about centeredness and roles of the center think about what do you need to do to make those ideal places the best downtowns you've ever thought of that exist today or existed in history. What makes them great and I think primarily they are great places to be. By that, I mean your presence there tends to be pedestrian oriented. It tends to be a place where at least in current times you get out of your car, you walk around, and you engage in a variety of different activities. You engage in them safely, comfortably. There's an issue of magnetism. In many places, the downtown is definitional about the overall welfare and health of the community. We often use it as a witness test ourselves. If the downtown is doing very well probably, the town is doing very well. Alternatively, if the downtown is not there may be problems coming or already arrived. In your own community how many of your citizens are from here originally versus how many are relative newcomers and what do they hold in common. Where do your citizens enact their citizenship? Where do they congregate where do they get together today and in the future? How do you make your future and current newcomers feel like they're a part of the community. The answer in the great communities of the world the great downtowns in history because that's where people bond. That's where people do all of those things the social, cultural, civic, religious and entertainment as part of social. All those things are going on in some way. Then what's the best way to make that happen? As a result of that kind of contemplation, circulation becomes a critical item. It's no wander that your citizens are thinking about this. I would offer that some citizens are probably thinking about this at the macro level. That is the whole community. How do we get around the community and they may be having circulation priorities. I can say to you that you've hired me to have downtown priorities do you see what I mean. That I ought to be thinking on your behalf about how do we do our best possible job of making the downtown a highly viable place in those areas of centeredness that you think are appropriate and that are viable within the market place. In that context, it's difficult for me to avoid even at this early stage saying that you need to contemplate how do you make it a great place to get to. In our conversations with the steering committee, we've said that you know there are really two types of roads. There are roads that get you through places and there are roads that get you to places. A through road is engineering a transportation engineering solution to a circulation conduit flow volume of traffic problem or set of problems. To orientation is about connection to place. Those are different priorities that 0 ught to have different people in charge in general. I work with many engineers one of whom is one of my closest friends on the planet and he would be the first to say don't put a transportation engineer in charge of your traffic flows in your downtown. Put them on the team. Have them - be close in advice. We're not talking about transportation efficiency here we're talking about centeredness here. We're talking about the vitality and the viability of a core. In short, what I would recommend is that you contemplate as Council and as a community w hat are your top priorities for moving forvvard with a downtown that is what you vision for. We're here in part to help with that vision but part of it's going to be you telling us Meridian City Pre-CounCil Meeting October 7, 2003 Page 18 of 26 what do you think is your vision of the future. What are your priorities there? Then let us look with those kinds of ends in mind at the various alternative methods of moving traffic around the community and to certain places then measure those alternatives against your priorities in objective ways. It's everything from costs to flows to issues of pedestrian safety and so on. What we found in many other communities is you minimize the emotion and you maximize the objective debate. I think then people can disagree on the issue of ends rather than getting lost on the issues of means and not knowing whether or not other alternative means may have accomplished the same kind of mission. In the case of Colville, Washington, two quick examples and then I'll conclude. Colville, Washington was the town that we were told debated their future of their highway and a possibility of couplet for two and a half decades. There's a social bloodletting. We went through this kind of a process there and at the end we were at 95 percent agreement on the alternative that we with the community collaboratively developed. That alternative was not something that was raw and up on the surface on the first day of investigation. It also allowed for transition of the economy because as you know circulation impacts the economy so over time different types of businesses get used to certain types of circulation patters. If you make changes, you need to accommodate those changes in a hopefully transitional way. That's pretty dramatic. Everybody was looking around the room the night that they voted on this wandering how they could have possibly been in such agreement after so many years of contesting the subject. In the case of Chewelah, Washington we had a much more debatable issue. There were six different alternatives that had been debated to the point where people were no longer talking to each other. Put it through their residential area, put it along the railroad track, do it all the way around the town. You know circumvent all of the businesses that are here. There were many different alternatives. Again, this kind of process led to a 98 percent agreement on the night that there was voting in the public in a public meeting. It was absolutely remarkable. I can't promise you that kind of unanimity but I can say that by objectifying the process you'll minimize the emotion and make this much more comfortable as a decision that benefits the most of the people giving your expressed priorities. In short, I think there are processes out there that can help you through this very difficult process of making a decision. De Weerd: Thank you. That was a great answer. One that will not be easy to answer or get to but we need to. Council any further questions or comments? Bird: I have none. De Weerd: Thank you. We enjoy your enthusiasm and we think that you certainly will be able to pull out some great insight from the people that are invested in this area and be able to tie that to a lot of the creative and energetic ideas that a re 0 ut there. There has been some real exciting things that have already happened it's just a matter of tying them all together and seeing how marketable and practical they are. Thank you very much for coming. Meridian City Pre-Council Meeting October 7, 2003 Page 19 of 26 Hudson: Thank you. Madam Chairman and Members of the Council we]lI work hard for you I promise. We will be accountable. Let us know if you have concerns along the way. We want to try to adjust and accommodate all of your thoughts] guidance, and good ideas. We're saying that to every person that we're working with. We're leaving our cards. We]re saying please get to us tell us what you]re thinking so that this is a collaboration that ultimately ends up with what Councilman Bird shared with us earlier and that is people in the know who have an understanding and a sense of ownership for the ultimate recommendations that are to be made. That will be the difference between another plan on the shelf and implementation. Thank you very much for your time. De Weerd: Thank you. Thank you Tom and Jerry we appreciate - Tom and Jerry isn't that fun. We appreciate you joining us. Item 5. Discussion of Design Standards in Downtown Core: De Weerd: Now Council we do have other agenda items. Steve I guess I would ask you. We wanted to take advantage of having the consultants and extending that conversation. Is this something that we can do next week? Is it a timely issue can we put this on our Regular Agenda or the Park's discussion? Siddoway: We certainly could do it next week. I also feel like why don't we let them go first and see what time they take. I had down 20 to 30 minutes or something but given the discussion that we just had, I think we can pair that down to about 10 minutes. We may be able to get through everything yet. Let's go ahead and let's Park's go first. De Weerd: ]s that okay with the rest of the Council? Bird: Madam President. De Weerd: Mr. Bird. Bird: ] would move then that we take Agenda Item Number 6 and move it in front of Item Number 5. Nary: Second. De Weerd: Okay it's been moved and seconded to hear 6 before 5. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 6. Presentation of New Park Impact Fees - Doug Strong: i Meridian City Pre-Council Meeting October 7, 2003 Page 20 of 26 De Weerd: Okay Doug you're up. Presentation of new park impact fees. Strong: Thank you Madam President Members of the Council. Actually, this item shouldn't take very long. This is information that when you passed the recent Park Action Plan the Comprehensive Plan update there's information about impact fees in that in that chapter. What we're looking for is just your basic understanding of what we're asking for in the impact fees and the changes to the impact fees so that we can move it to a public meeting date so it can become effective. De Weerd: Doug this went through the commission I believe a number of times is that correct? Have they looked at this and acted on it? Strong: Yes it's been through the Park Commission it's also -- we had an impact fee committee that's had a final meeting on it and it's passed out of that committee. We have one letter of support from the Builder's Association I believe. I don't have that letter with me. It looks like we have general consensus that this is where it needs to go. I guess the place to start is that the impact fee hasn't been changed since 1996, which it was first, put into effect of April - I think April 1 f 1996. Did all of you get the same PowerPoint presentation with this week's agenda? It mentioned the current impact fees were passed. They were established in 1996. They have not changed since that time. Those fees by the way but they're not shown here for single-family dwelling were $481.65 and for multi-family $370.50, that's what we're currently collecting. The proposed changes to the fees we've changed those amounts to $667 for single-family and $607 for multi-family. That's the important information. That change or that difference for single-family is an additional $185 more or less and for multi-family $236 change in the amount collected from previous. The calculations are shown here how we go through calculating the amounts for community parks. I'm not going to spend time on that. Then the neighborhood park share and then proportionate share is calculated. Then less a general fund share to come up with the $ 667 and the $ 607. We've a Iso a dded a n administrative fee 0 f $ 20, which will be collected and used to update the Park Comprehensive Plan and the capital improvement portion of that plan into the basic impact fee. That's how we arrived at it without a lot of discussion about all the parts that go into that. That's what we would like to move forward with so that we can begin collecting those fees. De Weerd: Well [ think we just need to get this on the agenda and move forward. It's been long time coming. I know there's been a lot of work and sure appreciate the committee that was put together and all the users that - the partners that came to the table and helped make sure that this was realistic, defendable and someone they could all buy into. Meridian City Pre-Council Meeting October 7,2003 Page 21 of 26 Strong: I've been involved in this process a relatively short period of time and understand there has been quite a lot of discussion in the past. The last Impact Fee Committee that we had lasted and Bill Nichols was there and can confirm this it lasted and I think you even left early. It lasted less than an hour and there was general consensus when we completed the meeting. It looks like an acceptable amount and something that we should be able to move forward on. De Weerd: Thank you Doug. Strong: Thank you. De Weerd: Just work with Will and get that on the agenda. Strong: Thank you. Bird: Notice for a Public Hearing and let's get her going. Item 5. Discussion of Design Standards in Downtown Core: De Weerd: Steve we'll go ahead and go to Item 5 the discussion of design standards in the downtown core. Siddoway: Thank you. The (inaudible) of where I was going with this discussion was just discussed with the market strategy and how those two processes overlap. How the market strategy can really provide some validity, background, and rationale for the types of design standards that we would do to implement the vision and the strategy that this process does. I would like to just use a couple of minutes to report back to the Council on where we are with the design standards process and then make a proposal related to the current effort. First, a reminder to us all as to why we even jumped into design standards in the first place. We identified a couple of years ago that a real barrier to development in Old Town when it's competing with the fringe is the fact that everything in Old Town has a Conditional Use Permit. Where if they were to go out in the fringe and get commercial zoning they could be a permitted use and be through P&Z in a week versus a four month Conditional Use Permit. That said, we decided that we did not - we weren't ready to just jump in and make everything permitted uses in downtown because we didn't have any guidelines to say how those buildings would look. At staff level, we're doing staff level reviews we have to have some criteria to apply. Therefore, we went ahead with the design standards and we started this process a year ago. We hired Sherry McKibben as the consultant, worked up a set of draft design standards. That draft was brought before the MDC Board and they said well have you taken this to the developers, to the property owners who are going to be affected by this. Have you tested it with the architects that have to design buildings? Have you done these things? We said no, but we will and we did. We set up a meeting in February of this year. We emalled out the draft standards that we had come up with to over 50 Meridian City Pre-Council Meeting October 7,2003 Page 22 of 26 different people from all different walks of life that might have an invested interest in how these turnout. We pulled them together for the design standards workshop that was held at the police station in February and we received a lot of good feedback. As follow up to that we then gave the results of that meeting to our consultant who then took an initial stab at rolling those ideas into the standards. Then we took that revised draft and formed a committee that still had different representations on it and walked through that line by line by line. We were able to engage this group for over eight hours over several different meetings. The result is a series of design standards for the core area, which I need to clarify in just a moment. Those design standards have very good widespread agreement. Those revisions were then sent back out to the group of 50 that got the original one and asked them to review and comment. I haven't had much feedback but I certainly have had no negative feedback. If you think of the Urban Renewal Area, we originally had that Urban Renewal Area divided up into different sub-districts. What Anna is putting up was the original thought on the sub-districts of the Urban Renewal Area. In the center, this blue area is what we were calling the core. That's where we started our design standards effort. The design standards that we've done to date do not address the entire Urban Renewal Area they really only address this small area and the shape of that small area has been tweaked as well. Fortunately, Mr. Hudson was up here talked about the need for understanding the ends first before getting into the means. Design standards are a means. We did have a clear idea of what the ends want - what we wanted the ends to be in this core area. That facilitated us moving through the means, which are the design standard for that area. We have what we feel like is a final draft that we're pleased with for this area. Now the intent was to not come forth with the standards until we had design standards for every sub-district in the Urban Renewal Area. We moved from the core to what we're calling the growth area but that proved to be a much larger problem. We don't have a clear vision of the ends. We don't know if there is really more sub-districts within this or whether the lines are exactly right or even the exact type of development we're trying to attract so we have stumbled on this one. Nary: Is that rail corridor there is that why - Siddoway: This is the rail corridor yes. This would be the creamery and this would be the lumberman's property. Nary: (Inaudible). Siddoway: The market strategy process that is under way today can do much for giving us direction as to the ends of this area and what the type of development is that we're trying to attract which will then lead us down the path of what design standards make sense for those types of businesses. Our proposal tonight and I have run this by the Design Standards Committee that I've been working with. We want to cease working on the design standards for now and get some further direction from the market strategy first. We're also sensitive to the fact that we Meridian City Pre-Council Meeting October 7, 2003 Page 23 of 26 have a group of people that have been working on this for a year and didn't want to lose the work on the core that has been done that has pretty good widespread agreement. Our proposal then would be to, if the Council agrees, we would stop working 0 n the 0 ther su b-d istricts for now. We w ou Id direct 0 ur consultant to move forward with refining those core area standards. Not that the text is done but adding in the illustrations and things that need to go with it. Then bringing it back as a Comp Plan Amendment for this special area, which is our historic core of the downtown and using them as a guideline that we can begin using to the standards that have been done. We can even ground truth those first with Mr. Hudson and see what he thinks of them. They're not very lengthy. They're only you know four pages or so. That's my proposal would be to use those core area standards now as a Comp Plan Amendment so that they're not shelved and forgotten and hold work on the other areas until we get a more solid vision through the market strategy process. De Weerd: I think that sounds reasonable Steve. Maybe the easiest way to do it is kind of bite it off one piece at a time. I guess you went out I think prior to the design standards workshop with a Public Hearing or a public workshop on rezoning -- Siddoway: Yes. De Weerd: -- this area and that had a great deal of feedback on it. The rezoning issue and the issue of trying to lift those CUP requirements down there what kind of timeframe are you working with on those issues? Will those coincide with the design standards and that will be also put on the back burner? Siddoway: Yes. Early this summer we started to move forward with the effort to rezone Old Town as defined by the new Comprehensive Plan. We sent out postcard information to every property owner that would be affected by that rezone and invited them to an open house that was held at the Nazarene Church across the street. We received a great deal of opposition to the idea of rezoning them for two reasons. The commercial business owners did not like the idea of being rezoned to old town because it made them a Conditional Use Permit. Where they currently have zoning that makes them permitted uses. Our response to that was well we're looking on the design standards and our full intent is to do away with that. The response was well do the design standards first and then rezone us. Change your schedule of use control, do the design standards, change the schedule of use control, and then rezone us. The other opposition was from the residential - the residents who were concerned that a rezoned Old Town opened up the opportunity for businesses to go in next door through the Conditional Use process. Our response to that was well through this design standards process we would intend that some of these sub-districts would be kept primarily residential and not everything would now allow commercial. They said, well then do the design standards first and then talk to us about rezoning. I don't think we should try the rezone until we do the design standards. Meridian City Pre-Council Meeting October 7, 2003 Page 24 of 26 I don't think we can complete the design standards until we have the market strategy. That's kind of how things are laying out right now. De Weerd: Then when you get to the rezone will you do it bit by bit as those design standards are firmed in those different sub-districts? Siddoway: If the sub-districts are piecemealed - I would still hope that we could come up with them together after this. If we did piecemeal the design standards after the market strategy, we could piecemeal the rezone. We do already have a legal description prepared and ready to go of the entire boundary. We can do whatever seems appropriate at the time. De Weerd: Well it seems like what you're recommending would be the best way to do it. Any comment from Council. Nary: Madam President. De Weerd: Mr. Nary. Nary: Yes, I think Council President de Weerd is right. I mean you know really is how do you eat this elephant well you have to start somewhere. I think what you're proposing is probably the best way to go. I think part of maybe your job is going to be - is as we get through all of that - I mean because we're sort of almost in a vacuum when we start because you're starting with a very small piece of this thing. As we go through the rest of it, we may have to revisit that again to say well now that we've got through the end of it does the beginning make sense anymore. I guess that's going to probably more your job at keeping the focus on that. I mean you may not be able to (inaudible) people sitting up here at that point too so it may be an issue of really having to re-educate the group saying here's why we did that. Here's how we got here and now we need to go revisit that over. Siddoway: You're talking about the standards that we've come up with revisiting those later and making sure - Nary: Right we're going to start with a small little piece that may make a lot of sense in that little vacuum when we're not really revisiting (inaudible) rest of it. Later 0 n, we may come back and say well t hat doesn't make as much sense anymore as we thought it did a year ago when we did it. Otherwise, I think you have to start somewhere and I think that's probably the best. It sounds like strategy wise is the best to take the consensus work you've accomplished and at least apply that. Powell: Madam President and Members of the Council also to add to that what we had envisioned was when we bring forward the Comprehensive Plan Amendment is to actually adopt them as an addendum. That if we do need to go Meridian City Pre-Council Meeting October 7, 2003 Page 25 of 26 back and change or add to them we're not monkeying with the whole Comprehensive Plan just with a section of them. Then the other issue I wanted to raise was the one of the - the Zoning Ordinance particularly the schedule of use control. That would be the other part of this and I have made that one of the department priorities is to go ahead and redo the Zoning Ordinance and that use table would be a large part of that De Weerd: Boy, those priorities just seem to expand every time we meet huh? Powell: I keep on hauling him back to the few. De Weerd: Well thank you Steve. Siddoway: Thank you. Wallace: I just would add one little - De Weerd: If you can join us up in front of the mic. Wallace: Madam President Members of the Council just to facilitate this kind of collaboration with Sherry McKibben. Tom and I will be connecting with her Thursday morning of this week so that these are not each done independently and that we have to reconcile them later. We're going to work with Sherry to figure out a way that both for the design standard perspective and the work that we're doing that we could come back with those - with some kind of a planned reconciliation when we represent them. De Weerd: That's great. Wallace: Just want to let you know that we're trying to get that collaborative development that I put into the process. De Weerd: You must be more of the design side of this equation. Wallace: Well we share a number of partnerships. De Weerd: And for the record, you're Jerry Wallace. Wallace: Jerry Wallace. Right. Thank you. De Weerd: Thank you. Okay weill just wanted to take one last comment Diane thank you for the presentation on the Park impact fees I'm sure you probably had something to do with that You made that formula it's complex into something that was understandable. Again, Doug appreciate all the work your department did. If you wouldn't mind, we'll take a five-minute break before we call the next meeting to order. I would entertain a motion for adjournment. Meridian City Pre-Council Meeting October 7, 2003 Page 26 of 26 Nary: So moved. McCandless: Second. De Weerd: Okay it's been moved and seconded to adjourn. All those in favor say aye. Thanks. MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 7:03 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ 'TQVVt~ ckW~cl Q,C-tJ COu.Yl~L ?t(S,ilLe,vct 10 / 2r /03 DATE October 3,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Pre-Council Meeting October 7, 2003 ITEM NO. 4 REQUEST Revitalization Area Market Strategy Discussion AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A HORNEY 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: . See attached Memo y):ljiJ rl&~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publ1c meetings shall become property of the City of Meridian. Lu5.........l. v..... A- Will Berg From: Steve Siddoway Sent: Thursday, October 02,200310:30 AM To: 'Sharon Smith'; 'Will Berg' Cc: Tammy de Weerd; 'Tom Hudson' Subject: Pre-Council: Market Strategy Attached is a memo to the Mayor & Council for the Pre-Council meeting next week. Please title the item: Revitalization Area Market Strategy Discussion The discussion will be led by Tom Hudson. from the Hudson Company. and me. We will need 20-30 minutes. Thank you. FROM THE DESK OF... Steve Siddoway Meridian Plmming & Zoning 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 phone: (208) 884-5533 fax: (208) 888.6854 email: siddowas@meridiancity.om 10/2/2003 Attachment 2, Consultant Deliverables Deliverables 1 Regional Physical and Market Profile Analysis Report; Executive Summary 2 Summary of Citizen Interviews: Insights, Trends, Opportunities, Challenges From 32 Citizen Interviews to be Arranged by Client 3 Regional Overview of Competitive Urban Centers, Focusing on: Retail, Housing, Professional Services, Culture, Mixed Use 4 PowerPoint Presentation on Major Alternative Futures of Downtown Meridian (For Task 2b) Will Include Samples of Similar Downtowns' Successes in Development 5 Market Development Strategy, Powerpoint Presentation: Will Include: Recommendations for Target Markets & Key Development Goals For Subdistricts Definition of Primary and Secondary Markets Market Development Strategy Presentation for Task 3b 6 Market Development Action Plan: Steps, Leaders, Partners, Timeline & Key Tools Will Include: Identification of 1 st Year T acties & 5-10 Year Programming Evaluation of Vacant and Under-utilized Land Potential Resources to Support Implementation, Especially Public Investment PowerPoint Overview ofthe Action Plan Note, Draft Format of Report: Executive Summary Downtown Development Vision (General & By Subdistrict) Market Opportunities Overview (Quantitive Projections; Density Expectations by Use and Subdistricts) Downtown Market Development Strategy Includes Target Business & Industry Mix Recommendations Includes Strategic Land Investment/Development Opportunities Downtown Market Development Action & Work Plan (Who, What, When, Where, How) Brief Overview of Priorities for Regulatory Structure Refinement Potential Resources to Support Implementation Appendices as Appropriate Phase I III NOTE: Attachment 1, Scope of Work MONTH 1 234 5 6 I Task Data Collection, Analysis & Interpretation 1 Initial Data Collection Research & Interviews a Finalize Contract b Kick-off Meeting with ClientTeam c Onsite Market Research d Inteviews: Two Staff Over Two Davs. Each Meet with 32 @ 45 Minutes e Socio-economic, Market & Physical Data Collection, Analysis f Collect Examples of Successful, Analogous Development g Outline Major Alternatives in Market Development h Prepare Physical & Market Profile of Revitalization Area i Team meeting to Review Findings, Alternatives, Progress 2 Presentation on Market Data & Findings for Landowners a Prepare 35 Copies of Summary Handout b Conduct Presentation on Alternative "Ends" & Futures of Downtown Definition of Markets; Preparation of Draft Strategy 3 Preparation of Draft Market Strategy a Refine Market Approaches into Formal Market strategy + Define Primary and Secondary Markets + Identify 1st Year Tactics & 5-10 Year Programming b Conduct Brainstormino Workshop on Means to Attain Taroeted Future Downto n c Re-evaluate Vacant and Under-utilized Land dEvaluate local land use regulatory structure e Identify Strategic Investment Opportunities to Attract Targeted Development f Develop Target Business/Industry Mix Details 4 Meeting with Landowners: Present Strategic Focus; Seek Feedback a Prepare 35 Copies of Summary Handout b Conduct Presentation Prepare Final Market Analysis and Market Strategy Report 5 Prepare Final Market Analysis and Market Strategy Report 6 Submit Final Report. Planned Site Visit by Consulting Team II III II III mo To: Mayor and City Council from: steve Siddoway, Planner II Date: 1 October 2003 Rs Market strategy-Revitalization Area The Meridian Development Corporation (MDC) is working in partnership with the City of Meridian to aggressively promote downtown revitalization. We've hired a team of downtown specialists, The Hudson Company, to work. with us on the next phase of this endeavor. We have asked The Hudson Company to focus on business development opportunities and the potential future roles of downtown in addressing local and regional markets. The Hudson Company will be in town during the week of October 6-10 and would like to address the Mayor and Council at the Pre-Council meeting to be held on October 7. The purpose of the meeting will be to allow the consultant, Tom Hudson, to gain input from City Council about the key opportunities and constraints related to market viability in the downtown/urban renewal area. We will use your input to help guide the process and identify major issues that need to be addressed by the study. We will also brief you on the process and products of the study, as well as some of the major themes emerging from intelViews with local businesses and property owners. To guide this effort, we request that you come to the Pre~Council meeting on October 7 prepared to share your insights on issues, opportunities, and concerns related to revitalization of the urban renewal area. Attached for your reference are summaries of the scope of work. and consultant deliverables for the project. Thank you. October 3,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Pre-Council Meeting October 7, 2003 ITEM NO. 5 REQUEST Discussion of Design Standards in Downtown Core: AGENCY COMMENTS 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: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Memo y~ r)Jfrfr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ...L...5..... ~ \J.L.I. Will Berg From: Steve Siddoway [siddowas@meridiancity.org] Sent: Thursday, October 02, 200310:47 AM To: 'Sharon Smith'; 'Will Berg' Cc: 'McKibben + Cooper'; Tammy de Weerd; 'Anna Subject: Pre-Council: Downtown Design Standards Attached is a memo to the Mayor & Council for the Pre-Council meeting next week related to the Design Standards-(note it is a separate issue from the Market Strategy). the draft design standards. and a map of the core area. Please title the item: Downtown Design Standards Discussion The discussion will be led by me. I anticipate needing about 15-20 minutes. It could be up to 30 minutes max depending on the amount of questions and discussion among the Council members. Thank you. fROM THE DESK OF... Steve Siddoway Meridian Planning & Zoning 660 E. Watertower Lane, Suite 202 Meridian, 10 83642 phone: (208) 884-5533 fax: (208) 888.6854 clllail: siddowas@llleridiancity.org 10/2/2003 To: Mayor & City Council fron'c steve Siddoway, Planner II Date: 1 October 2003 Re: Downtown Design Standards The Planning & Zoning Department, with guidance from the City Council and MDC, initiated a project last year to prepare new design standards for the downtown area. We focused first on the "core area" of downtown near Main street and Idaho Ave. We prepared draft design standards and sent them out to a group of over 50 stakeholders for review. In February, 2003, we also held a workshop on the draft standards to flush out specific concerns with the draft standards Since then, we have been actively working on revising the draft standards for the "core area" of downtown. A subcommittee working on the revisions represented a broad cross-section of interests, including planners, architects, historic preseNation commission, MDC, chamber of commerce, real estate professionals, and financial (bank) interests. Our consultant, Sherry McKibben with McKibben and Cooper Architects, initially edited the draft standards based on the input we received from the workshop. Our subcommittee then spent over 8 hours during several meetings in detailed, point-by-point discussions about the standards. The result is a stronger set of revised standards that has widespread agreement among the various stakeholder groups. Moving on from the core area to other sub-districts, however, has proven to be a larger challenge. Several unresolved questions still exist regarding the exact boundaries of the other sub-districts and the nature of development we are trying to attract to them-all of which impacts the design standards appropriate for buildings in the sub-districts. Such questions can be resolved through the market strategy/vision process that the MDC is currently engaging in. Therefore, the P&Z Department proposes-with concurrence from the Design Standards Subcommittee-- to postpone further action on design standards for other sub-districts until the market strategy is complete. Also, so that the work is not lost that has been done on the core area over the past year, we propose directing our consultant, Sherry McKibben, to refine the current draft to include illustrations and then bring the core area standards back to the Council as a Comprehensive Plan Amendment. P&Z Staff will be at the Pre-Council meeting on October 7 to discuss this process and the proposed design standards in more detail. Attached is a copy of the revised core area design standards (text only) for your review. Changes to the draft standards were tracked; you can view all of the changes by switching your Microsoft Word display from "Final" to "Final Showing Markup". Also attached is a revised boundary for the proposed core area. Streetscape Design Streetscape Design in the Core Sub-district - see Sheets SD 1-10. [Note: The streetscape designs are still being developed in conjunction with ACHD]. Alleys: Alleys must be improved per Ada County Highway District standards. Light fixtures shall be installed to light the alleys at appropriate intervals to provide continuous down-lighting on the alley surface. Landscaping See applicable Streetscape Designs for street-side landscaping. The following sections of the City of Meridian Landscape Ordinance 895, and any future amendments, apply to the Core sub-district: Sections 12-13-1 through 12-13-8 (except for section 12-13-7-4), and Sections 12-13-17 through 12-13-19. Streetscape trees shall be pruned with a clear branching height of at least eight (8) feet above the sidewalk surface and 14' above the street. Surface parking lots shall be required to have streetscapes as described above and be screened at the street side(s) with 3' high shrubs planted at 5' on-center in a continuous 5' wide minimum planting bed. Additional plantings, such as Class 1 trees, flowers, smaller shrubs may also be included. Parking [Note: It is presumed that the Meridian Development Corporation will supply parking for the Core Sub- district in parking lots or structures. Curbside parking, where possible, will provide short term parking.] Number of spaces required: Zero off-street parking is required. If off-street parking is provided, provide accessible spaces as per federal accessibility standards. Size of spaces: See Meridian Zoning Ordinance 11-13. Location: Parking is allowed only at the rear of buildings not visible from streets and in parking structures. Parking is not allowed at first floor of structured parking garage within 30' of street- facing facades as this area must be used as tenant space with active uses. See figure_ Screening: Screening of parked cars in parking structures above the first floor must include a solid panel up to 42" from floor levels. Structured parking garages will conform to the requirements of Facade Treatment, Entrances above except for any required glazing at floors above the first floor. Signage [pending per meeting of Sign committee.] Street-facing facades above ftrst floor: Street facing facades above the ftrst floor shall have no less than 20% glass. See figure _' Windows shall be vertical in proportion and frames recessed from the face of the finished wall by a minimum of 411. Reflective glass is not allowed. Acceptable wall materials include stone or brick masonry, tile, and stucco. Concrete masonry is prohibited, except as provided for under Alternative Compliance. Allev-oriented and interior side lot facades: Alley-oriented facades and interior side lot facades may be materials other than those noted above. Such other materials must be painted in a color compatible with the front facade. Awnings: Retractable fabric awnings or permanent canopies for sun protection and the creation of protected sidewalk space are encouraged. See figure_. Temporary and permanent awnings of plastic fabric are not allowed. See figure_ Parapets: Parapets are required and must have a shaped cap of no less than 4" vertical, projecting no less than 1" horizontal. See figure_ Projecting Cornices: Projecting cornices, ifused, must be consistent or compatible with historic structures of the turn of the 20th century. See figure_ Roofs: Roofing materials shall be light in color to reduce heat absorption. Interior roof drains are required. Vegetated roofs are allowed for rain water retention. Mid-block Pedestrian Pathways All developments in the Core Sub-district will meet the following requirements for mid-block pedestrian pathways, if those pathways are deemed necessary by the applicant/owner: Location: The primary pedestrian pathways shall be on the street sides of buildings (See Streetscape Design). Mid-block pedestrian pathways from rear parking areas to buildings, between and/or through buildings shall comply with the following: Width: 5' minimum, 8' preferred, in open areas~ 10' minimum through buildings. See figure_ Materials: Concrete, brick, concrete pavers, and/or colored asphalt must clearly delineate the pathway separate from any driving surfaces. Figure_ Lighting: Light fixtures shall be installed to light the pedestrian pathway at appropriate intervals to provide continuous down-lighting on the path surface. Visibility: Mid-block pedestrian pathways shall not be obscured by dumpsters, screen walls, plantings, or any other feature to a height greater than 3'. Through or between buildings, the pathway will be straight with no side alcoves~ the ends of the pathway shall be unobstructed for visual access down the pathway. Prohibited Trees: No evergreen trees or Class m trees shall be adjacent to the pathway due to safety, sight distance, and maintenance concerns. Fences and site walls: Fences and site walls adjacent to a pedestrian pathway are recommended to be usee through" as it provides better visibility from adjacent homes or buildings. If solid fences or walls are used, they shall not exceed three (3) feet in height. Figure_ Building Height and Form All development in the Core Sub-district shall meet the following limits of height and form: Height: Method of Measurement: See definition 10 Meridian Zoning Regulations and Subdivision and Development. Minimum Height at street side facade: 15'. Maximum Height at street side facade: Two stories/35 feet. Maximum Height at 10' behind streets ide facade: An additional story is allowed if the facade is set back 10' minimum from the streetside facade. Maximum height is 45' from street level. See Figure_ Comer elements such as turrets and bay windows, on comer lots only, may exceed height limit by 10'. Large projecting signage elements are not allowed. See figure_ Form: Street side facades must include a parapet whether a flat roof or pitched roof is used. Decorative elements of parapets may exceed height limits by 4' maximum, and are restricted to 50% of parapet length. Facades stepped back 10' or more may have a shaped roof profile without a parapet, but must not exceed height limit. Form may include comer elements at comer lots only, such as towers, projecting bays, etc, but must not exceed the height limit set above. Ground level building comers on comer lots only, may be chamfered a distance of 10' maximum from the comer property line for comer entries. See figure _ Balconies and bay windows may project beyond the facade up to 6 feet if at least 15 feet above ground. Such projections must also comply with Ada County Highway District right-of-way requirements. See figure _ Fa~ade Treatment, Entrances All developments in the Core Sub-district will meet the following requirements for fayade treatment: First Floor Design: All first floor street-facing facades must be treated such that storefronts can be added to allow flexibility of use over time. Facades must contain no less than 50% glass. Storefronts must follow the proportioning system in figure_. Glass must be clear with no tinting or reflectivity. Window frames must be recessed from the face of the finished wall minimum 411. Non-glass materials may be one or a combination of the following materials and must be detailed to reflect traditional uses of these materials: Stone or brick masonry, tile, or stucco. Concrete masonry is prohibited, except as provided for under Alternative Compliance. Paneled painted wood may be used within the storefront if detailed in an historically compatible manner. Active doors are recommended at every 25' maximum to create activity. Simple and historically detailed window headers and sills are encouraged. Belt coursing at 12' to 20' above the ground is encouraged, especially if matching an adjacent building. See figure_ Core Sub-district Design Standards Purpose The purpose of Design Standards in the Core Sub-district is to support community identity in the historic center of Downtown Meridian; encourage the rehabilitation and conservation of existing historical buildings; permit the establishment of infill mixed-use building of character, height, scale, and proportion compatible with the existing historical buildings; reinforce the urban pattern; minimize interruptions in the wall of street-facing building facades; slow traffic by shaping the street "room" and providing Iteyes on the street"; increase safety in public spaces; and to reduce off-street parking requirements by realizing that the Meridian Development Corporation will provide parking in the area. Applicability These standards apply to new development and (%?) additions/renovations to existing development. [Note: The applicability of these standards to additions and renovations has not yet been determined. The standards will apply to all new structures.] Setbacks See defmitions in Ordinance 11-2-2. Front and side setbacks: In the Core Sub~istrict, all new buildings must have first floor facades built to the public right of way ("build-to lineslt) at the street-sides and interior lot lines. Buildings will be built to the alley for a depth of 20' from the Main, 2nd and Third Street sides. Pedestrian plazas within the setback area will be considered if less than 50% of the total facade length of an individual facade. Figure_ Rear setback at alley: 5' minimum, except as noted above. Building Orientation All developments in the Core Sub-district shall be oriented to the street with a main entrance . This requirement is met when: 1. Buildings have their primary entrance(s) oriented to the street. Buildings located on Main Street must have one primary entrance on Main Street and may have other entrances on side street(s). 2. Entrances to second story uses not associated with the ground floor uses must be on the street side; a secondary entrance/exit may be located on the rear. No tenant spaces may be solely accessed by an entrance on the alley. 3. Off-street parking, driveways, and other vehicular circulation shall not be placed between the building and the street. 4. Service areas for new buildings will be located at the rear including loading, recycling, garbage, meters, mechanical equipment, etc and will be screened from view with site walls compatible with the building fa~de if visible from the street (alley view is excluded). Service areas for renovated existing buildings must be located at the rear if at all possible. 5. Rooftop mechanical equipment must be screened to the height of the equipment with allowable exterior materials (See Facade Treatment). October 3, 2003 MERIDIAN CITY COUNCIL MEBING APPLICANT Pre-Council Meeting October 7, 2003 ITEM NO. 6 REQUEST Presentation of New Park Impact Fees - Doug Strong: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Draft Ordinance See Attached Committee Minutes 1 Info .~f1J f~i Date: Staff Initials: Phone: Contacted: Emailed: Materials presented at public meetings shall become property of the City of Meridian. OCT 0 2 2003 CITY OF MERIDIAN ORDINANCE NO. 03- (;ity Meridiem (;ity CleTk Office BY: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 10 CHAPTER 7 IMPACT FEES OF THE MERIDIAN CITY CODE PROVIDING FOR REVISIONS, DELETION AND ADDITIONAL LANGUAGE TO THE DEFINITIONS SECTION 10-7- 3, TO THE GENERAL PROVISIONS SE,CTION 10~7~4, TO THE DEVELOPMENT IMPACT FEE; STANDARDS AND PROCEDURES SECTION 10-7-5, TO THE SECTION 10~ 7-6 SUBSECTION B. TO THE DETERMINATION OF DEVELOPMENT IMPACT FEES, TO THE REFUND OF IMPACT FEES PAID SECTION 10~7~7, TO SECTION 10-7-8 EXEMPTIONS, TO SECTION 10-7-9 CREDITS, TO SECTION 10-7-10 SUITABLITY OF LAND OFFERED FOR DEDICATION, TO IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS SECTION 10-7-11, TO IMPACT FEE EXPENDITURES SECTION 10-7-12, TO PARK AND RECREATION IMPACT FEES SECTION 10~7~13 ADDING A NEW SUBPARAGRAPH G AND RE- LETTERING THEREAFTER; TO THE ADMINISTRATIVE COSTS SECTION 10-7-14; TO SECTION 10-7-16 APPEALS OF ADMINISTRATIVE DECISIONS PROVIDING FOR REVISIONS AND ADDITIONAL LANGUAGE; PROVIDING FOR DELETION OF LANGUAGE OF 10-7-17 VESTED RIGHTS; PROVIDING FOR REVISIONS, DELETION AND ADDITIONAL LANGUAGE OF 10-7- 18 OTHER POWERS AND RIGHTS NOT AFFECTED; AND PROVIDING FOR SEVERABILITY, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section IO-7llv1PACT FEES of the Meridian City Code, be, and the same is hereby amended to read as follows: Impact Fee Ordinance - Amended Page lof28 10-7-1: SHORT TITLE, APPLICABILITY AND PURPOSE: A. Short Title: This Chapter shall be known and may be cited as the CITY OF MERIDIAN IMP ACT FEE ORDINANCE. B. Applicability: This Chapter shall apply to the development of property located within the boundaries ofthe City as well as "service areas If identified in the City of Meridian! Ada County area of impact agreement as the same is amended from time to time. C. Purpose: The City Council finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the City. It is the intent by enacting this Chapter to: 1. Ensure that adequate facilities are available to'serve new growth and development; 2. Promote orderly growth and development by establishing uniform standards by which the City may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development. 3. Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements; 4. Collect and expend development impact fees pursuant to the enabling powers granted by the provisions of the Idaho Development Impact Fee Act; 34 5. Provide the legal and procedural basis for the implementation of development impact fees within the area of City impact; and 6. Ensure that any capital improvement funded wholly or in part with impact fee revenue shall first be included in an approved capital improvements plan that lists the capital improvements that may be funded with impact fee revenues as well as the estimated costs and timing for each improvement. D. Chapter To Be Amended: It is intended that this Chapter will be amended as capital improvements plans are approved and adopted as part of the Comprehensive Plan, pursuant to the provisions ofldaho Code section 67-8208, to include specific methodology for the calculation of development impact fees for specific categories of public facilities. Development impact fe~s shall not be charged, collected or expended for public facilities which are not included in an approved capital improvements plan that lists the capital improvements which may be funded with impact fee revenues, as Impact Fee Ordinance - Amended Page 20f 28 well as the estimated costs and timing for each improvement. No amendment to this Chapter adopting an impact fee for public facilities or amending or adopting the methodology for calculating an impact fee shall be effective unless approved by ordinance adopted by the City Council in accordance with the procedural requirements ofIdaho Code section 67-8206. (Ord. 723,3-1-1996) 10-7-2: RULES OF CONSTRUCTION: A Interpretation: This Chapter shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety and welfare. B. Rules Enumerated: Unless othetwise stated, the following rules of construction shall apply to the text of this Chapter: 1. If there is any conflict between the text of this Chapter and any table, summary table or illustration, the text shall control. 2. The word "shaU" is always mandatory and not discretionary; the word "mayll is pernnsslve. 3. The phrase "used for" includes Ifarranged for", "designed fOfU, or Ifoccupied forlf. 4. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. 5. The word "includesll shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstance~ oflike kind or character. 6. Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine. 7. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction lIand", "or" or lIeither... orll, the conjunction shall be interpreted as follows: a. II And" indicates that all the connected terms, conditions, provisions or events shall apply. b. "Orll indicates that the connected items, conditions, provisions or events may apply singly or in any combination. c. "Either... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combina~iori. (Ord. 723, 10-7-3: DEFINITIONS: Impact Fee Ordinance - Amended Page 3of28 For the purpose of this Chapter, the following terms, phrases and words shall have the meaning given herein. APPLICANT: Person who applies for a building permit or is otherwise subject to the provisions of this Chapter. APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or other official act of the City. BUILDER: Person who applies for a building permit or is otherwise subject to the provisions of this Chapter. BUILDING: Any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind. BUILDING PERMIT: An official document or certificate by that name issued by the Meridian Public Works Department, authorizing the construction or citing of any building. CAPITAL IMPROVEMENTS: Improvements with a useful life often (10) years or more, by new construction or other action, which increase the service capacity of a public facility or service. CAPITAL IMPROVE11ENTS PLAN: A plan adopted and amended pursuant to the provisions ofthe Development Impact Fee Act, Idaho Code section 67-8208 which identifies capital improvements for which development impact fees may be used as a funding source. CITY COUNCll..: The City Council of the City of Meridian, Idaho. CITY PARK SYSTEM: Includes all park and recreation facilities operated by the City. COMl'vIDNITY PARK: A park planned primarily to provide active and structured recreation activities for young people and adults. In general, community park facilities are designed for organized activities and sports, although individual and family activities are also encouraged. Community parks can also provide indoor facilities to meet a wider range of recreation interests. Where there are no neighborhood parks, the community park can also serve this function. In comparison to neighborhood parks, community parks serve a much larger area and offer more facilities. Their service area is roughly a one to two (2) mile radius, and will support a population of approximately seven-thousand five hundred (7,500) to fifteen thousand (15,000) persons, depending upon 'size and facilities. As a result, they require more support facilities such as parking, restrooms, covered play areas, etc. Community Impact Fee Ordinance - Amended Page 40f28 parks are usually about twenty (20) acres in size and often have sports fields or similar facilities as the central focus of the park. C01vfPREHENSIVE PLAN: The City of Meridian Comprehensive Plan known as liThe City of Meridian Comprehensive Plan" as updated and amended from time to time pursuant to Idaho Code section 67-6508. CREDITS: The present value of system or service improvements, contribution or dedication of land or money required by the City from a developer for system or service improvements of the category for which the development impact fee is being collected. DEDICATION: A deliberate appropriation of land by its owner for use as public facilities as the same are defined herein. DEVELOPER: A FQerson '.vho applies for a building permit or submits a plat that undertakes the subdivision of property as defined in Meridian City Code or is otherwise subject to the provisions of this Chapter. DEVELOP:MENT: Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, or the subdivision of property that would permit any change in the use, character or appearance of land, which creates additional demand and need for public facilities. DEVELOPMENT APPROVAL: Any written authorization from the City which authorizes the commencement of a development. DEVELOP:MENT IMP ACT FEE: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system or service improvements needed to serve development. This term is also referred to as an impact fee in this Chapter. The term does not include the following: A. A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development; B. Connection or hookup charges; C. Availability charges for drainage, sewer, water or transportation for services provided directly to the development. D. Amounts collected from a developer in a transaction in which the governmental entity has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements, unless a written agreement is made pursuant to Idaho Code section 67~8209(3), for credit or reimbursement. Impact Fee Ordinance - Amended Page 50f28 DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other governmental action approving or authorizing a particular development project including, but not limited to, a rezoning which requirement compels the payment, dedication or contribution of goods, services, land, or money as a condition of approval. DWELLING UNIT: A building or portion of a building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living and/or sleeping quarters for one or more persons. llDwelling unit" includes "mobile homen. EXISTING DEVELOPMENT: The lawful land use which physically exists or for which the landowner holds a valid building permit as of the effective date hereof or that maximum level of development activity for which a previous impact fee was paid under the provisions of this Chapter. As used in this Chapter, the term "lawful land use" shall not include a land use which has been established or maintained in violation of this Chapter or applicable codes. EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact. EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: a) result in the need for system improvements, the cost of which will significantly exceed the sum of the development impact fees to be generated from the project or the sum agreed to be paid pursuant to a development agreement as allowed by Idaho Code section 67-8214(2), or b) result in the need for system improvements which are not identified in the capital improvements plan. FEE AD:MINISTRATOR: The official or designee appointed by the Mayor with City Council approval, to administer this Chapter. FEE PAYER: A person intending to commence a proposed development for which an impact fee computation is required, or a person who has paid an impact fee, provided a letter of credit, or made a contribution in-lieu-of-fee pursuant to this Chapter. IMP ACT: The effect on the local public facilities and services in a given area produced by the additional population attracted by development. INDIVIDUAL PROJECT ASSESSMENT: An assessment of a particular project based upon an agreement between a fee payer and the City after review of materials and information submitted by a fee payer whereby clear and convincing evidence has established tbat the impact fee requires adjustment. LAND USE ASSUMPTIONS: A description ofthe service area and projections ofland uses, densities, intensities, and population in the service area over at least a twenty (20) year period. Impact Fee Ordinance - Amended Page 60f28 LEVEL OF SERVICE: A measure of the relationship between service capacity and service demand for public facilities. MANUF ACTURED HOME: A structure, constructed according to HUDfFHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight feet (81) or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a pennanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such tenn shall include any structure which meets all the requirements ofthis subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC 5401 et seq. MOBIT...E HOME: (See also definition of Manufactured Home.) A transportable, factory- built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. MODULAR BUILDING: Any building or building component, other than a manufactured home, which is constructed according to standards contained in the Uniform Building Code, as adopted by the City, or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. NEIGHBORHOOD PARK: A combination playground and park, designed primarily for nonsupervised, nonorganized recreation activities. They are generally small in size (about 5 acres), and typically serve residents within a half-mile radius. At average residential densities, this amounts to a service area population of about three thousand (3,000) to five thousand (5,000) residents. Since these parks are located within walking and bicycling distance of most users, the activities they support often become a daily pastime for neighborhood children. NONRESIDENTIAL DEVELOP:MENT: Any development project not providing for residential dwelling units. OWNER: The person holding legal title to the real property, including the local, State or Federal government or any subdivision thereof PARK AND F AClLITlES: All park lands and facilities as described in the Comprehensive Plan including neighborhood, community, linear and regional parks as well as special use and open space areas together with the park system improvements necessary to support the recreation needs ofthepopulation served and to be served as identified in the Plan. . Impact Fee Ordinance - Amended Page 70f28 PARK PLANNING AREA: A statistical area of the official City of Meridian Area of City Impact area. Community park facilities in Meridian are deemed to serve the entire community and impact fees for such facilities shall be charged equally within the boundaries of the Meridian area of City impact, including the City of Meridian. PRESENT VALUE: The total current monetary value of past, present, or future payments, contributions or dedications of goods, services, materials construction or money. PROJECT: A particular development on an identifiable parcel of land. PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users ofthe project. PROPORTIONATE SHARE: That portion of the cost of system improvements determined pursuant to Idaho Code section 67-8207~, which reasonably relates to the service demands and needs of the project. PUBLIC FACILITIES: Shall include: A. Wastewater collection, treatment and disposal facilities; B. Storm water collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; C. Landscaping associated with roads, streets and bridges and rights of way associated therewith; D. Parks, open space and recreation areas, and related capital improvements; and E. Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities. PUBLIC FACILITIES PLANNING AREA: A designated area identified in the Comprehensive Plan and capital facilities plan for which public facilities needs have been determined based upon assumptions made in accordance with generally accepted planning and engineering standards. SERVICE AREA Any defined geographic area identified by the City in the Comprehensive Plan or by intergovernmental agreement between the City and another governmental entity, in which specific facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both. SERVICE UNIT: A standardized measure of consumption, use, generation, discharge or need attributable to an individual unit of development calculated in accordance with Impact Fee Ordinance - Amended Page 80f28 generally accepted municipal, engineering or planning standards for a particular category of capital improvements. SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of system or service improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in Idaho Code section 50-1702(h), to provide additional public facilities or services needed to serve new growth and development. For clarification, system improvement costs do not include: A. Construction, acquisition or expansion of public facilities or services other than capital improvements identified in the capital improvements plan; B. Repair, operation or maintenance of existing or new capital improvements; C. Upgrading, updating, expanding or replacing existing capital improvements in order to meet stricter safety, efficiency, environmental or regulatory standards; D. Upgrading, updating, expanding or replacing existing capital improvements solely for the purpose of providing better service to existing development; E. Administrative and operating costs ofthe City unless such costs are attributable to development of the capital improvements plan, as provided in Idaho Code section 67- 8208; or F. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the City to finance capital improvements identified in the capital improvements plan. SYSTEM IMPROVEMENTS: In contrast to project improvements, mean capital improvements to public facilities which are designed to provide service to a service area including, without limitation, the type of improvements described in Idaho Code section 50-1703. UNIT(S) OF DEVELOPMENT: A quantifiable increment of development activity dimensioned in terms of dwelling units, or other appropriate measurements contained in the impact fee schedule. (Ord. 723, 3-1-1996) 10-7-4: GENERAL PROVISIONS: All development is deemed to create an impact and therefore an increased demand for public services. AB such, the cost of new public facilities should be borne by new users to the extent new use requires new facilities. Ther~fore, any application for a building permit enabling the construction on or after ~he effective date hereof or any amendment hereto which provides for impact fees for any additional allowed category of public facilities, adopted by the City Council pursuant to the provisions of Idaho Code section Impact Fee Ordinance - Amended Page 90f28 67-8206, shall be subject to the imposition of impact fees in the manner and amount set forth in this Chapter as it is adopted initially or as it is amended as provided for in subsection 10-7- I D of this Chapter. A Building Permits Previously Granted Or Pending: 1. Complete applications for building permits received by the Public Works Department prior to the effective date oftrus Chapter or amendments hereto adopting impact fees or amending or adopting any methodology by which impact fees are calculated, will be exempt from that portion of this Chapter or amendment enacted after the application, if a complete building permit is issued within one hundred twenty (120) days of the effcctive date oftrus Chapter or amendment. A "complete application" for a building permit shall be defined as including permitted plans signed and sealed by a State licensed engineer or architect showing all site work, zoning compliance, architectural, structural, electrical, and plumbing work. Applications for building permits filed prior to the effective date of this Chapter or amendment but which become null and void shall be subject to the provisions of this Chapter in the event of reapplication. In the event that an amendment to this Chapter involves a change in the amount of impact fees charged for a particular category of public facility or services, the a fee payer who submitted a complete application prior to amendment of the fee shall pay the lesser impact fee amount. In detennining whether this section applies, the date of application for any incomplete applications shall be the date the application is made complete. Amendments and supplements to an application to achieve completeness do not relate back to the original application date. 2. For building permits which expire or are revoked after the effective date hereof the fee payer shall be entitled to a refund of previously paid impact fees (see Section 10- 7 -7 ofthis Chapter) provided that in the case of a reapplication for permit, the impact fee in effect at that time shall be paid. B. Prior Fee Payment Required: All fee payments shall be made to the Fee Administrator prior to the issuance of a building permit unless otherwise agreed to in writing by the City and the developer; and no building shall commence nor shall a building permit be issued unless and until the applicant has satisfied the provisions of this Chapter. Violations of this provision shall be subject to the sanctions set forth in subsection 10- 7-5E of this Chapter. C. Duplicate Charges: This Chapter shall not be construed to subject any development to double payment of the same impact fees. D. Benefits Not Exclusive: A development impact fee shall not be deemed invalid because the intended improvement for which the fee was paid may result in an incidental benefit to owners or developers within a service area other than the persons paying the fee. . Impact Fee Ordinance - Amended Page 100f 28 E. Additional Requirements: Compliance with this Chapter shall not excuse the applicant from compliance with all other governmental development regulations. Building and! or use permits may be withheld until all such requirements are met. F. Anticipated Excessive Impact; Options: The Council recognizes that there may be circumstances where the anticipated fiscal impacts of a proposed development are of such magnitude that the City may be unable to accommodate the development without excessive or unscheduled public expenditures which exceed the amount of the anticipated impact fees from such development. If the Council determines that a proposed development activity would create such an extraordinary impact on the City's public facilities and services system, the Council may refuse to approve the proposed development activity and/or may recommend to the other affected government agencies that the project not be approved. In the alternative, the Council may calculate a pro rata share per service unit of the extraordinary impact and charge an impact fee greater than the fee indicated by use of the fee schedule. G. Individual Assessments: Individual project assessments of development impact fees may be made by application to the Fee Administrator who shall evaluate such individual project assessments under the guidelines provided for in subsection l..Q-L -l-3-G in the applicable individual project assessment provisions related to a particular impact fee ofthis Chapter. If the guidelines are met, the individual project assessment shall be recommended for approval by the Fee Administrator and forwarded to the City Council for approval within thirty (30) days of receiving such application. An adverse recommendation by the Fee Administrator may be appealed to the Council under subsection 10 7 13G3 of this e-hapter. Final determination regarding project assessments shall be made by the City Council. H. Periodic Review; Recommendations To Council: ill The Development Impact Fee Advisory Committee shall :peFiedically ro':ie>:: the contents of the adopted impact f<:e ordinance (this Chapter) and, '.vhen appropriate, make recommendations for re';isions to the City Council be composed of not fewer than five (5) members appointed by the City Council. Two (2) or more members shall be active in the business of development, building or real estate. (2) The Development Impact Fee Advisory Committee shall serve in an advisory capacity and is established to: ea) Assist the City in adopting land use assumptions: (b) Review the capital improvements plan. and proposed amendments. and file written comments: ( c) Monitor and evaluate implementation of the capital improvements plan; (d) File periodic reports. at least annually. with respect to the capital improvements plan and report to the City any perceived inequities in implementing the plan or imposing the development impact fees: and (e) Advise the governmental entity of the need to update or revise land use assumptions. capital improvements plan and development impact fees. The City Council shall consider the Development Impact Fee Advisory Committee's recommended revision(s) to this Chapter at least once every twelve (12) months. The Development Impact Fee Advisory Committee's recommendations and the City Council's acti-on are intended to ensure that the benefits to a fee paying development are equitable, in that the fee charged the development shall not Impact Fee Ordinance ~ Amended Page llof 28 exceed a proportionate share of the costs of system improvements, and the procedures for administering impact fees remain efficient. (Ord. 723, 3 1 1996) 10-7-5: DEVELOP:MENT IMPACT FEE; STANDARDS AND PROCEDURES: The development impact fee reflects the need for capital improvements to public facilities or services made necessary by new development. Any person requesting a building permit for development or who is otherwise subject to this Chapter, shall pay the impact fee equal to the sum of impact fees reflected in the impact fee schedules set forth in this Code and determined pursuant to the following: A. Fee Limitation: The development impact fee shall not exceed a "proportionate share" of the costs incurred or the costs that will be incurred by the City in the provision of t1system improvementsU to serve the new development. B. Proportionate Share: The "proportionate share" is the cost attributable to the new development after consideration by the City of the following factors: 1. Any appropriate credit, offset or contribution of money, dedication of land, or construction of system improvements; 2. Payments reasonably anticipated to be made by or as a result of the new development in the form of user fees;- and debt service payments, or taxes '.'{hich arc dcdicated for system improvements for which development impact fees ',Nould othervlise be imposed; 1c That portion of general tax and other revenues allocated by the iurisdiction to system improvements: and ~. All other available sources of funding such system improvements. C. Additional Factors: In determining the "proportionate share" of the cost of system improvements to be paid by the developer, the following additional factors shall be considered.;. and accounted for in calculation of impact fees. 1. The cost of existing system improvements within the service area or areas impacted by the new development; 2. The means by which existing system improvements have been financed; 3. The extent to which the new development will contribute to the cost of system improvements through taxation, assessments, or developer or landowner contributions; . or has previously contributed to the cost of system improvements through developer or landowner contributions directly related to the development to which impact fees will be assessed: . Impact Fee Ordinance - Amended Page 120f 28 4. The extent to which the new development is required to contribute to the cost of existing system improvements in the future; 5. The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas impacted by the new development; 6. Extraordinary costs, if any, incurred in serving the new development; 7. The time and price differential inherent in a fair comparison offees paid at different times; and 8. The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation as set forth more specifically in the Comprehensive Plan as required by Idaho Code section 67-8207(2)(h). D. Protection Against Increasing Fees: After payment of development impact fees to the Fee Administrator or the execution of an agreement for payment of development impact fees, additional impact fees or increases in fees may not be assessed unless the number of service units increases or the scope or schedule of the development changes. In the event of an increase in the number of service units or schedule of the development changes, the additional development impact fees to be imposed are limited to the amount attributable to the additional service units or change in scope of the development. E. Method Of Collection: To ensure collection of development impact fees, the Fee Administrator may use the following means and methods provided. however, that if the Fee Administrator. or the Development Impact Fee Advisory Committee discovers an error in the impact fee formula that results in assessment or payment of more than a proportionate share, the impact fee shall be adjusted at the time of assessment on a case by case basis to collect only a proportionate share or, the collection of any impact fee may be suspended until the error is formally corrected: 1. Additions to the fee for interest at the highest legally allowable rate as well as a penalty of five percent (5%) for each thirty (30) day period if the payment is more than thirty (30) days late under the terms ofthis Chapter or the agreement between the developer and the City; 2. Withholding the building permit or other approval until the impact fee is paid; 3. Withholding utility services until the impact fee is paid; and 4. Imposition of liens for failure to timely pay the impact fee following the procedures set forth in Idaho Code title 45, chapter 5. (Ord. 723, 3-1-1996) Impact Fee Ordinance - Amended Page Bof 28 10-7-6: DETERMINATION OF DEVELOPMENT IMPACT FEES: Prior to issuance of a building permit for development, the applicant or owner ';:ill be required to pay monetary fees in accordance '.vith this Section. Unless otherwise agreed in writing by the developer and the City. all development impact fees shall be paid no earlier than the commencement of construction of the development or the issuance of a building permit or a manufactured home installation permit. It is intended that this requirement extend to any owner or builder, including the State of Idaho, the United States of America and any other governmental or quasi-governmental entity where allowed by law. A. General Fonnula: The development impact fee per service unit may not exceed the amount determined by dividing the costs of the capital improvements described in the capital improvements plan and as required by Idaho Code section 67-8208(2)(f), by the total number of projected service units as described in the Comprehensive Plan and as required by Idaho Code section 67-8208(2)(g). If the number of new service units projected over a reasonable period of time is less than the total number of service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee per service unit shall be calculated by dividing the costs of the part of the capital improvements necessitated by and attributable to the projected new service units described in Idaho Code section 67-8208(2)(g) by the total projected new service units described in that section. B:- Alternate Methodology: 1. Criteria: .An alternati-;e methodology may be used; provided, that it can be demonstrated that such altemati'iC methodology accurately calculates the proportionate share of the impact of the proposed de':elopmem on. the capacity of system improvements in terms of generally accepted municipal, engineering and planning principles. 2. Right To Question :Method: Challenges to the methodology adopted by any impact fee ordinance appro'led by the City Council may be brought by any interested individual'.vithin sixty (60) days of the adoption or modification of such impact fee methodology by .filing formal protest with the City Clerk '::ho shall set the matter for hearing before the City Council within thirty (30) days of receiving such protest. The protesting party shall be specific in identifYing objections to the methodology. The City Council shall render a '."ritton decision '.vithin fifteen (15) days of too closure of the hearing on the protest. The decision of the City Council shall be final. GB. Permit Fee Increased~ No Refund: In the case of development activity involving a change Dfuse and/or magnitude of use in which a building permit is required, the applicant shall be required to pay the computed impact fee for any proposed development activity for which the impact fee has not been previously paid. When any building permit expires or is revoked after the effective date hereof and a fee has not previously been paid under this Chapter, the applicant shall be required to comply Impact Fee Ordinance - Amended Page 140f28 with the provisions herein. No refunds will be given for proposed development activity resulting in a negative fee calculation. . OC. Exemption To Fee: No impact fee payment shall be required for any development activity when the total calculated fee is less than five dollars ($5.00); ED. Fee Administrator Determination: If the type of dwelling unit within a proposed or current development is not specified in the impact fee schedule, the Fee Administrator shall use the dwelling unit most nearly comparable in computing the fee. This determination shall be made at the discretion ofthe Fee Administrator, with appeal to the City Council if the applicant disagrees with the Fee Administrator's determination. Fg. Criteria For Determination: In determining existing development activity and the units of proposed or existing development, the Fee Administrator shall use the building permit or zoning certificate of use information contained in the building or zoning records ofthe City. GE. Manufactured Homes; Possible Exemption: A development impact fee will be assessed for installation of a modular building, manufactured home or mobile home unless the fee payer can demonstrate by documentation such as utility bills and tax records either: 1. That a modular building, manufactured home or mobile home was legally in place on the lot or space prior to the effective date hereof; or 2. That a development impact fee has been paid previously for the installation of a modular building, manufactured home or mobile home on that same lot or space. (Ord. 723, 3-1-1996) 10-7-7: REFUND OF IMPACT FEES PAID: A. Qualification: The fee payer or current owner shall be entitled to a refund of the impact fee if 1) a building permit encompassing fee paying development expires or is revoked is denied or abandoned. or 2) if the public facility or service for which the fee was paid is available but never provided, or 3) the City, after collecting the fee when the public facility for which the fee was paid is not available, has failed to appropriate and expend the collected development impact fees within ten (10) five (5) years on a first in, fIrst-out (FIFO) basis unless the City has identified. in writing, a reasonable cause for holding the fees longer than five (5) years. but in no event may the fees be held longer than eight (8) years~ or in determining whether this section applies. the date of application for any incomplete applications shall be the date the application is made complete. Amendment~ and supplements to an application to achieve completeness do not relate back tothe original application date. the fee payer pays a fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate Impact Fee Ordinance - Amended Page ISof 28 share., except that the City shall retain the general administrative or specified administrati~le cilarge portion ofthe fce to cover the cost of the administration of the impact fee calculation, collection and refund. However, no refund shall be provided for the cost of completed improvements contributed in lieu of fee unless otherwise provided for in a development agreement. B. Refund Made With Interest; Requested: Any impact fee trust funds refunded shall be returned to the fee payer or current owner by the Fee Administrator with accrued interest at one-half (1/2) the legal rate as provided for in Idaho Code section 28-22- 104 from the date on which the fee was originally paid. The fee payer or current owner shall be required to submit a written request for refund to the Fee Administrator before issuance of the refund can be authorized. No refunds of development impact fees will be provided for in the event the fee payer or current owner does not request such a refund prior to the expiration of one year following the ten (10) five (5) year period from the date the development impact fee was paid. C. Prompt Reimbursement: Refunds shall be sent to,t-he fee payer, or person entitled to such refund, within ninety (90) days of their appro~ial by the City after determination by the City that a refund is due. D. Council Approval For Expenditures: Funds shall be deemed expended for purposes of this Chapter when payment of said funds has been approved by the City. (Ord. 723, 3- 1-1996) 10-7-8: EXEMPTIONS: A Criteria Enumerated: The following shall be exempted from payment of development impact fees: 1. Rebuilding the same amount of floor space of a structure which was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2) years ofthe fIre or other catastrophe; 2. Remodeling or repairing a structure which does not increase the number of service units; 3. Replacing a residential unit, including a manufactured home, with another residential unit on the same lot; provided, that the number of service units does not Increase; 4. Placing a temporary construction trailer or office on a lot; 5. Constructing an addition on a residential structure which does not increase the number of service units; Impact Fee Ordinance - Amended Page 160f 28 6. Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouses, unless. it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements; and 7. Development projects which are commercial, industrial or office projects, or portions of projects that involve commercial, industrial or office uses or building permits. B. Claimed At Time Of Application: An exemption must be claimed by the fee payer upon application for a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. All requests shall be submitted to and determined by the Fee Administrator. Appeals of the Fee Administrator's determination shall be made under the provisions of Section 10-7-16 of this Chapter. (Ord. 723, 3-1-1996) 10-7-9: CREDITS: A. Based On Present Value: In the calculation of impact fees for a particular project, credit shall only be given for the present value of any construction of system improvements or contribution or dedication of land or an interest in land or money required by the City from a developer for system improvements. Credit shall not be given for project improvements. B. Taxes and User Fees: In the calculation of development impact fees for a particular project, credit shall be given for the present value of all tax and user fee revenue generated by the developer within the service area where the impact fee is being assessed and used by the City for system improvements of the category for which the development impact fee is being collected. If the amount ofthe credit exceeds the proportionate share for the particular proiect, the developer shall receive a credit on future impact fees for the amount in excess ofthe proportionate share. The credit may be applied by the developer as an offset against future impact fees only in the service area where the credit was generated. BC. Duplication Of Fees: A developer who is required to construct, fund or contribute system improvements in excess of the impact fees which w-ould othcnvise have been paid by tlle dC"iclopmcnt project development proiect's proportionate share of system improvements costs, shall at the developer's choice, receive a credit against future impact fees or be reimbursed for such excess construction, funding or contribution from analogous impact fees paid by future development located in the service area which is benefitted by such improvements. GD. Disposition Of Excess Funds: If credit or reimbursement is due to the developer pursuant to this Section, the City and the developer shall enter into a written agreement, negotiated in good faitl\ prior to the construction funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement. Impact Fee Ordinance - Amended Page 17of28 BE. Documentation; Determination; Appeal: Any person requesting such credit or reimbursement shall present documentation of costs or payments for facilities to be considered by the Fee Administrator for use in determining the amount of credit or reimbursement to be given. The determination shall be made no more than thirty (30) days after complete documentation is submitted to the Fee Administrator. Any appeal from such a decision by the Fee Administrator will be reviewed by the City Council pursuant to the procedures set forth in Section 10-7-16 of this Chapter. (Ord. 723,3- 1-1996) 10-7-10: SUITABILITY OF LAND OFFERED FOR DEDICATION: In the event that a developer intends to contribute or dedicate an interest in land in lieu of paying impact fees or a portion thereot: the following procedures and criteria shall be applied: A Qualifying Land: The Fee Administrator, with the advice of the appropriate department head and the City Attorney, will detennine whether the land proposed for dedication is acceptable. He will be guided by the following consideration: 1. Size: The size of the parcel is expressed as a net amount and is exclusive of street right of way, existing and proposed easements, borrow pits, lakes and other manmade or natural conditions which restrict or impede the intended use of such areas. 2. Unity: The land to be dedicated shall form a single parcel of land except where aforesaid review determines that two (2) or more parcels would be in the best public interest. 3. Shape: The configuration of the parcel ofland is such as to be usable for public facilities purposes as determined by the City. 4. Location: The land to be dedicated is so located as to serve the needs of the development, by being within the service area and/or public facilities service zone. 5. Access: Appropriate access to the land to be dedicated is provided by improved public street frontage. 6. Utility: Dedicated land should be usable for public facilities purposes and meet the following criteria prior to its final acceptance by the City Council: a. The property is platted and ready to be developed so that no funds would be required to be expended for site development. b. All utilities are in place and are at the perimeter of the site and include roads, walks, curbs, water lines, sewer lines, . electric seIVice lines, and telephone service lines. Impact Fee Ordinance - Amended Page 180f 28 c. All utilities are of sufficient quality and quantity to adequately service the site. d. The property is filled and compacted to comply with all appropriate subdivision codes, building and zoning codes, and flood insurance laws and regulations. The fill and compaction are of sufficient quality to accept the improvements contemplated. 7. Plans; City, regional and State plans shall be taken into consideration when evaluating land proposals for dedication. 8. Site Characteristics: The Fee Administrator shall determine, based on specific review of each application, whether the proposed site contains the requisite site characteristics consistent with public facilities criteria. This determination shall be in writing and shall specify the reasons the site was approved or denied credit for inclusion in the land dedication requirement. The Fee Administrator1s determination shall be made within thirty (30) days from the date of receipt ofthe request and shall be forwarded to the Council for action. The Council may affirm, reject or revise the determination of the Fee Administrator providing and must provide written findings of fact and conclusions of law. B. Appeals Process: Appeals of the Fee Administrator's determination of land suitability shall be made to the City Council by the filing of an appeal with the City Clerk no later than ten (10) days following the date of the decision of the Fee Administrator. (Ord. 723, 3-1-1996) 10-7-11: IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS: A. Fund Established: All impact fees will be deposited in a designated "trust fund II. Interest-bearing trust accounts shall be established and maintained by the City, said trust accounts shall correspond to the area contained in the corporate boundary as the same is adopted and amended from time to time by action of the City Council. The City shall maintain accounting records for each category of system improvements within each service area for which impact fees are collected. All interest earned on any impact fee fund shall accrue to that fund and shall be subiect to all restrictions placed upon the use of impact fees pursuant to this code. B. Areas To Correspond: Public facilities planning area (service area) shall correspond to the corporate boundary and the Area of City Impact identified in the Comprehensive Plan, and the same area adopted as part of capital improvements plan approved by the City Council, indicating the designated planning areas for the public facilities needed, including, but not limited to, those associated with parks and recreation. C. Costs Of Administration Separated: All im.pact fees collected by the Fee Administrator will be promptly deposited into the proper trust account, excepting general administrative charges that portion of fees attributable to development of a capital improvement plan as provided in I.C. 67-8208 which will be directed to the Impact Fee Ordinance - Amended Page 190f 28 appropriate department to underwrite the cost of administering this Chapter. (Ord. 723,3-1-1996) 10-7-12: IMPACT FEE EXPENDITURES: A. Limited Use: Except as otherwise provided herein, funds from the impact fee trust funds, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of real property, capital facilities, or for principal and interest payments (including sinking fund payments) on bonds or other borrowed revenues used to acquire, expand or improve such facilities or services necessitated by the impact of new development within the community. . B. First In, First Out: Trust account funds shall be deemed expended in the order in which they are collected. C. Fair Distribution Of Funds: In the event that the level of service standards for public facilities have been met within a particular area of the community, the City Council may authorize the Mayor or his designee, following a public hearing, to expend the funds in another area of the community for system improvements of the same category, in a fair and reasonable proportion to the fees charged. Said authorization shall only be permitted upon a finding that the expenditure will fairly and proportionately mitigate the impacts of and will fairly and proportionately benefit the development paying the fees in question. D. Allowable Adjustments To Expenditures: In the event compliance with the level of service standard for public facilities meets or exceeds the projected population estimates adopted in the Comprehensive Plan through the year 2015, the City Council may authorize the Mayor or his designee, following a public hearing, to expend the additional impact fees collected from the development in excess of original projections, for system improvements within the community from which the fees were collected. Said authorization shall be permitted upon a finding that the expenditure will mitigate the impacts of and will benefit the development paying the fees in question in a fair and proportionate manner. E. Annual Financial Report: A financial report on the impact fee trust funds shall be provided annually by the Fee Administrator to the Mayor and Council:-. describing the amount of all development impact fees collected. appropriated. or spent during the preceding fiscal year. setting out the category of public facility and service area and describing the percentage of tax and other revenues (other than impact fees) collected. appropriated. or spent for system improvements during the preceding year by category of public facility and service area. F. Protest Process: Any interested citizen may challenge the expenditure of any impact fee funds within one year of said expendjture by filing a written protest with the City Clerk. The City Clerk shall set the matter for hearing before the City Council within thirty (30) days of the filing of such protest. The protesting party shall specifically Impact Fee Ordinance - Amended Page 200f 28 identify the impact fee expenditure and the basis of the protest. The City Council shall render a decision regarding the protest within thirty (30) days after the close of the hearing on the matter. (Ord. 723,3-1-1996) 10-7-13: PARK AND RECREATION IMPACT FEES: A Incorporation Of Standards: This Section addresses the development impact fees collected for park and recreation service improvements. The Comprehensive Pla~ including the Capital Improvement Plan developed pursuant to I.C. 67.8208 and incorporated into the Comprehensive Plan. as adopted by the City Council together with the land use, acquisition and construction cost and service unit assumptions upon which said Plan is based are hereby incorporated into this Section by reference. (Ord. 723,3-1-1996) B. Incorporation Of Maps: The maps contained within the Comprehensive Plan are hereby incorporated into this Section by reference. Copies of said maps may be obtained at the office of the City Clerk or viewed'and obtained at the administrative office of Meridian Planning And Zoning Department. (Ord. 723,3.1-1996; amd. 1999 Code) C. Park Impact Fee; Purpose And Implementation: All residential development is deemed to create an impact and therefore an increased demand for park and recreation services. As such the cost for new public park facilities should be borne by new users of park and recreation facilities to the extent new use requires new facilities. Therefore, any application for a building permit enabling the construction on or after the effective date hereof, shall be subject to the imposition of park and recreation impact fees in the manner and amount set forth in this Section. D. Payment Of Park Impact Fee: Prior to receiving a building permit or commencing construction of any building for which park impact fees are to be paid pursuant to this Chapter, whichever first occurs, the applicant therefore, must demonstrate that the appropriate impact fee has been paid to the Fee Administrator. The Fee Administrator and/or the Public Works Department Director shall have the authority to withhold a building permit or stop construction, as the case may be, until the appropriate impact fee has been collected. E. Methodology: The methodology adopted for the purpose of detennining park and recreation impact fees shall be based upon the assumptions set forth in the Comprehensive Plan that new neighborhood and community park facilities are needed in Meridian to serve growth. Said assumptions, based upon the lIexisting and future facilities approach", set the existing standard for park needs as set forth in the following table: Park Description Existing Standard NeiQ:hhorhood ~ .45 Acll.000 situation of one 5 1 2 acres Impact Fee Ordinance - Amended Page 210f28 parks population based upon the existing Community parks t€-7 2.5 Ac/1,OOO population based upon the existing situation Parkland Acquisition One acre (developable) Parkland Improvements Develop one acre Total service cost per acre neighborhood park per 18,000 36.000 population-. ofnvo (2) 15 90.16 acres of community parks per 18,000 36.000 population. Existing Cost (October 1, -l-994 ~) $25,000.00 Existing Cost (October 1, -l-994 2002) $70,000.00 $95,000.00 Cost Per Person Calculations: $95,000.00 (existing value of one acre of developed parkland) times ~ .45 (existing neighborhood park standard) divided by 1,000 population = $26.60 42.75 ($95,000.00 x ~ .45 -7 1,000 = $26.60 112.75) $95,000.00 (existing value of one acre of developed parkland) times t€-7 2.5 (existing community park standard) divided by 1,000 population = $158.65237.50 ($95,000.00 x t€-7 2.5 -71,000 = $158.65237.50) Additionally the Comprehensive Plan and demographic data provided by the Ada Planning ~A..ssociation during preparation of the Comprehensive Plan Official 2000 Census assumes the following average numbers of people per dwelling unit: Single-family residential U 2.93 persons per dwelling unit Multi-family residential ~ 2.67 persons per dwelling unit F. Development Impact Fee Schedule For Meridian Parks: Pursuant to the assumptions in the Meridian Comprehensive Plan and demographic data provided by .\da Planning }..ssociation Community Planning Association of Southwest Idaho, development impact fees for parks before adiustment for general fund ceontributiol1eB:5fF1.fetien, are set forth in the following table: Impact Fee Ordinance - Amended Page 220f 28 Impact Fee Single-Family Multi-Family Park Description $/Person $/Residence $lResidence Neighborhood $~42.75 $ 69:-M 125.26 $~ 114.14 parks Community parks 158.65237.50 412. 49 695.88 317.30 634.13 Total $185.25280.25 $481. 65 821.14 $370.50 748.27 (Example: ~ 42.75 x ~ 2.93 persons per average single-family dwelling unit = $69-:-l-e 125.26) G. Adjusted Development Impact Fee: Based on a general fund expenditure for park acquisition and development equal to twenty-two percent (22%) of tot a! acquisition and development expenditures, the impact fees after adjustment are set forth in the following table: Impact Fee Single-Family Multi-Family Park Description $/Person $/Residence $/Residence Neighborhood $ 33.35 $ 97.70 $ 89.03 parks Community parks 185.25 542.79 494.62 Surcharge 30.00 30.00 Total $ 218.60 $ 670.49 $ 613.65 GR. Individual Project Assessment: An individual project assessment of park impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence established through verified studies, data.. and other relevant information submitted by the developer that the established impact fee is inappropriate. 1. Written application for individual project assessment shall be made to the Fee Administrator at any time prior to receiving building permits or other necessary approvals. Late applications for an individual project assessment of park impact fees may be considered for a period of sixty (60) days after the receipt of the building permit only if the fee payer makes a showing that the facts supporting such application were not known or discoverable prior to receipt of the building permit and that undue hardship would result if said application is not considered. 2. The Fee Administrator shall render a 'Yfitten decision regarding the individual project assessment of park impact fees within thirty (30) days of the date a complete application for individual proiect assessment is submitted. The decision shall address the evidence submitted by the developer. and include an explanation of the Impact Fee Ordinance - Amended Page 23of28 calculation of the impact fee and other relevant factors. The decision of the Fee Administrator shall establish the park impact fee for the project in question for a period of one year fr-om the date said decision becomes final so long as there is no material change to the proiect as identified in the individual assessment application. The decision of the Fee Administrator shall be forwarded to the Council for action. The Council may accept, reject or revise the Fee Administrator's decision regarding individual project assessment and shall provide written findings offact and conclusions of law. 3. Appeals of the Fee Administrator's determination of individual project assessment shall be made to the City Council by the filing of an appeal with the City Clerk no later than ten (10) days following the date of the decision of the Fee Administrator, HI. Certification: Certification of the park impact fee schedule for a particular project may be applied for in the following manner: 1. Written application may be made to the Fee Administrator not later than sixty (60) days after preliminary plat approval by the City CounciL Late applications for certification of the park impact fee schedule will not be considered unless the fee payer makes a showing that the facts supporting such application were not known or discoverable until after the time had run and that undue hardship would result if said application is not considered. 2. The Fee Administrator shall provide the applicant. upon request;, with a written park impact fee schedule for the particular project within thirty (30) days of the date of application. The certified schedule provided by the Fee Administrator shall be based upon the Comprehensive Plan. shall include an explanation of the calculation of the impact fee. including an explanation offactors considered under I.C. 67-8207. shall identify the system improvement(s) for which the impact fee is intended to be used. and shall establish the park impact fee for the project in question for a period of one year from the date of certifioation so long as there is no material change to the project as identified in the individual assessment application. 3. The certification of the park impact fee sohedule may be appealed to the City Council as provided in Section 10-7-16 of this Chapter. (Ord. 723, 3- 10-7-14: ADMINISTRATIVE COSTS: The City shall add a ten percent (10%) administrative clHtrge to the impact fees to administer this Chapter. The tea percent (10%) administrative fee ~;..m be added to the subtotal of all applioable impact fees required by this Chapter. COrd. 723, 3 1 1996) Surcharge for Preparation of Capital Improvements Plan. Pursuant to I. C. 67-8208(1). Tthere is hereby imposed a surcharge. in addition to each development impact fee. in the amount of $30.00 per residential unit. This ~ufcharge is based upon the following calculations: Impact Fee Ordinance - Amended Page 240f 28 Proportionate Costs of Capital Improvement Plan = $21,000.00 per year. Average Annual Residential Building Permits = $700-:00- per year. Surcharge = $21,000.00 + $700-:00- = $30.00. 10-7-15: SUMMARY OF IMPACT FEES: Description Cost $/Person Single-Family $/Residence Multi-Family $/Residence Park $ 218.60 $ 670.49 $ 613.65 Grand Total $ 218.60 $ 670.49 $ 613.65 (Ord. 723, 3-1-1996) 10-7-16~: APPEALS OF ADMINISTRATIVE DECISIONS: Except as otherwise provided in this Chapter, the decisions of the Fee Administrator may be appealed by the fee payer to the City CounciL Decisions of the City Council shall be finaL A. Appeal Process: ITa fee payer wishes to appeal, the fee payer shall flIst file with the City Clerk, a notice of administrative appeal on the form provided by the Fee Administrator. All appeals shall be filed within thirty (30) days after the earlier of: 1) issuance ofa written decision by the Fee Administrator; or 2) the Fee Administrator's acceptance of payment of the development impact fee. When filing an appeal, the fee payer shall submit a letter providing a full explanation of the request, the reason for the appeal, as well as all supporting documentation. A fee payer may pay a development impact fee under protest in order to obtain a development approval or building permit and shall not be estopped from exercising the right of appeal provided herein, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. B. If agreed upon by the fee payer and the City. mediation by a qualified independent person may be used to attempt to resolve a dispute regarding impact fees for a proposed development. Mediation may occur at any stage ofthe appeal process. During mediation, all time periods ate tolled pending the outcome of the mediation. Costs of the mediation.. unless otherwise agreed, shall be shared equally by the fee payer and the City. Be. Council Decision; Notification: The City Clerk shall schedule the appeal before the City Council as soon as practical. The City Council may affirm, reject or revise the decision of the Fee Administrator, providing written findings offact and conclusions Impact Fee Ordinance - Amended Page 250f28 oflaw. The written decision of the City Council shall be mailed to the fee payer, certified mail, return receipt requested. GD. Judicial Review Available: A party aggrieved by the decision ofthe City Council may, within twenty eight (28) days of the City Council's decision, seek judicial review by filing a petition in the District Court in the manner provided by Idaho Code title 67, chapter 52. (Ord. 723, 3-1-1996) 10-7-1~: VESTED RIGHTS: Nothing in this Chapter shall limit or modify the rights of any person to complete any construction for which a lawful building permit was issued prior to the effective date hereof and on which there has been a good faith reliance and a substantial change of position. (Ord. 723, 3 1 19 10-7-181: OTHER POWERS AND RIGHI:S NOT AFFECTED: A Reasonable Requirements: Nothing in this Chapter shall prevent the City from requiring a developer to construct reasonable project improvements in conjunction with a development project. B. Adjustments To Requirements: Nothing in this Chapter shall be Construed to prevent or prohibit private agreements between property owners or developers and the City in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer including inter-project transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one development project. C. Approval Rests With City: Nothing in this Chapter shall obligate the City to approve development which results in extraordinary impact. D. Minimum Standards Maintained: Nothing in this Chapter shall obligate the City to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels as established herein. E. Orderly Development: Nothing in this Chapter shall be construed to create any additional right to develop real property or diminish the power of the City in regulating the orderly development of real property within the service area. F. City Rights Protected: Nothing in this Chapter shall work to limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. (Ord. 723, 3-1-1996) Impact Fee Ordinance - Amended Page 260f 28 SECTION 2: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5: SA VINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 6: DATE OF EFFECT: This ordinance shall be in full force effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCil- OF THE CITY OF MERIDIAN, IDAHO, this _ day of , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. Mayor Robert D. Corrie Attest: City Clerk An Ordinance of the City of Meridian By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of. the Rule as allowed pursuant to Idaho Code 50-902: YES NO Impact Fee Ordinance - Amended Page 270f28 Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 15360M\Ordinances City Hall'O.002 ORD\Park Impact Fee Ord 12 02 02.doc Impact Fee Ordinance - Amended Page 280f 28 Impact Fee Commission Meetine- June 04, 2003 RECEIVED SEP 3 0 2003 City Of Meridian City Clerk Office Parks and Recreation Director Doug Strong opened the meeting and informed all present that the meeting would be taped. Present at the meeting is: Reta Cunningham representing City of Meridian Finance Department, Brad Hawkins-Clark representing City of Meridian Planning & Zoning Department, Jim Keller, Gene Strate, Bill Nichols representing City of Meridian Attorney, Elroy Huff representing City of Meridian Parks Department and Doug Strong City of Meridian Parks and Recreation Director. . DISCUSSION I INFORMATIONAL ITEMS OVERVIEW OF IMPACT FEES AT THIS POINT Doug Strong stated that the memo you received there are seven items here that essentially address what we would like to deal with'today. As much as possible it would be prudent for everyone's time to accomplish this in an hour if we can. I would like to review this list and what we would like to end up with as far as being about to finalize our Action Plan, and figures we can put into the Action Plan is the bottom line. There are some issues that have been brought up related to the fee that is charged, whether it is thirty dollars, ten dollars or twenty dollars we need to have a discussion and decision on that. Question that was asked (unknown by whom), is this fee in addition to the impact fee? Response was given by Bill Nichols, that was the surcharge from a historical background that the existing ordinance has a ten percent administrative fee which Mr. Estes and Mr. Eaton challenged basically. We did take a look at it and they were correct, there was not a basis in the state statute to charge the ten percent administrative fee so that has not been collected since it was changed. (Two gentleman just arrived at the meeting, unknown who they are) The one thing that is allowed under the statute is a surcharge for the expenses in the capital improvement plan, which forms the basis for impact fees. Former Director Kuntz had estimated I believe twenty thousand dollars annually would be available for updating the capital improvement plan and those different things. That is where the thirty dollars comes from which is based on an estimated seven hundred building permits per year, which equals twenty one thousand dollars. There is a specific surcharge allowed for expenses associated with the capital improvement plan. What was challenged by Ada County Association of Realtors and building contractors was they thought it was tied to the impact fee administration not the capital improvement plan. There are two things; first it was an administrative fee that was not authorized in the state statue. Second, there was just a ten peJ;cent amount, an arbitrary amount that was not tied to the totaL - From the standpoint of what it cost to administer the park impact fee ordinance and to collect these and make the disbursement. It was not authorized by statute so we quit Impact Fee Committee Minutes June 04, 2003 collecting it. So the issue was what other name can we collect from the acquisition of development and the answer was for the surcharge for the capital improvement plan. Thanks Bill that clarifies it. (Stated by Doug Strong) Doug Strong stated that with the pleasure of the group we need to decide how we want to address these issues and use our time the most effectively. Doug Strong referred to the memo sent to the Impact Fee Committee members in regards to the seven issues to be looked at during the meeting, which are; item one is essentially an outcome we would like. Accurate figures for the cities proportionate share. Item two is essentially the same thing, we are looking for accurate numbers and there is an update hopefully you had a chance to review which is an accurate accounting of the acreage that we have. Elroy stated that he met with Reta Cunningham in accounting and worked over some things and they are in fact accurate. So that number two issue you have a comparison of impact fee numbers from last year with acreage numbers from last year compared to acreage number that we now have. Some of the numbers have the new acreage in it that shows you what they are and then we've had some adjustment of the original acreages. It is not just a ballpark, they are not rounded numbers but accurate. ACCURATE PARK NUMBERS AND PATHWAYS There was an error in Storey Park and I have changed it to 15.0 acres, which was .stated at 20.0 acres earlier. There is stil15.0 acres of undeveloped land, which you will see is also on the list. Doug stated the park acreage you see there is up to date including the new acreage we have purchased since last summer. Since we are all in agreement that should take care of item number two as far as providing accurate acreages. There was a discussion on the pathways in regards to being a part of the impact fee calculation and it was decided that something needs to be put in the document we have included the acreages for pathways but they are not a part of the impact fee calculation. (Someone entered the room late for the meeting - unknown who he is) Bill Nichols stated that we need to have that statement say; we have not included pathways either in inventory or in the assessment and those will be taken care of through the general fund. Then as an expressed statement, state that those things are considered differently then neighborhood parks, inaudible. The committee agreed that would work. IMPROVEMENTS PAID BY DEVELOPER Item number three there is a comment made on page twelve in regards to improvements paid by the developer must be accounted for and calculated into the impact fee. Bill Nichols commented that this comes directly out the calculation from last year and the intent of that is; if the developer puts in the park at his cost and was not paid for that, we then don't count the cost of the development of that park as part of the calculation. Jim Keller stated that the impact fee does not cover the cost of the park it usually covers the cost of the land and maybe a few little amenities. The impact fee trades to date has not covered the cost of the park. Doug stated that this then correct on page 12 of the ordinance. Impact Fee Committee Minutes June 04, 2003 2 ADMINISTRATIVE FEE In regards to the administrative fee item number four, Reta Cunningham stated that the reason the finance department was concerned, is that they have not historically spent twenty thousand a year. Jim Keller stated that if we leave it at ten dollars like suggested, next time we look at this we might want to see what it will cost to keep the ClP up and up it at that time. Unknown who is talking the statement was made that we need to look at this and just determine what it is going to cost to administer. No determination was met in the discussion. FINALIZED NUMBERS In regards to item number five, finalized numbers, Doug Strong stated that we will forward everything we talked about today to Bill Nichols to be put into a final document and get it on the City Council agenda as soon as space is available on the agenda. Jim Keller made a motion to adopt the impact fees that have been presented plus add an additional ten dollars fOl' administration fees. All were in favor of that and the motion was passed. Meeting was adjourned at an unknown time. (TAPE ON FILE OF THESE PROCEEDINGS.) Impact Fee Committee Minutes June 04, 2003 3 To: From.: Date: Re: Impact Fee Committee Doug Strong, Parks and Recreation Director September 24, 2003 Impact Fee Notes and Orclinance RE(JEIVEIl SEP 3 0 2003 City Of Meridian City Clerk Office Here is the revised draft of the impact fee ordinance from Bill Nichols. I am also seueling some other material along. The draft shows the old impact fee numbers and the new impact fee numbers from August 2002. In the other hard copy document from the finance department it will show all three sets of figures. The committee will need to look over these figures and decide which set should be used in the ordinance. There will be an Impact Fee Committee Meeting, June 04, 2003 in the Mayor's Conference Room, Meridian City Hall at 11:OOam.. Please call the office at 888-3579 if you are unable to attend the m'~eting. Here are a few things that need to be looked at. 1. Accurate figures of the cities proportionate share. 2. Accurate numbers on the existing acreage and new undeveloped acreage. Please compare the old numbers from last summer, to the new updated acreage numbers. The pages are in the packet. 3. Improvements paid by the developer must be accounted for and calculated into the Impact fee. See page 12 of the ordinance. 4. Administrative fee: The $30.00 fee per permit is in the calculation from last summer. The $646.99 fee and the $586.78 fee do not have the administrative fee in it. The finance department thought that the $30.00 fee might be too much and that a $10.00 or $20.00 fee might be more reasonable. That dollar amount has to be set by the committee. 5. Once the committee finalizes the numbers the ordinance can be sent to Bill Nichols to be put into a final document. 6. I would like to put the final numbers into the Action plan as soon as possible. 7. The impact fees will still have tobe presented to council in a public hearing for their ratification. Current Impact Fee Calculation Information Inventory of Parks: A. Developed Community: Neighborhood: Storey Park Tully Park Bear Creek Park Settlers Park Total 8th Street Chateau Park Total TOTAL DEVELOPED B. Undeveloped Community: Neighborhood: Settler's Park McDermott Road Lochsa Falls Storey Park Total Kiwanis Park Autumn Faire Parkstone Park Total TOTAL UNDEVELOPED 15.0 acres 18.7 acres 18.8 acres 26.8 acres 79.3 acres 4.6 acres 6.7 acres 11.3 acres 90.6 ACRES 31. 4 acres 29.0 acres 30.1 acres 5.0 acres 95.5 acres 9.3 acres 6.9 acres 6.0 acres 22.2 acres 117.6 ACRES TOTAL DEVELOPED & UNDEVELOPED 208.3 ACRES May 2003 - Parks and Recreation Department Page 1 of 1 City of Meridian Impact Fee Calculations: Neighborhood Parks .45 Acres! 1,000 populations based on 12 acres of existing developed neighborhood parks and 4.21 equivalent developed acres for a total of 16.21 acres divided by 36 ;;;; .45 acres - Acres per 1,000 based on Pop. 36,000 (Equivalent developed acres formula: $ 25,000/acre acquisition divided by $ 95,OOO/acre develop and acquisition;;;; 26.32% credit allowed for park land currently owned - Kiwanis park-9 and Autumn Faire-7 = 16A@ 26.32;;;; 4.21.equivalent developed acres) Community Parks 2.5 Acres/I,OOO population based on 82 acres of existing developed community parks (Storey-20, Tully-18, BearCreek-19, Settlers phase I -25 acres) and 8.16 equivalent developed acres (Settlers - 31 acres times 26.32 ;;;; 8.1592) for a total of90.16 acres divided by 36;;;; 2.504 - Acres per 1,000 based on pop. 36,000 Acquisition Costs Per Acre = $25,000 Develop Per Acre Cost = $70.000 Total Service Cost Per Acre = $95,000 Cost per person calculations: $95,000 times .45 acres existing neighborhood park standard divided by 1000 Pop. = $ 42.75 $95,000 times 2.5 acres existing community park standard divided by 1000 Pop. = $237.50 Single Family Residential Multi-Family Residential 2.93 persons per dwelling unit 2.67 persons per dwelling unit Neighborhood park Impact fee per person - $42.75 @ 2.93;;;; $125.26 Sing. Community park Impact fee per person - $237.50 @ 2.93 = $695.88 Single Total Impact Fee for Single Family Residence = $821.14 Neighborhood park Impact fee per person - $42.75 @ 2.67;;;; $114.14 Multi. Community park Impact fee per person - $237.50 @ 2.67 = $634.13 Multi. Total Impact Fee for Multi-Family Residence = $748.27 ~ecoDlnlendation: Single Family Residence $ 821.14 Minus 22% General City funds;;;; $640.49 + $30 (surcharge);; 670.49 Multi-Family Residence $748.27 Minus 22% General funds = $583.66 + $30 (surcharge) = $613.66 Surcharge 700 Building permits per year x $30 ;;;; $21,000.00 file://C:\Documents%20and%20Settings\Administrator\My%20Documents\Impact%20Fee... 9/24/2003 VOf~U/~UUJ UJ:J~ FAX 2083773553 B C A !4I02 BUILDING CONTRAQORSASSOClATION OF SOUTHWESTERN IDAHO. INC 6206 N. DisCovery way. Suite A Boise. Idaho 83113 (208) 377-3S50 (20B) 3n.3553 fax r1iR\NAHs ~--- .,-- "A Tradition of Bundlng Excellence Since 1956N June 20~ 2003 Doug Strong Meridian Parks and Recreation Director 11 W Bower Street Meridian, ill 83642 Sent via email and fu to: 898.5501 Dear Doug, This letter is to congratulate you and the City of Meridian on the recent draft. of the Meridian City Park: Impact Fee Ordinance and Comprehensive Plan. As you know, the Building Contractors Association of Southwestern Idaho (BCASWl) has been significantly involved in the proposal by the City of Meridian to increase impact fees for parks for the past two years. The latest draft ordinance, and the process used to arrive at the draft, reflect a high quality of communication and discourse between the city and the building and development community , We are hopeful this same quality of discourse will mark all future discussions regarding this issue. In addition, BCASWI commends Meridian for following an adoption process reflective of the statutory requirements relating to impact fee programs. BCASWI supports adoption of the proposed ordinance and looks forward to working with you in the fu1me. Sincerely, ~ Burt Smith, President BCASWI Cc: Mayor Bob Corrie City of Meridian Park Impact Committee Keith Borup - Builder Phil Krichbaum - JUB Engineers Gene Strate - Ada County Association of Realtors Jim Keller - Meridian Parks & Recreation Commission David Fulkerson - Accountant Dan Wood - Developer Brad Hawkins-Clark - City of Meridian Planning & Zoning Department, Administrator John Eaton - Building Contractors Association of Southwestern Idaho, Inc. Elroy Huff - City of Meridian Parks & Recreation Department, Park Superintendent [mpact Fee Administrator: [)ong Strong - City of Meridian Parks & Recreation Department, Director \"dvisory: un Nichol - City of Meridian Attorney .tacy Kilchenmann - City of Meridian F~nance Director !v.u;::s:sctg~ t"age 1 01 1 Will Berg From: Bill Nichols [wfn@WI-IITEPETERSON.com] Sent: Friday, October03,200311:11 AM To: 'Doug Strong'; Will Berg Subject: Park Impact Fee ordinance - Precouncil agenda for October Gentlemen Just a reminder that in order to adopt the revised impact fee ordinance, the hearing and notice requirements of Ie 67-8206(5) which refers back to 67-8206(3), must be complied with. 10/3/2003 .luauv ~UltUttJ:s Idaho Statutes .C"l1gtJ .1 Vol '" TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8206. PROCEDURE FOR THE IMPOSITION OF DEVELOPMENT IMPACT FEES. (1) A development impact fee shall be imposed by a governmental entity in compliance with the provisions set forth in this section. (2) A capital improvements plan shall be developed in coordination with the development impact fee advisory committee utilizing the land use assumptions most recently adopted by the appropriate land use planning agency or agencies. (3) At least one (I) public hearing shall be held to consider adoption, amendment, or repeal of a capital improvements plan. Two (2) notices, at least one (1) week apart, of the time, place and purpose of the hearing shall be published not less than fifteen (15) nor more than thirty (30) days before the scheduled date of the hearing, in a newspaper of general circulation within the jurisdiction of the gover~ental entity. A second notice of the hearing on adoption of the capital improvements plan, containing the same information, shall be published in the same manner at least seven (7) days before the scheduled date of the hearing. Such notices shall also include a statement that the governmental entity shall make available to the public, upon request, the following: proposed land use assumptions, a copy of the proposed capital improvements plan or amendments thereto, and a statement that any member of the public affected by the capital improvements plan or amendments shall have the right to appear at the public hearing and present evidence regarding the proposed capital improvements plan or amendments. The governmental entity shall send notice of the intent to hold a public hearing by mail to any person who has requested in writing notification of the hearing date at least fifteen (15) days prior to the hearing date, provided that the governmental entity may require that any person making such request renew the request for notification, not more frequently than once each year, in accordance with a schedule determined by the governmental entity, in order to continue receiving such notices. (4) If the governmental entity makes a material change in the capital improvements plan or amendment, further notice and hearing may be provided before the governmental entity adopts the revision if the governmental entity makes a finding that further notice and hearing are required in the public interest. (5) Following adoption of the initial capital improvements plan, a governmental entity shall conduct a public hearing to consider adoption of an ordinance authorizing the imposition of development impact fees or any amendment thereof. Notice of the hearing shall be provided in the same manner as set forth in subsection (3) of this section for adoption of a capital improvements plan. (6) Nothing contained in this section shall be construed to alter the procedures for adoption of an ordinance by the governmental entity. Provided, however, a development impact fee ordinance shall not be adopted as an emergency measure and shall not take effect earlier than thirty (30) days subsequent to adoption. The Idaho Code is made available on the Internet by the Idaho Leg;Lslature as a publio service_ This Internet version of the Idaho Code may not be used for coumeroial pw:poses, nor may this dabJ::>ase be published or repackaged t!or aatIIMIIrcial sale without: express written pm:m.itilsion. http://www3.statejd.us/cgi -bin/newidst?sctid=670820006.K 10/3/2003 .LU(:IJ1U .;) UUUlC::; .r a,~C; .. V.I. .. Search the Idaho Statutes Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, Ie. ~ 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi -bin/newidst?sctid=670820006.K 10/3/2003 MAYOR Robert D. Corrie ;/ ..ir~:~ ~~_;~f1 olfe;;dl;~''':'~~ " CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird IDAHO ~. " " V II ~/J QnH:E . 'i 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-55DJ PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211' 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, October 7,2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Continued from September 23, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision) - Revitalization Area Marketing Strategy Discussion - Discussion of Design Standards in Downtown Core - Presentation of New Park Impact Fees - Doug Strong The public is welcome to attend the meeting. DATED this 3rd day of October, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642' (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 7,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd )( ~ Cherie ~candless )( Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: ajJJn'1?V<e-' ar tV~d- 3. Consent Agenda: A. Tabled from September 23, 2003: Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: -{z?.6e<.- f-p /0,,-/+-&3 B. Approve minutes of September 9, 2003 City Council Regular Meeting: ~~ C. Approve minutes of September 16, 2003 City Council Regular Meeting: OjJJOrPv..e D. Approve minutes of September 16,2003 Pre-Council Meeting: o/!?Tt?v..e..- E. Findings of Fact and Conclusions of Law for Approval: VAC 03-004 Request for Vacation of a dedicated fifteen-foot right-of- way on West 4th Street for Meridian Head Start by Friends of Children and Families, Inc. -- 333 West Broadway Avenue: t&(flrt7V'JL- F. Findings of Fact and Conclusions of law for Approval: CUP 03-030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-Q zone for Coffee Kiosk by Donn Reiswig - east of South Eagle Road and south of East Franklin Road: ~V.R-- G. Findings of Fact and Conclusions of Law for Approval: CUP 03-035 Request for a Conditional Use Permit for a martial arts I self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of So.uth Linder Road and West Franklin Road: ap; pn:' V.e.- Meridian City Council Agenda - October 7,2003 Page 1 of 4 Alll1lll.terials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Approve I Award Bid for Bear Creek Park Restrooms Haemker General Contracting Company: af?Jn:wlIL- I. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Locust Grove Chevron, 1950 East Fairview Avenue: ~ovut...- J. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Eaale Road Chevron, 3100 East Magic View Drive: ~V"'..1L- K. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Meridian Chevron, 180 East Central Valley Drive: apjJ'rPv.e.. L. ACHD Warranty Deed for Locust Grove Fire Station: OfJffPL/'<- M. Storm Water Drainaae Easement for Locust Grove Fire Station: apfJItYV..R- N. Right of Way Traffic Sianal Easement for Locust Grove Fire Station: ~~ V'..€.- O. Joint Effort Aareement with Ada County Hiahwav District for Franklin Road Rebuild Project (Including Installation of Water and Sewer Facilities): wpj>Y'OV./L.- P. Agreement for Professional Services with Brown & Caldwell - Wastewater Pretreatment Local Limits: t7-pprov..-e- Q. Water Main Easement for St. Luke's Helipad and Crew Quarters: ~~ R. Water Main Easement for RC Willev Carpet Warehouse: ap-pvol/'..JL S. Extended Warranty Agreement with Schindler Elevator for Meridian Police Department: app-rv;vJL T. Award of Contract - 2004 Locust Grove Sewer and Water: ~ j01P1/-'.e- U. Approve Contract for Well No. 25 Inspection Services and Hydraulic Testing Possible: V. Approve Bills: ti.p jh'Y7 v.e- 4. Department Reports Meridian City Council Agenda - October 7, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Public Works Department: 1. Discussion of Request by Christian Familv Matters for Water Service -1345 West Overland Road: ar~ve//l.eft<.bF-61 2. Discussion of Non-Development Agreement for Lochsa Falls Subdivision No.4, 5, and 6: Jf:!f .a. fJUU;c.. It/Ul..-u1r:; fur- #tJVl !i ~ B. Planning and Zoning Department: 1. Discussion of Request to Appeal Ada County Street Name Committee Decision to Mandate Continuation of Wingate Lane for Champion Park Subdivision: tt~fI..e.- 5. (Items Moved from Consent Agenda) 6. Ordinance No. () 3 -- If!} 4-6 Zone Ordinance: CL/;ll~V"~ Parks. Allevs and School 7. Tabled from September 16, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: -W/;e.{ l-cJ tJdC7~ 21!"f1 f..-PC13 hJ-j 8. FP 03-052 Request for Final Plat approval of 12 building lots and 9 other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - South Stoddard Road and West Victory Road: fr6f.( /17 ;<Ii/Y1ehv'~b~ 2003 ft-l'r 9. FP 03-053 Request for Final Plat approval of 16 building lots and 2 other lots on 10.284 acres in an R-4 zone for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: ~V"-<- 10. FP 03-054 Request for Final Plat approval of 9 building lots and 3 other lots on 3.11 acres in a C-G zone for Baltic Place Subdivision No.1 by LC Development, Inc. - 1095 East Franklin Road: ~V1R- 11. FP 03-055 Request for Final Plat approval of 16 building lots and 3 other lots on 10.17 acres in C-N and R-40 zones for Devon Park II by Fairview Lakes, LLC - 824 East Fairview Avenue: ~~ 12. Public Hearing: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar Sprinas No.3 by Howell Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Roadj" c / f J);- /".'__ __ p aj-h:/r-r-e.-!j rv jO /te.p?v1.-e v r r 'r C .-l tvr ~V-~ Meridian City Council Agenda - October 7,2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting_ 13. 14. 15. 16. Public Hearing CUP 03-038 Request for a Conditional Use Permit for a tri-plex in an R-15 zone for Trov Palmer Tri-Plex by Troy Palmer - 1236 East 2 % Street: .. , vtf"~ -/0 IrnRp~ fir: t elf fOr- 0P~Vtt.-L Public Hearing CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-O zone for Meadow Lake Village Medical Office by Hummel Architects, P.A. - east of North Eagle Road and south of East Franklin Road: _. tL-ff-t; rtt e<j /0 ;>-rep tlAA- Ii f- f C (--f /p,.. ~ v-cd:..- Public Hearing: AZ 03-017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: a-thrl1-t.-1 b fJrep~ .flf i el..( ..ffr- U/?;9Y&v~ Public Hearing: PP 03-022 Request for Preliminary Plat approval of 14 building lots and 3 other lots on 6.00 acres in a proposed R-4 zone for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: A/t:Hn--MJ ~ fJ'eptvL< -II? f cl,e J.;nr ?~jH'f.JVC~ Meridian City Council Agenda - October 7, 2003 Page 4 of 4 All materials presented at public meetings shall become property ofllie City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. October 24, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 28, 2003 ITEM NO. c?-A REQUEST Approve minutes of October 7,2003 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER; CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~() li..u Contacted; Emailed: Date: Staff Initials: Phone; Materials presented at public meetings shail become property of the CIty ot Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 7,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Tabled from September 23,2003: Resolution No. Approving t he Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: Table to October 14,2003 B. Approve minutes of September 9, 2003 City Council Regular Meeting: Approve C. Approve minutes of September 16, 2003 City Council Regular Meeting: Approve D. Approve minutes of September 16, 2003 Pre-Council Meeting: Approve E. Findings of Fact and Conclusions of Law for Approval: VAC 03-004 Request for Vacation of a dedicated fifteen-foot right-of- way on West 4th Street for Meridian Head Start by Friends of Children and Families, Inc. -- 333 West Broadway Avenue: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 03-030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig - east of South Eagle Road and south of East Franklin Road: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 03-035 Request for a Conditional Use Permit for a martial arts / Meridian City Council Agcnda - October 7,2003 Page I of 4 AlIl1laterials presented at public mcetings shall become property of the City ofMcridbn. Anyone desiring accommodation for disabilities rclated to documents and/or hearing plcasc contact thc City Clcrk's Oftice at 888-4433 at lcast 48 hours prior to the public meeting. self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: Approve H. Approve I Award Bid for Bear Creek Park Restrooms Haemker General Contracting Company: Approve I. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Locust Grove Chevron, 1950 East Fairview Avenue: Approve J. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Eaqle Road Chevron, 3100 East Magic View Drive: Approve K. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Meridian Chevron, 180 East Central Valley Drive: Approve L. ACHD Warranty Deed for Locust Grove Fire Station: Approve M. Storm Water Drainaqe Easement for Locust Grove Fire Station: Approve N. Right 0 f W ay Traffic S iqnal Easement for Locust Grove Fire Station: Approve O. Joint Effort Aqreement with Ada County Hiqhwav District for Franklin Road Rebuild Project (Including Installation of Water and Sewer Facilities): Approve P. Agreement for Professional Services with Brown & Caldwell - Wastewater Pretreatment Local Limits: Approve Q. Water Main Easement for Sf. Luke's Helipad and Crew Quarters: Approve R. Water Main Easement for RC Willev Carpet Warehouse: Approve S. Extended Warranty Agreement with Schindler Elevator for Meridian Police Department: Approve T. Award of Contract - 2004 Locust Grove Sewer and Water: Approve Meridian City Council Agenda - October 7, 2003 Pagc 2 of 4 All materials presented at public meetings shall become property or the City of Meridian. Anyone desiring accommodation for disabilities related to documcnts and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. u. Approve Contract for Well No. 25 Inspection Services and Hydraulic Testing Possible: Approve v. Approve Bills: Approve 4. Department Reports A. Public Works Department: 1. Discussion of Request by Christian Family Matters for Water Service - 1345 West Overland Road: Approve Request 2. Discussion of Non-Development Agreement for Lochsa Falls Subdivision No.4, 5, and 6: Set a Public Hearing for November 5,2003 B. Planning and Zoning Department: 1. Discussion of Request to Appeal Ada County Street Name Committee Decision to Mandate Continuation of Wingate Lane for Champion Park Subdivision: Approve 5. (Items Moved from Consent Agenda) 6. Ordinance No. 03-1046 Ordinance: Approve Parks, Alleys and School Zone 7. Tabled from September 16, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: Table to October 21,2003 meeting 8. FP 03-052 Request for Final Plat approval of 12 building lots and 9 other lots on 10,92 acres in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - South Stoddard Road and West Victory Road: Table to November 5, 2003 meeting 9. FP 03-053 Request for Final Plat approval of 16 building lots and 2 other lots on 10.284 acres in an R-4 zone for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: Approve Mendian City Council Agenda - October 7,2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian> Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Oflice at 888-4433 at least 48 hours prior to the public meeting. 10. FP 03-054 Request for Final Plat approval of 9 building lots and 3 other lots on 3.11 acres in a C-G zone for Baltic Place Subdivision No.1 by LC Development, Inc. - 1095 East Franklin Road: Approve 11. FP 03-055 Request for Final Plat approval of 16 building lots and 3 other lots on 10.17 acres in C-N and R-40 zones for Devon Park II by Fairview Lakes, LLC - 824 East Fairview Avenue: Approve 12. Public Hearing: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar Sprin~s No.3 by Howell Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing CUP 03-038 Request for a Conditional Use Permit for a tri-plex in an R-15 zone for Troy Palmer Tri-Plex by Troy Palmer - 1236 East 2 % Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-O zone for Meadow Lake Villa~e Medical Office by Hummel Architects, P.A. - east of North Eagle Road and south of East Franklin Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: AZ 03-017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: PP 03-022 Request for Preliminary Plat approval of 14 building lots and 3 other lots on 6.00 acres in a proposed R-4 zone for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - October 7,2003 Page 4 of 4 All materials presented at public meetings shall become property ofthc City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Omce at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meetinq October 7. 2003 The Regular Meeting of the Meridian City Council was called to order at 7:15 P.M., on Tuesday, October 7,2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cherie McCandless. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Kenny Bowers, Bill Musser, and Dean Willis. Item 1. Roll call Attendance: x X Tammy de Weerd X Cherie McCandless X o Robert Corrie Bill Nary Keith Bird De Weerd: Okay. I will go ahead and call the City Council Regular Meeting of October yth to order at 7:15. I'd like to welcome all of you here tonight and ask the City Clerk to call roll. Item 2. Adoption of the Agenda: De Weerd: Thank you. Okay Item Number 2, adoption of the agenda. There has been a couple of requests for Number 8, to continue that until November 5th, and on Item 7, that's also been requested to table -- we have two weeks -- would October 21st be okay? Powell: Yes. That's fine. De Weerd: And on the Consent Agenda to pull item A, that needs to be tabled until next week, are there any other changes? Okay. I would entertain a motion. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we adopt the revised agenda as stated. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. All those -- oh. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Meridian City Council Meeting October 7,2003 Page 2 of 44 Item 3. Consent Agenda: A. Tabled from September 23, 2003: Resolution No. Approving t he Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: B. Approve minutes of September 9, 2003 City Council Regular Meeting: C. Approve minutes of September 16, 2003 City Council Regular Meeting: D. Approve minutes of September 16,2003 Pre-Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: VAC 03-004 Request for Vacation of a dedicated fifteen-foot right-of- way on West 4th Street for Meridian Head Start by Friends of Children and Families, Inc. -- 333 West Broadway Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig - east of South Eagle Road and south of East Franklin Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 03-035 Request for a Conditional Use Permit for a martial arts / self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: H. Approve I Award Bid for Bear Creek Park Restrooms - Haemker General Contracting Company: I. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Locust Grove Chevron, 1950 East Fairview Avenue: J. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Ea~le Road Chevron, 3100 East Magic View Drive: K. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Meridian Chevron, 180 East Central Valley Drive: L. ACHD Warranty Deed for Locust Grove Fire Station: Meridian City Council Meeting October 7, 2003 Page 3 of 44 M. Storm Water Drainaqe Easement for Locust Grove Fire Station: N. Right 0 f W ay Traffic S iqnal Easement for Locust Grove Fire Station: o. Joint Effort Aqreement with Ada County Hiqhway District for Franklin Road Rebuild Project (Including Installation of Water and Sewer Facilities): P. Agreement for Professional Services with Brown & Caldwell - Wastewater Pretreatment Local Limits: Q. Water Main Easement for Sf. Luke's Helipad and Crew Quarters: R. Water Main Easement for RC Willey Carpet Warehouse: S. Extended Warranty Agreement with Schindler Elevator for Meridian Police Department: T. Award of Contract - 2004 Locust Grove Sewer and Water: U. Approve Contract for Well No. 25 Inspection Services and Hydraulic Testing Possible: v. Approve Bills: De Weerd: Okay. Item 3, the Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the exception of Item A being table to October 14, 2003 and for the President to sign and the Clerk to attest on all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the tabling of Item A and the Mayor -- or Council President to sign and Clerk attest. Mr. Clerk, will you call roll? Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting October 7,2003 Page 4 of 44 De Weerd: Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports A. Public Works Department: 1. Discussion of Request by Christian Family Matters for Water Service - 1345 West Overland Road: De Weerd: Okay. Under Item 4, Department Reports, Public Works. We will start with A-1. Watson: Thank you, Council President, Council Members. This request is from Christian Family Matters, located at 1345 West Overland Road. Right there. I think you can see it on the screen outlined. It's directly south, I believe, of the Bodily RV project. It's underway. They have an active Conditional Use Permit and Building Permit through Ada County for a building on this site that's underway. What they are wanting is to have the city provide water service mostly for fire protection, but, as I understand it, also for domestic use, but the primary reason for fire protection tot hat site. They will either continue their septic system -- the existing septic system or make other arrangements for sewage. We can't serve them by -- we can't serve them with sewer at this point. I believe you have a memo that I wrote, dated October 2nd that outlines this and also has four conditions tied to it. One is that they submit engineer plans for this water main extension, submit a signed waterline easement, and pay applicable review inspection and assessment fees prior to water main installation. The fourth one was that they submit an annexation and zoning application. In their letter from September 24th to Meridian City Council, it looks like they were agreeable to do that, as long as the annexation didn't affect their current, ongoing Conditional Use Permit through the county. I don't have any objections to this. Mr. Don Weber, who I have met with last week, representing this project, is in the audience. If you have any questions for him, we'd like him to explain a little bit more what they are trying to do. That's alii have. De Weerd: Okay. Mr. Weber, would you like to make any comments? Okay. Please step forward. State your name and address. Weber: My name is Don Weber and I live at 1525 South Callistoga Avenue in Meridian. De Weerd: Thank you. Weber: As Mr. Watson explained our request is to pursue the annexation in the City of Meridian. We did meet with you in May of 2002, prior to going before Ada County to get -- to obtain our Conditional Use Permit. At that time the question came up about annexation and at that time we felt like -- the Council felt like we n you didn't have appropriate services to consider that and I think now since the water line has come by, Meridian City Council Meeting October 7,2003 Page 5 of 44 it's now time to consider that, certainly from our standpoint, and we expressed in that last meeting in May of 2002, that we would actually invite that actual annex when that time came. We are in the middle of getting ready to erect a steel barn, an assembly hall, I should say, in the back of the property. We contracted to bring the water line -- draw a 10-inch water line across Overland Road and T in. At the time we did that, we -- we were unaware that we needed to actually be annexed into the city or have an agreement with the city in order to hook up ,to water service. I apologize that we came on board a little late on that. Once I found out about I began to call the city and talk to Will Berg and I came down and talked to him about what do we need to do at this point to make our request known. We are probably a few months out before our building is complete and once that's done, that's, for all practical purposes, that's all of our conditions of our Conditional Use Permit as far as to be signed off by Ada County. All of our landscaping, all of our parking lot bonding, all that has just recently been signed off within the last month. Once the building is complete and signed off, we'd certainly like to begin the process of annexation, but also with a view towards of completing that after that's all signed off and be annexed into the city. De Weerd: Council, any questions? You're agreeable to what staff is stating? Weber: Yes, ma'am. De Weerd: Okay. Okay. Well, thank you. Weber: Thank you. De Weerd: So, Brad, do you need a motion to procedure forward with this? Watson: Madam President, I believe so, just because this is providing -- technically, is providing water service to a property 0 utside the city I imits, at I east today it is. The ordinance allows for the Public Works director to grant service to four or less ERU's. I'm not sure that this -- what this would equate to, but it would be great if you did. De Weerd: Okay. Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would make a motion that we provide the water service -- we supply the water service as requested by the city engineer for Christian Family Matters on 1345 West Overland Road. Nary: Would that be pursuant to the October 2nd condition letter? Bird: Yes. As pursuant to the October 2, 2003, letter. Meridian City Council Meeting October 7,2003 Page 6 of 44 Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the request by Christian Family Matters with the conditions as stated in the memo of October 2nd, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT 2. Discussion of Non-Development Agreement for Lochsa Falls Subdivision No, 4, 5, and 6: De Weerd: Okay. Item Number 2 is discussion of Non-Development Agreement for Lochsa Falls Subdivision Nos. 4, 5, and 6 and I anticipate we start that off with you, Brad? Powell: One would think that, but -- De Weerd: Anna. Powell: I'm the new Public Works staff today. When we put this on the Public Works department report I had forgotten that Brad was not in attendance at a critical meeting, so I will make a very brief presentation. We did meet as -- with the City Attorney and with the Bruce Freckleton and I to discuss whether it was appropriate for them to come forward to ask you for the Non-Development Agreement and the City Attorney did determine that it was appropriate. We did want to voice that staff has serious concerns about this in the sense of fairness of this one developer versus all the developers we deal with. There are other options to this developer, rather than a Non-Development Agreement. He could bound for the property -- or for the improvements and still meet his time lines. There will be a note on the face of the plat that forever says that there was a Non-Development Agreement on this. We could put some termination clause on that, but that note will remain on the face of that plat and we anticipate that this will let loose a floodgate of requests Non-Development Agreements from other developers. It, basically, is in lieu of bonding for any improvements. We anticipate that we will see a lot of these. Given that, the applicant can make their presentation. We weren't prepared to make a presentation for them we just wanted to let you know our concerns. Bird: Madam President? De Weerd: Mr. Bird. Bird: Before the applicant makes his, I'd like the City Attorney to explain what is proper. Meridian City Council MeeUng October 7, 2003 Page 7 of 44 Nichols: Madam President, Members of the Council, there is nothing improper about a Non-Development Agreement. It is a mechanism that would allow a development to receive a plat and have that plat recorded, without having the necessary infrastructure in place. The problem with it is that you could have a situation where the infrastructure doesn't get done, as far as streets and those sorts of things go. At the same time, it does reflect that one of your desires as a governing body is to see development in the total picture, rather than piece-by-piece, so you have that competing aspect of it. The developer could come in and do a little piece by a little piece or they could come in with a large proposed plat and do that in phases. The developer in this case has received a commit from ACHD with regard to a Non-Development Agreement from them. There are also in this particular case I expect to hear from Mr. McColl or Mr. Martin that there were circumstances pertaining to groundwater monitoring and other things in the area, which limited the time period within which they could do some of the infrastructure installation. You will notice in the proposed Non-Development Agreement that there are blanks with regard to when the Non-Development Agreement expires and there is a deadline in there for completion of the improvements, which is one year after the expiration of the agreement. There are some time lines and that's one of the items that needs to be discussed with the applicant for this is what their time frame is for this. As far as the flood gates argument, I think you can recognize in this one that at least there were some issues, some factual issues pertaining to studies that had to be done before they could do their infrastructure, which would be different from a developer that did not have those kinds of issues in their proposed development. Bird: Madam President? De Weerd: So -- I'm sorry, Mr. Bird. Bird: Oh, I just -- Mr. Nichols, are we -- you know, I'm afraid we might be setting a precedence of this. I need just to explain that there is some studies and stuff they need to do before they can do the Development Agreement, but are we setting ourselves up to be flooded with the Non-Development Agreements and, you know, we used to not have Development Agreements. Then, we -- five or six years ago we decided to go with them and it's the best thing we have ever done as far as I'm concerned and it kind of controls development. Are we setting ourselves up for some falls? Nichols: Councilman Bird, Members of the Council, I'll defer to Anna's opinion on that. I'm not close enough to how many people they have knocking on their doors asking questions and they do. If -- if she feels that there could be applications from other developers for these, I would take that at face value and that there will be. I think the distinction, thol:lgh, when you look at a floodgate argument is the thing that staff could, then, say is what's the factual basis for requesting one of these and in this particular case I think the studies that they needed are now done. By the time they got them done, they had passed a window for the construction season, which put them behind, and I would expect them to be able to put on the record what those situations were. Secondly, you do have another governing body, the highway district board of commissioners, who examined these particular circumstances and agreed that a Non- Meridian City Council Meeting October 7,2003 Page 8 of 44 Development Agreement was appropriate, so it's not like they are coming in here and asking for something that hasn't at least been passed the highway district. There are some circumstances here that may be duplicated by every other developer that wants to put something off and not bond for it, but at this point I'm not seeing that, but that doesn't mean it's not true. De Weerd: Well, I guess these type of bonding requirements are required of all developers. I imagine the studies -- and I guess that's what I'd like the applicant or the requesting -- whoever is going to come up and request this, to answer is these tests every other development are asked to perform as well. I would like to know what's extraordinary about it. I know most things in Meridian and North Meridian, in particular, have high water table issues and have to go through these studies. This Non- Development type of agreement, is this just kind of like a Variance request to the bond? I mean maybe that's a simple way of looking at it, but is that, essentially, what it is? Do we ask everyone else to bond, even though they have special circumstances? Watson: Madam President, Council Members, when the plat comes to me every development -- if the improvements have not received final inspection approval, they are required to post surety if it's not completed. Those percentages can vary depending on the percent of completion, but unless they are final, there is something there. De Weerd: Have we had this kind of a request before? Watson: Madam President, not since I have been reviewing the plats, which is about two and a half years. De Weerd: And do you share Anna's same views that this could set us up for many more of these kind of requests? Watson: Madam President, Council Members, alii have is anecdotal evidence, I guess, once this was in the Statesman that Ada County Highway District had approved this, I received at least one rather animated voicemail message from a developer saying that they would be doing the same with all their projects. That's all I have, really, other than maybe, you know, just hallway conversation. De Weerd: Okay. Thank you. Does the applicant's representative want to come forward? If you will give your name and address. McColl: Brian McColl, 420 West Washington, Boise. De Weerd: Thank you. McColl: Madam President, Members of the Council, maybe a couple things. I heard that there were some procedural questions asked. This Non-Development Agreement is not to be a substitute for completing the project or a substitute for bonding. I tis, really, just more of asystematic method of a dvancing the Final Plat to recording on Meridian City Council Meeting October 7, 2003 Page 9 of 44 these three phases where we kind of got behind the eight ball, to protect the agencies -- ACHD, for example, has required that we record the Non-Development Agreement. That means that any potential buyer out there would know that this property cannot be developed until the non-development is released. Secondly, to put a note on the plat that it is subject to a Non-Development Agreement, that it cannot be developed or sold. Then, thirdly, because, as with a lot of developers who are trying to get things going as quickly as possible, to the extent that there are buyers or optionees out there, that we would notify them. We have gotten approval from ACHD as to the type of notification __ I have got the language, but it basically says this phase is subject to a Non- Development Agreement, it cannot be built, nor can lots be sold until the Non- Development Agreement is released. What does the developer get out of doing that when he can't really do anything? What he really gets is he gets the plat -- the Final Plat that has been approved for four, five, and six, but gets the final pushed along. Right now, it's at ACHD waiting for their Non-Development Agreement. As soon as that's done, it will come here and we would expect if the Non-Development Agreement was in place, that it would be signed, then, it would go down to the county. There are lots of protections. Now, do we have a special case? Mr. Nichols referred to the need to make some sort of record. I'd like to back up a little bit and just say that ACHD, actually, has a policy -- I mean they just don't say, okay, this one looks good, this one looks bad. Their policy, for what it's worth, is that if there are circumstances beyond the applicant's control, a Non-Development Agreement will be considered. It's not guaranteed and so in front of ACHD it was explained -- quit frankly, I wasn't the one who presented it and maybe Mr. Martin knows a little bit more. It was my understanding that when we did the groundwater testing for Phases 4, 5, and 6, because of unusually high water, it was either required or suggested as prudent that we do testing for an entire year. We had hoped to -- you know, Phases 1, 2, and 3, the plats are recorded, they are being built out, you know, homes are going up, we had hoped to be a lot further along in phases four, five, and six. Now that the testing is completed, we could go get our development loans, post the bonds, start construction, but it will be spread out over the worst time of the year to construct, it's tough to get asphalt I understand at a certain time, the bins close down, so we are just trying to facilitate this in going faster and we are saying that there were special circumstances and perhaps Mr. Martin can -- is that it? Did I understand it? Did I swear to tell the truth because I really don't know exactly _ - I don't know the details about that groundwater testing? Nary: You're off the hook, then. De Weerd: I didn't swear you in. McColl: And we, then, had met with Mr. Nichols and Public Works and Anna and so it was sort of my understanding that, of course, we would present it to the Council, but if __ there was legitimate circumstances in this case. If you have any questions, I will be glad to answer them. De Weerd: Well, I guess I do. You mentioned that it pushes the Final Plat along, but if they couldn't do anything, why is that of urgency, and what urgency is there for that. Meridian City Council Meeting October 7, 2003 Page 10 of44 McColl: And I'm about to make another representation that j don't know precisely, but this is the concept, as I understand it. jf we start construction on these phases in the spring, we will complete construction in a three to four month period. If we -- and we are not going to go get our financing until we are ready to start construction. If we are starting the plat process at the same time, because of some substantial delays at Ada County primarily, that process is going to take more like six months. I understand the delay at Ada County is maybe as much as eight weeks. They are not -- the Construction, then, gets done, but we got to wait for the plat to be recorded. If we can get the plat along the way during this fall and winter, start construction, you know, the very beginning of the year, they will -- either the plat will already be recorded, we will get out money, post the bonds, release the Non-Development Agreement, or it will be that much closer to being recorded. I don't know if that answers the -- De Weerd: Well, not really. I'm trying -- since we have never heard anything like this before, why don't you just wait? McColl: Okay. I think my answer to that is we could wait and if we did wait, given the institutional timelines involved, we would have Phases 4,5, and 6 ready to sell lots, start houses popping up, within two to three months of when we start construction early, early, early spring. The plat won't be -- won't have made its way through ACHD, through your offices, and through the county until two or three months later. I notice Mr. Bird nodding. Is that your understanding or-- Bird: Yes. McColl: Okay. De Weerd: Okay, and so -- McColl: But I can't really tell you exactly what the differential is, because I do not know. De Weerd: None of these lots in these phases have been optioned or anything like that, so none of that pre-work has been done, so no one will be put out? If I was a property owner, I wanted to build out there, and I thought I was going to be building out there this winter. Now I find out that it's going to be pushed back, that delays me and increases my costs, because I sold my house and I'm renting it, is this going to have any influence or any impact on a person's ability to get an option back or-- McColl: To the extent that we have -- excuse me. To the extent that we have builders who are looking for lots and we have builders who are looking for lots, this will -- this will get these phases ready for construction, i.e., Building Permits, all the faster. Bird: Madam President? Meridian City Council Meeting October 7,2003 Page 11 of44 De Weerd: Mr. Bird. Bird: Mr. McColl -- and Mr. Nichols can tell me if I'm wrong on this. As I understand it, Tammy, what they need to do to get this Non-Development Agreement -- because they need to go get the Final Plat going and get it going right now so that it's done and next spring when it's ready to start building, they can go ahead. The only thing they won't have done is some of the infrastructure, the streets and stuff, because they got to wait a full year or take these tests for a full year, as I understand it -- and I don't know when their year started or anything like that. As I understand it -- as I'm understanding this -- and I could be 100 percent wrong, but they need -- they need the Non-Development Agreement, so that they can get the plats going and so the plats and the building coincide, sot hey can get 0 ccupancy. People are not going to bed riving - - the first people in the subdivision aren't going to be driving on good roads or anything like that, because they are not going to be paved and stuff and that's what I understand. Is that right? McColl: Yes. That's basically it, but we will not start construction until we get the Non- Development Agreement removed and it will only be removed with your blessing and we will come in and apply to have it removed and I'm sure the requirements will be what the requirements always are, post the bond, and we will post the bond. We don't want to go borrow the money to post the bond today, knowing that we won't be starting construction until three or four months from now. It's just a way of keeping these things going at the same speed and we think we have got a legitimate factual reason to request the Non-Development Agreement in this case. Powell: Madam President, Members of the Council? De Weerd: Anna. Powell: In our discussions with Mr. Goldman it was as a follow up to your option question. He repeatedly stated that part of the reason that he was seeking the Non- Development Agreement was to get the Final Plat recorded, because that was a timeline established by his option, that the 0 ptions were centered around having the Final Plat recorded. Not necessarily the ability of those builders to buy the property at that time, but just that the plat be recorded. He did express that as part -- or, actually, a large part of the reason that he was seeking the Non-Development Agreement. De Weerd: So, does that mean -- what does that mean? McColl: It is confusing to what that means, because Anna is correct, we do have some options out there that actually trigger the closing to recordation. We now -- if the Non- Development Agreements are approved, it is our hope and certainly more than possible that the plat will get recorded long before -- not long before, but substantially before there will be Building Permits. We are -- if this -- if we get the Non-Development Agreements, we are going to communicate and negotiate whatever with each one of those option holders to permit them -- to relieve them of the requirement that they close Meridian City Council Meeting October 7, 2003 Page 12 of 44 upon recordation of the plat, to the extent that this is Form One, it requires closing within 10 days of our recordation notice, get the plat recorded, give them notice. They have days to go down there and close on the Jot. Now, we will not only tell them that they can't close, because we can't seJllots under the Non-Development Agreement, but they will be relieved of the requirement of closing until probably 10 days after building permits. De Weerd: Okay. Do they have money down on those options and if they are not good with that time frame, they get that money back? McColl: Yes and yes. It is money down, we don't get the plat -- some of them are past, some of them we had hoped to get this plat recorded by September and we had some options as early as September. De Weerd: But they can -- they can go elsewhere -- if they have someone they are building this house for that wants to build now, they can go elsewhere and get their money back? McColl: Yes. In almost all circumstances in this development of this range, there are groups of builders that are trying to get in, build spec houses, and, then, sell from the spec houses, I 1's very seldom in a subdivision like this w here you have Mr. Builder Smith who has got Homeowner Jones who absolutely wants to have Lot 6, Block 5, and is counting on it. There isn't -- there isn't anything like that going on. De Weerd: Well, being one of those that wanted a specific lot and had to wait, I know how that works, and so there might be. They can get out of it and go somewhere else, then, is what you're saying? McColl: Yes, ma'am. De Weerd: Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: You know, I have rarely sat up here and felt so ignorant as to what we are talking about as I do today. Because this really -- I guess what I think I heard you say, Mr. McColl, is by doing this N on-Development Agreement its ounded to mea s if we are going to basically buy your client about three or four months in this process. McColl: Exactly, but I don't know about the three or four months. Some period of-- Nary: Some period of time, but what I'm hearing from our staff is -- the concern that they have is that by granting this process that we haven't done previously, that we are going to basically have to be readdressing this issue a lot with other people, who may Meridian City Council Meeting October 7, 2003 Page 13 of 44 not be -- I mean I don't have any personal concerns with Mr. Martin or Mr. Goldsmith. I think that the quality of the project being built hasn't been a concern, so it's not them personally. It is that precedent that really scares me, because we don't have all the developers that build or work through at such standard as Mr. Goldsmith or Mr. Martin, so I guess I'm very concerned about setting that, when there is a process that exists. I recognize it's not financially attractive to want to bond, but that already exists and it gets the project accomplished and everyone else has to live with those same rules. I guess what concerns me is I'm not 100 percent certain today that if this opens a floodgate and what that's going to mean to us. I do know we already have a process that exists that seems to work adequately and I'm not sure that I have heard anything compelling to me why we need to do this instead but I feel pretty ignorant as to how some of this may impact your client or whether or not if we don't grant it what's going to happen. Well, I think what's going to happen is it's going to make a decision on whether or not to simply bond for it and move on and get it done like everybody else has to do. I guess I'm not totally convinced before we move off the dime that we already have, that what we have can't really work and that we need to do something more. Because I just am afraid we have had other issues on other circumstances with development -- and I think we are probably the most accommodating city to develop in around and we are pretty -- we are pretty good at trying to be very fair and accommodating to other needs, so this is one that just makes me very uncomfortable. I am afraid that we will have developments that don't get done, that won't happen, we will have concerns. I think that Mr. Watson raised about some of these Non-Development Agreements being things that just don't happen and we end up with, you know, unfinished -- unfinished developments out there and I don't know that that's better, but maybe I've misunderstood what could happen. McColl: I think on that score you have, but on the first score I'm sort of with you. Maybe I will address them in reverse order. Nary: Okay. McColl: I don't think the issuance of a Non-Development Agreement increases or decreases one iota a subdivision not getting done. I mean subdivisions don't get done because the markets fail and the developer doesn't get the construction loan or he defaults halfway through. We will still be going through all that process but getting back to your other point. I think, in all candor, if I were sitting on the other side, I would say that this issue has some merit and maybe needs to be addressed. Maybe there needs to be established a policy for -- for giving Non-Development Agreements. I would also hope that the policy, to the extent t hat it makes sense to have it similar to ACHD's, would -- would justify a Non-Development Agreement if the applicant says, look, we got -- we got really delayed because of things beyond our control, mother nature, and that you would act on ours tonight, because we taken the lead. If the Council wants a submission of, you know, maybe a policy or any language that you could put on your regular agenda for granting Non-Development Agreements, my office would help in that area. I mean I understand what you're saying and -- so just trying to be frank in that regard. Meridian City Council Meeting October 7,2003 Page 14 of 44 De Weerd: Any other questions? Bird: Madam President? De Weerd: Mr. Bird. Bird: As a statement, I'm like Councilman Nary, I have got real concern of what this is going to do for future ones. I understand where they are coming from. I don't know what the -- bonds are usually 1.5 or something like that, of the total bond. It would be a very large -- I understand why they need it. [would just like -- if staff has a real problem with it -- I understand that and our attorney feels that we are protected very well, but I'm afraid we are opening up a flood gate myself. I hate to say that, but I think that we are and they have got a legitimate reason, don't get me wrong, they have got a very legitimate reason. I'm sure there is ways that we can word -- like Mr. McColl just said, that there is ways we could word this stuff that it has to be a particular reason for anybody to ask for a Non-Development Agreement. I'm really torn right now which way to -- you know, I'm sitting on the fence which way to fall, because I understand where the developer is coming from. I also understand where staff is coming from, and I certainly don't want to see us every other week having these Non-Development Agreements in here before us and have to listen to a reason why we have to have it. I also understand if you're not going to be able to sell the lots for six, eight months, it's pretty tough to go put that cash out for the bond, because, you know, bonds don't give you credit, you take and go put the money up front I -- like I said, I'm sitting on -- the first time in my life I'm sitting on the fence without an opinion. De Weerd: I could comment on that, but I'll leave it alone. Bird: I always have an opinion. Not this time. De Weerd: I guess -- and I don't know what time frame you're working with, but I don't hear any compelling -- we lack a policy here and I don't hear any suggestions on criteria that a policy to be created that this would fit within. It's difficult to make a decision when you really have very little information to substantiate a decision at this point. Is that kind of the gist of this whole indecision right now? If we are to consider Non-Development Agreements and when and where they would be appropriate, for what reasons would they be appropriate, and would this fit within that criteria? We have Variances and when we look for Variances, we go through each one and see if that fits within those exceptions and so if we are looking at something that we don't have a policy in, it makes it easier to know if this were something we should consider, it should be for this and this and this. Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council Meeting October 7,2003 Page 15 of 44 Nary: I don't know if this helps this question any either, but I guess this is the staff report asking about the particular project's request. I guess I -- I guess I'd like to have a little bit more discussion from the staff's concerns. I mean they have raised a concern, but I don't know if we have any particulars and I guess I'd like to have this more in a hearing, rather than as a staff report, so that we have some opportunity -- there is other people that may impacted by this, both positively and negatively. I guess I'd like to hear that, like we do when we do, you know, amendments, you know, to an ordinance, we will have that as a Public Hearing instead. I recognize there is a time frame here, obviously, but there mayor may not be people out there in the community that would like an opportunity to say, you know, yea or naye of why that would work or proposing some language through the staff as to what would make this a very viable alternative to bonding up front and what limitations there may be to doing that. I don't think we are set up in the way it's on our agenda tonight to really get that type of information and I guess without that 0 rat I east the 0 pportun ity for t hat, I'm not really that comfortable i n just making a decision. Does that make sense? Bird: Madam President? De Weerd: Mr. Bird. Bird: I'd like to hear from the developer, if he has anything to say. We have heard from his representative. Maybe he could -- De Weerd: If you will state your name and address. Martin: Justin Martin, 5606 North Ten Mile Road. Really is a III could add that Mr. McColl didn't say would be that the reason we couldn't get a surety early on is because we didn't have construction plan approval from ACHD. The circumstances relating to the groundwater table kept us from getting a surety to construct, because -- I mean it's like high-risk insurance. I mean nobody wanted to bond a project that they weren't sure we could actually construct anyway and the chances were -- were who knows, based on testing, of that bond actually getting pulled and held. It was a little bit of a confusing situation there. We did do groundwater testing at Lochsa Falls in general early, like we usually do. In fact, we started that three years ago when we bought the first section and two years ago, maybe, for the latest sections that we bought. There was this one area of concern, four through six -- four through six that brought -- or raised concern for some reason and ACHD wanted to look into that further and so that's what brought us into the area of doing more test holes and also didn't allows us to get the surety. One of these phases is a 29 lot phase and that phase could potentially construct providing our contractors are all on time and doing well, you know, in a period of two and a half, maximum three months, providing everything goes smoothly, and at that point we would be sitting without -- without a -- without a recorded plat and we would be holding up our builders at that point. It's definitely not an issue of not wanting to build or anything like that. We did bring 0 n t he first three phases this year, which is 200 lots, we started construction this year and we have it all paved at this point and so that's definitely met the goal. It's really alii could add, besides our sureties come with our bank loan and the Meridian City Council Meeting October 7, 2003 Page 16 of 44 same thing with the bank loan, really couldn't go get a bank loan on a project when we had some sort of an issue with water. Again, we tried to test for that early on, it just didn't work out the way it usually does for us, the testing on the site worked out, we did a couple extra tests that brought up some concerns and it brought in this new realm of circumstances that we are going through now. I do like the idea of continuing the hearing or setting it up as a Public Hearing, so Mr. Goldsmith could speak. This is really his topic and he's really the one that's followed this along and pushed it through. He would have a lot better information than I would. De Weerd: What kind of time frame are you working on? Martin: You know I apologize. I don't know those issues either. Marty's been out for about a week. He came in the office yesterday for the first time in about a week and I haven't been able to speak to him since. I know he had something tonight and couldn't come because of that and j do apologize for not being totally up to speed like he would be. De Weerd: Well, if this was delayed two weeks for-- Bird: Well, we have got to publish it and stuff as a Public Hearing, so how long is that going to take, Will? De Weerd: Twenty-one days. Nary: Right. It would be 15 days, so we couldn't do it in two weeks, we would have to do it in three. Bird: We probably -- we would be sitting right at the last Tuesday of October or the first Wednesday of November. The 5th of November. De Weerd: October 28 -- Bird: Is that -- Martin: It is acceptable and the reason that j would say that's acceptable is that right now, because of the way that it's the third quarter, the bank is going to want to see our third quarter stuff we are working on that now. If it would have fallen that we could have got loans or construction loans, applied for construction loans with the bank a month and a half or two months ago, we would have been able to cruise through without a problem, but now we have to do new financial -- and it's possible we are several months out from actually securing those construction loans, that once we secure those would bring along a surety to the bonding amount. You know, it's possible -- we have had some of those processes take up to five months. Anyway, it was just an odd circumstance. Nobody wanted to move forward in any fashion on a project on four through six, phases four through six, that there was a potential problem on and so it caused us a lot of difficulty. Meridian City Council Meeting October 7, 2003 Page 17 of 44 De Weerd: So, if we -- if we posted this as a Public Hearing on 28th, that would work with you? Martin: Absolutely. De Weerd: Okay. Martin: Thank you. De Weerd: Thank you. Bird: Madam President, unless -- let's do that, let's get a motion. De Weerd: Okay. Nary: Do we need a motion or -- Nichols: Madam President, Members of the Council, I'd recommend you have a -- first of all, make sure with Mr. Clerk that you can -- you can have it on the 28th and we can get things published in time, because if we can't, then, it needs to be the first-- Bird: It needs to be November 5th, then? Nichols: So, it would need to be the first meeting in November. Okay. De Weerd: Okay. Nichols: And, then, a motion to notice this for a Public Hearing for that date. De Weerd: Okay. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we notice for Public Hearing the Non-Development Agreement for Lochsa Falls Subdivision Phases Number 4, 5, and 6, and set the date for the Public Hearing as November 5,2003. McCandless: Second. De Weerd: Okay. It's been moved and seconded to post this for a Public Hearing on November 5th. Mr. Clerk, roll call. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council Meeting October 7, 2003 Page 18 of44 De Weerd: Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT B. Planning and Zoning Department: 1. Discussion of Request to Appeal Ada County Street Name Committee Decision to Mandate Continuation of Wingate Lane for Champion Park Subdivision: De Weerd: Okay. Boy, we are on 4-B and it's -- we are just ripping through this. Okay. Planning and Zoning Department, discussion of request to appeal Ada County Street Name Committee decision to mandate continuation of Wingate Lane. Nary: Where is that? Bird: Anybody heard of Wingate? Powell: Madam President, Members of the Council, the -- Sheri Stiles contacted me -- and, actually, there is a letter from Engineering Solutions in your packet that is addressed to the City Council. It's basically -- the gist of the letter was one that was also sent to the street name committee that I worked with Sheri on developing. She contacted me, knowing that the street name committee was interested in preserving the name Wingate Lane, because their entrance is just north of the Wingate Lane where it exits onto -- that's Ustick right? Yes. Their entrances align directly with that lane. However, our code -- it encourages continuing that name when they are directly located across the street from one another, but it does give a lot of leeway in that if it's a -- if it's something that will never be a public road or meet public street standards, then, there is an option to not continue that name. We would hope to -- that you would find that it was not appropriate, because Wingate Lane is so substandard. j don't think we want people mistakenly going south on Wingate Lane in this instance. I did talk to the fire chief and he has no problem with having a new name on the north side of the street. They need a motion from you, so that they can go back to the street name committee and, then, the street name committee should approve a different name there, which will be Troxell Way. De Weerd: I think that's a wonderful alternative. Bird: Madam President? De Weerd: Mr. Bird. Bird: If she wants a motion, I will certainly -- I would recommend that the Meridian City Council pass a recommendation to -- Meridian City Council Meeting October 7, 2003 Page 190144 De Weerd: Would you recommend or just make a motion? Bird: Make a motion -- De Weerd: Okay. Bird: -- to not have Wingate Lane continue to the street name in the Champion Park Subdivision, that it goes -- changes to Troxell. Nary: Second. De Weerd: Okay. It's been moved and seconded to not continue the Wingate Lane name north of Ustick, to recommend the approval of North Troxell Way for Champion Park Subdivision. We will call roll on this. It looks contentious. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. We did not move anything -- Nary: Madam President? De Weerd: Yes. Nary: Before you leave department reports, as the liaison for the Police Department, I did want to make note today that anyone who knows me knows what I think of Channel 2. I was looking on their website today and I did note that it was the Krispy Kreme opening today and since the chief was here, I wanted to make note in the department reports that they reported that the Krispy Kreme opened in Meridian today without problems and said the preplanning by the Meridian Police Department prevented the traffic congestion. I thought that was a very nice compliment to our department and to the chief and I wanted to make sure that got noted before we moved on from the department reports. De Weerd: Well, congratulations, Chief. I'm sure it's not because they hung out there and ate donuts, but -- Musser: I would hope not, but we did have a number of them in the area. Item 5. (Items Moved from Consent Agenda) De Weerd: Thank you, Bill. Okay. Item 7 -- oops. Boy, I wanted to move along, didn't. I. Okay. We had no items moved from the Consent Agenda. Meridian City Council Meeting October 7, 2003 Page 20 of 44 Item 6. Ordinance No. Zone Ordinance: Parks, Alleys and School De Weerd: So, we will move to Item 6 and that ordinance is 03-1046, Parks, Alleys, and School Zone Ordinance. Mr. Clerk, will you read this ordinance by title only. Berg: Thank you, Madam President, Members of the Council. Ordinance Number 03- 1046, an ordinance amending Title 7, Chapter 1, Section 6, Meridian City Code, adding to said section subsection language defining alley and making the speed limit is alleys 15 miles per hour, to delete words and alleys in Subsection B of Section 6 and adding to Section 6, Pay, new section -- to the new Subsection C, which provides for conditional speed limit in a marked school zone, providing an infraction penalty of 100 dollars, excluding court costs and fees for speeding in a marked school zone, providing for conflict, validity, savings clause, and providing an effective date. > De Weerd: T hank you. You have heard this ordinance read by title only. Is there anyone in the audience who would like it read in full? Okay. Hearing none, Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we pass Ordinance 03-1046, the changing of the Parks, Alleys, and School Zone Ordinance, with suspension of rules and for the President to sign and the Clerk to attest. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1046. Mr. Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Tabled from September 16, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: De Weerd: Okay. Item 7 has been requested to table to October 21st. Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council Meeting October 7, 2003 Page 21 of 44 Nary: I'd move that we -- I guess table Item 7, the request for Final Plat approval for Birchstone Subdivision to our October 21,2003, meeting. Bird: Second. De Weerd: Okay. It's been moved and seconded to table Item 7 regarding Birchstone Subdivision to October 21st. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. FP 03-052 Request for Final Plat approval of 12 building lots and 9 other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - South Stoddard Road and West Victory Road: De Weerd: Item Number 8 is a request for Final Plat approval of 12 building lots and nine 0 ther lots 0 n 1 0.92 acres j n an R -8 z one for Bear Creek No.7. I t's a Iso been requested to table this to November 5th. McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I move that we move the Final Plat approval for 12 building lots and nine other lots for Bear Creek NO.7 to November 5th. Nary: Second. De Weerd: Okay. It's been moved and seconded to table Item Number 8, FP 03-052 to November 5, 2003. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. FP 03-053 Request for Final Plat approval of 16 building lots and 2 other lots on 10.284 acres in an R-4 zone for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: De Weerd: Item 9. Request Final Plat approval of 16 building lots and two other lots on 10.284 acres in an R-8 zone for Settler Cove Subdivision and we will start with staff comments. Powell: Madam President, Members of the Council, this is a 16 lot single-family residential subdivision. There are two other lots. The approximate size is 10.3 acres. There was a Variance granted for a block length, because the block -- there is a single block that wraps all around the subdivision. Staff is recommending approval of the project. F or reference point, this is located near t he new schools, between t he new Meridian City Council Meeting October 7, 2003 Page 22 of 44 charter school and t he new elementary school, so it is consistent with the approved Preliminary Plat and staff is recommending approval. De Weerd: Thank you. Is the applicant here tonight? Tealey: Madam Chairman, Members of the Commission, Council, my name is Pat Tealey, 2501 Bogus Basin Road, Boise, Idaho. We have read the staff comments and don't really have any comments on what they have put as conditions of approval. If there are any questions we can answer for you, we would be glad to answer them now. De Weerd: Thank you. Tealey: I think everything has been gone through in the preliminary phases. It's pretty standard. De Weerd: Okay. Any questions? Bird: I have none. De Weerd: Okay. Thank you. Okay. Any discussion? Okay. I would entertain a motion. Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval of FP 03-053, the request for Final Plat approval of 16 building lots and two other lots on 10.284 acres in an R-4 zone for Setter Cove Subdivision by MKH Development. East of North Locust Grove and north of East Ustick Road pursuant to all staff comments and comments of the developer's representative tonight and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-053. Mr. Clerk, roll call. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Thank you. MOTION CARRIED: THREE AYES, ONE ABSENT Meridian City Council Meeting October 7. 2003 Page 23 of 44 Item 10. FP 03-054 Request for Final Plat approval of 9 building lots and 3 other lots on 3.11 acres in a C-G zone for Baltic Place Subdivision No.1 by LC Development, Inc. - 1095 East Franklin Road: De Weerd: Item 10 is a request for Final Plat approval of nine building lots and three other lots on 3.11 acres in a C-G zone for Baltic Place Subdivision NO.1. We will open with staff comments. Powell: Madam President, Members of the Council, before I get started on my presentation, I should disclose that I worked on this project for Mr. Centers, but not on the version that was submitted to you for your approval, so I have worked on -- for him on this site, but that was not the applicant before the City of Meridian. Okay. I'm going to -- one of these days we won't have to go through these things anymore, but for the time being I'm sorry. This project, as you may remember, there is an apartment complex to the rear of the site. This is across the street from the firehouse. The cemetery is to the west and then, there was light office -- or, actually, commercial lots at the north end of the property, immediately south of Franklin Road. The Final Plat is for the commercial properties at this time and the apartment complex is not included within the Final Plat. You have before you nine commercial building lots and three common lots on 3.11 acres. It is zoned C-G. Originally, when this came to you, the entrance road was a private street. They are now proposing it to be a public street. It did require some adjustments to the required landscaping. The applicant may have some comments on that. I do know that the applicant wants to revise the condition of approval -- or site specific comment Number 4, revised plat to include a 10-foot wide common lot for South Baltic Place landscape street buffer on Lots 2 and 5, Block 2, and Lot 6, Block 1. It is a requirement of the zoning ordinance. It does say that landscape buffers should be on a separate common lot. We often have requests to waive that for commercial properties, because it's all under the same maintenance agreement for the commercial business owners. Staff doesn't have particular concerns about putting it in an easement, if that's what the applicant wishes to do. To my knowledge, that's the only outstanding issue. There may be others, but the proposed Final Plat is consistent with the approved preliminary and staff is recommending approval with the conditions. De Weerd: Thank you. Is the applicant here tonight? If you will state your and address. Boyle: Thank you, Madam President, Council. Clint Boyle with Landmark Engineerin~ and Planning and I'm losing my voice, so I apologize. Business address is 104 gt Avenue South in Nampa. Anna summed it up very nicely, so I won't belabor too many of the points. The only item was with regards to site specific requirement number four, which related to placing the landscaping in a common lot adjacent to Baltic Place as a landscape buffer and we are requesting that that be allowed to be in a landscape easement, rather than a common lot. There are several reasons behind that, one of those being that it impacts the building setbacks, which were approved with the Preliminary Plat and Planned Development application that you saw. If we provide a common lots, it would, actually, change the locations of those pads from what you Meridian City Council Meeting October 7, 2003 Page 24 of 44 initially approved in the Planned Development request, so I think it's in order with what was initially approved by the Council. It sounds like the staff is willing to go along with the landscape easement. I know it h as been done i n 0 ther commercial areas. The maintenance of the common areas will be through the business owners association, so will be commonly maintained landscaping. I think that was, really, the only point out of the staff items that was in disagree with the landscape buffer requirement there along Baltic. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Boyle: Thanks. De Weerd: Okay. Bird: Madam President? De Weerd: Mr. Bird. Bird: If we don't have any more discussion, I would move that we approve FP 03-054, the request for the Final Plat approval of nine building lots and three other lots on 3.11 acres in a C-G zone for Baltic Place Subdivision No. 1 by LC Development, Incorporated, 1095 East Franklin Road. To incorporate staff and applicant comments tonight and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-054 with staff and application comments. Does that address the landscape easement? Bird: that addresses Number 4, Anna stated it as four, and so did Clinton state it as Number 4. De Weerd: Okay. Bird: I would say that would be sufficient. De Weerd: Okay. Okay. Mr. Berg, if you will call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Meridian City Council Meeting October 7, 2003 Page 25 of 44 Item 11. FP 03-055 Request for Final Plat approval of 16 building lots and 3 other lots on 10.17 acres in C-N and R-40 zones for Devon Park II by Fairview Lakes, LLC - 824 East Fairview Avenue: De Weerd: Okay. Item Number 11 is request for Final Plat approval of 16 building lots and three other lots on 10.17 acres in a C-N and R-40 zones from Devon Park II and we will start with Anna. Powell: Madam President, Members of the Council, this is Devon Park. You have seen this site a number of times before. The proposed Final Plat is -- this is the -- one of the approved Preliminary Plats. The Final Plat is at the northern portion 0 f t he site and includes the apartment complex, the small commercial buildings on separate lots, one lot here, which, eventually, will have small lots similar to this, and, then, one lot down here as well. Also this single lot they are proposing three building on, which we anticipate that they will come back at some point and try and parcel those off. We did very carefully check to make sure this was consistent with what was approved, because, quite frankly, at this time we are having a hard time keeping track of what has been approved and what's been modified and to that end, Sonya Allen, Craig Hood, and I spent a great deal amount of time going through and detailing exactly which applications have been submitted and revised on this property. This is the beginning of the list, this is the remainder of the list, and I bring it up tonight, because at this point it has gotten so confusing, I would ask your permission not to take additional projects -- or not to take additional applications on this until some of these things get resolved, because we have got layers upon layers of conditions of approval on some of these properties. For instance, this property here, this one here, and this one here, I believe, are getting to be two or three layers of conceptual approval without Final Plat approval. I guess I need some guidance, it's getting frustrating for staff, but with regard to this Final Plat application, they are consistent, so it's -- I'm just using this opportunity to get - - ask for help on what might be an appropriate action, if there is any. With regard to the Final Plat, they are consistent with the approved preliminary and we are recommending approval. De Weerd: Thank you, Anna. Is the applicant here tonight? If you will state your name and address. Vogt: Steve Vogt, 2004 North 10th Street, Boise, Idaho. Thank you, Members of the Council. We appreciate your patience and stuff working on this project. This project has taken focus and we do know where it is going now, we do have tenants and stuff lined up, so from this point on I don't think that we are going to be going back doing numerous changes with layers upon layers upon layers. We do agree with staff's recommendations within the approvals and everything there. I will say one thing, I know that they have requested not taking anymore submissions and stuff, but I think we have already a pplied for submission down t here, because we - - we have a national credit tenant that we are looking at doing something for right now and I don't know how that's going to take in light, but I believe that some of the conditions of approval we don't have Meridian City Council Meeting October 7, 2003 Page 26 of 44 any Council -- or we won't have any occupancy permits or anything issued until all the improvements and everything in place and we are under construction of the project right now, so we are, in essence, trying to alleviate all these matters and stuff that are creating layers upon layers upon layers that, hopefully, will be resolved very soon. De Weerd: Okay. Thank you. Have you taken a look at staff comments and you agree with them? Vogt: Yes. We agree with what's written and proposed and presented to us. Bird: Madam President? De Weerd: Mr. Bird. Bird: Sir, our staff is 100 percent right, we have had plats before us here regarding this thing and it's just getting -- it's getting to a point that, you know, you don't know which -- it's like this Final Plat, what's the date on it? Do we have a date or is there a revised date or -- on the deals and it's -- to be flat truthful with you it's not fair to our staff when they started getting these preliminary and Final Plats, getting a change every week on them and expecting them to go through and get them passed. j hope we can solve this problem and the staff get it right. We have seen -- I can think of at least three plans on this property on everyone of them, at least three that's come forward. I don't know how many -- I don't know how many times it's changed hands, I don't know if the original owner still is the original applicant -- Vogt: We are. De Weerd: You still are the original applicant? Vogt: Correct. Bird: Okay. Vogt: One of the things that happened, to answer some of the response, was the back section of the project that was originally, I believe, 100 -- wait a minute -- 96 -- 182 unit apartment complex, which you saw in the beginning. We did have that project pre- approved and sold to a developer and that and, as we know, the market changed and turned, which, as you know, developers come back, redo, change and respond to the ever-changing market and within the -- what's proposed here within Devon Park 2. We are actually locating our office from Boise to this site and we have two other people that we are immediately constructing buildings for, so what you see here is a scaled down version of what was originally presented with a massive apartment complex. I think that it has finally settled down, but, no, I do -- I want to apologize for, you know, the grandiose plan that was presented before, which, as the market turned and things of nature -- because it has been a long process and we have been here lot of times. Meridian City Council Meeting October 7, 2003 Page 27 of 44 Bird: And we understand the market, you know, apartment buildings, the occupancy rate is going way down because of the interest rates, people are buying homes. It's tough on our staff to have to be seeing, on a weekly basis, new Final Plats or Preliminary Plats and this is something that -- I don't know how we are going to get take care of it, but we got to take care of it for our staff I feel. Other than, it's a nice development. Vogt: Thank you. De Weerd: Any other questions? Thank you very much. Okay. Staff, anything else? Powell: No, Madam President, Members of the Council, it's just -- the particular confusion comes in when they are trying to Preliminary Plat a lot that doesn't yet exist, because they haven't done the Final Plat that was part of a different Preliminary Plat. I guess our request would be that certainly we want to see if they are coming in for specific certificates of zoning compliance, we wouldn't reject those, but we would hope that they wouldn't turn in anymore conceptual uses or any new Preliminary Plats for lots that don't yet exist. Nary: Madam President? De Weerd: Mr. Nary. Nary: Not to add to your priority list or anything -- I think that -- I guess what I would see is that I don't think we can say you don't have -- you can't take -- you can't file anymore applications, although that would be nice. I don't think we can do that but I do think we certainly would entertain a discussion about, you know, how can you -- what would best handle it internally, is that -- would that allow for more staff or director decisions at the process or to be able to -- you know, if -- constant change is -- I agree with Councilman Bird, I think we have seen that on this project more than any I can think of in the last year and a half, but I understand why those have happened, but I think we do want to address your staff's concerns. You have a limited number of people, there are a lot of people asking for your time, and you're spending a lot of time, basically, erasing the lines, and changing them around on a project for a lot of reasons and taking that time. I mean I think -- I think we need to be open to what you'd like to suggest, but I don't think we can what would be the nicest way to do it. I don't think we can do that, but I do think we do need to see whatever you think might work as a way for you to be able to control that flow of how it comes in. I think that's -- that's where the hitch really ends up being is if you get bombarded with these different varying requests over the same piece of property and we are going to probably see that on other ones, but part of it is the rub I think that Mr. Nichols talked about earlier where we really would like to see the big picture and so they bring us this big picture and, then, they have to change it, you know, 14 times in the course of a year, because it doesn't fit every -- which way they thought and something has to give on your folks end to be able to address those needs, but be able to do it timely and reasonably and for the developers to realize the more they Meridian City Council Meeting October 7.2003 Page 28 of 44 change it, the longer it might take, because it just -- there is only so much you can accomplish in the course of a day. Powell: And President, Members of the Council, I think that that's something we -- during the zoning ordinance rewrite that we really need to look at the PO provisions and that conceptual versus detailed and finding a little more flexibility there to accommodate things like this, although this one -- it's been a market change from the beginning one. But I brought it up tonight, knowing that you couldn't give me authority not to take any in. I guess I just kind of wanted to get the point across to the applicant that -- and it's not the time invested so much as we are afraid we are going to miss something, that something's going to fall apart at some point here and we won't catch it, is the primary concern. I mean they pay their money, they just as entitled to our time as any of them, as far as the application goes, but we are afraid at this point that we are going to start missing things and one consideration for future discussion would be is it appropriate to take in applications for parcels that don't yet exist. It does come up fairly frequently in our discussions that we have got, you know, a Final Plat on -- or a Preliminary Plat on something that's not yet received a Final Plat, so -- De Weerd: And we need to look, too, for that fine balance between having an applicant be able to respond to what the market is and what kind of flexibility we can have in our processes and right now, you know, I don't know if we have found that balance, but certainly -- Powell: Well, we found the end of the flexibility, I think, if nothing else. De Weerd: But, certainly, I understand as they market their development, that they need to have a timely response, too, and so we need to see what fits best to accomplish the ends of that. Okay. Any other questions? Comments? Bird: Madam President? De Weerd: Mr. Bird. Bird: What's the date on that, Anna? Powell: It was September 8th. That's the signature date of the engineer. Bird: On the Final Plat? Powell: Yes. Bird: Okay. De Weerd: Okay. Meridian City Council Meeting October 7, 2003 Page 29 of 44 Bird: Madam President, with that I would make a motion that we approve the Final Plat FP 03-055, approval of 16 building lots and three other lots on 10.17 acres in C-N and R-40 zones for Devon Park II by Fairview Lakes, LLC, 824 East Fairview Avenue. To incorporate staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-055. Mr. Clerk, will you, please, call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Public Hearing: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar SprinQs No.3 by Howell Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Road: De Weerd: Item No. 12, we have a Public Hearing on VAC 03-005, request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar Springs No.3 and I will open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, this is on the western boundary of Cedar Springs. Along that boundary right there is Venable Lane and this, of course, is Ustick and Meridian Road here. This was required of the applicant as a condition of approval for the Cedar Springs project that they come back to you with this vacation request. The vacated property will, actually, revert to different property owners, it will revert to Kennedy and then, Sagewood Development Corporation here, and it will not revert to the Cedar Springs property. We did have -- well, at the Planning and Zoning Commission no one showed up to testify or to speak in favor of -- opposed to the development and the Planning and Zoning Commission has recommended approval to you. There were no changes, nor are there any outstanding issues. We did have the owner of these two properties come in and -- just to go on the record, she stated that her current access is from a dirt road that she had believed was in this portion of the right of way to be vacated. The applicant has instructed me that that dirt road, actually, is not within the right of way, so J suppose she's been trespassing using the dirt road at this point and she would be in the future also, would be the only thing, so as this project develops she will have access on Venable Lane, the official Venable Lane here, and then, from these stub streets coming from Cedar Springs. That ends staff's presentation. De Weerd: Thank you, Anna. Is the applicant here tonight? Fluke: Madam President, Members of the Council, thank you. Darin Fluke. Meridian City Council Meeting October 7, 2003 Page 30 of 44 De Weerd: We have a Public Hearing. I need to swear you in, not swear at you. Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? Fluke: I do. De Weerd: Okay. Name and address. Fluke: Darin Fluke, 250 South Beachwood in Boise, representing the applicant. De Weerd: Thank you. Fluke: As Anna stated. This was a condition of approval of the Preliminary Plat for Cedar Springs. We are now working on the Final Plat for Cedar Springs No.3, a portion of which you see here, and so we are bringing the vacation application forward. From here it will go to ACHD and they will act on the application as well, but they need to hear from you first. Just -- there is not really any issues that I'm aware of with this, but to just reiterate and clarify what Anna said, this is the half section line. A deed from 1908, I believe, established a 29 foot right of way from Ustick Road -- not Ustick -- yes, it's from Ustick on the south to this point here, which is, again, about a half mile, I believe. We are utilizing that 29 feet of right of way from this point south, as well as the additional right of way required for the 50 feet. Actually, in this case it's probably more, because that's a collector road, so it's a little bit more. We are adding some right of way on there and building this road. This, as you can see, is redundant, because we have got this right of way here that's being built right now and so the staff concern was that we would end up with double fronted lots and that's where the vacation comes from. The dirt road that Anna spoke of is commonly known as Venable Lane. I don't think it was ever approved formally, but it's existed for a long time, and it, actually, according to the survey, sits about 30 feet west of this right of way, so somewhere in here and it does extend from Ustick all the way up to here. I doubt that they have been trespassing when they drive across from this point to here, because that has been there for so long and provided access to that property. So, this really shouldn't change anything in the area. These adjoining property owners get that land and we will go on to ACHD, if -- once you all make your decision. De Weerd: And those property owners would keep their access -- would have access? Fluke: That's correct. They will have access from the road that we are building as well, so it will actually improve from what it is now. De Weerd: Okay. Thank you. Any questions? Bird: I have none. Nary: Madam President? Meridian City Council Meeting October 7, 2003 Page 31 of 44 De Weerd: Mr. Nary. Nary: I guess maybe I missed it. The Kennedy property's access is some other place than that dirt lane? Because, obviously, the Sagewood one can connect it, but -- or there is a dirt road there, that's what you were talking about, saying that that's already existing, correct? Fluke: Kennedy currently takes access to Ustick Road from that dirt lane and extends all the way down. Nary: Okay. Thank you. De Weerd: Okay. Thank you. This is a Public Hearing. Is there anyone else who would like to testify on this item? Okay. Council, any other discussion? Questions for staff? Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no discussion, I would move that we close the Public Hearing on VAC 03- 005. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 12, V AC 03-005. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. Any discussion? Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no discussion, I would move that we approve VAC 03-005, the request to vacate 29 feet of right of way along the alignment of Venable Land for Cedar Springs NO.3 by AI Murdoch Development Corp., west of North Meridian Road and north of West Ustick Road and to incorporate staff and applicant remarks and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve VAC 03-005. Mr. Clerk, will you call roll? Meridian City Council Meeting October 7,2003 Page 32 of 44 Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 13. Public Hearing CUP 03-038 Request for a Conditional Use Permit for a tri-plex in an R-15 zone for Troy Palmer Tri-Plex by Troy Palmer - 1236 East 2 }2 Street: De Weerd: Thank you. Okay. Item 13 is Public Hearing CUP 03-038, request for a Conditional Use Permit for a triplex in an R-15 zone for Troy Palmer Triplex. I'll open the Public Hearing with staff comments. Powell: Madam President, Members of the Council, this is located just outside the Old Town area and the property is on East 2 1/2 Street. It is -- there is an existing building on t here, as you c an see it's u P toward the front and here you can see the existing building. It's a single-family residence, but at this time, the applicant is proposing to break that up and make it into a triplex. There are two existing garages on the property. One there and one right next to it there. The circulation pattern, you enter -- there are a couple parking spaces here, there is a paved area adjacent to that first garage, so that they can pull in this way. Then, additionally, there is a drive aisle here and you can pull into this garage from this direction and then, there is some additional parking spaces here and a backup area. There was testimony from the adjoining property owner, right here, at the Planning and Zoning Commission hearing and he is here tonight as well. There currently is no fence along this property. There was -- as is true of a lot of these smaller lots, as they try to redevelop near the Old Town area, there is -- he does not have the ability to get the required buffer here. Technically, this falls in a multi-family designation next to a single-family designation, so they do -- it does require a use buffer -- separation buffer. He was n ot able to a ch ieve t hat. There was d iscu ssion at the Planning and Zoning Commission about putting up a fence as an alternative to the required landscape buffer and the applicant did agree to do that. Then, the applicant came to talk to us about a subdivision on this property as well and then, we had some concerns about this drive aisle width, because we had been talking about kind of a reduced drive aisle width here because of the limitations posed by the two existing garage structures. There is a -- not a full driveway width here and we were concerned that would be perpetuated as part of a subdivision of this -- the eastern portion of the property. We did ask the applicant to show us how that would be done and you can see that here, the two structures would be removed, this area would be parking here, and, then, a turn around area here for the fire department and two additional apartment buildings would be built back here. I believe they are four-plexes each and they would subdivide off the lot and again, I just bring that up, because -- perhaps to show you that we do actually do planning in the office with all that and we were concerned and we did ask them to go back and modify and the applicant was happy to do that. They had, actually, worked on it already, so they knew there was a solution, but we were happy to learn that there was one, so I think that -- the Planning and Zoning Commission did recommend approval of the project, so we bring that forward to you as is. There is an Meridian City Council Meeting October 7, 2003 Page 33 of 44 outstanding issue just in regard to alternative compliance and the need for the applicant to pay a small additional fee associated with that that hasn't been met, but that's a minor outstanding issue and that's all for staff's presentation. De W eerd: Thank you, Anna. A ny questions for s taft? 1st he a pplication 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? Palmer: I do. De Weerd: Thank you. Just state your name and address. Palmer: Troy Palmer, 5450 North Larkwood. De Weerd: Thank you. Palmer: Yes. I just talked to the neighbor just before the meeting here tonight and he was still unsure - - I just talked tot he neighbor a bout the fence issue just before we came in here tonight and he's not sure what he wants to do. He thinks he wants to taper it down from a six foot fence down to maybe four towards the road, so he can see when he's backing out and not have such a tall obstruction, but I told him I would work with him and we'd figure out what we could do on that situation. Obviously, weare looking to temporarily convert the triplex and finish that off and get it rented out and, then, you know, at a later date tear down the garages and once we get approval for the back two, repave and finish the other areas to meet the second drawing that she showed you guys. Just trying to do it in two phases, basically, is what I'm after. De Weerd: Okay, and you agree with all staff comments? Palmer: Yes. Yes. De Weerd: Okay. Are there any questions? Bird: I have none. De Weerd: Okay. Thank you, and this is a Public Hearing. Is there anyone else who would like to offer testimony? Powell: Madam President, Members of the Council, just to clarify on the fence issue, perhaps for the neighbor. The fence is required to come down to three feet if it's a solid fence within the front setback area, so that it doesn't obstruct vision while you're backing out, so that would be addressed by our fence standards as well. It can be four foot if it's an open vision fence, but three foot otherwise. De Weerd: Thank you. Okay. Council? Okay. I would entertain a motion to close the Public Hearing. Meridian City Council Meeting October 7, 2003 Page 34 of 44 Bird: Madam President, I would move that we close the Public Hearing CUP 03-038. Nary: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 13. All those in favor say aye. Okay. All ayes. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Any discussion? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve CUP 03-038, request for a Conditional Use Permit for a triplex in an R-15 zone for Troy Palmer Triplex, by Troy Palmer, 1236 East 2 1/2 Street, Meridian, Idaho. Incorporate all staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Nary: Second. De Weerd: Okay. It's been moved and seconded twice to approve the Public Hearing for -- or the CUP 03-038, and -- does that clarify they need to work with the neighbor on the fence? I think it was agreed upon, but just special notation on that. Nary: And pay the fee. De Weerd: And to pay the alternative compliance fee. Okay. Mr. Clerk, will you call roll? Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 14. Public Hearing CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-O zone for Meadow Lake Villa~e Medical Office by Hummel Architects, P.A. - east of North Eagle Road and south of East Franklin Road: De Weerd: Item 14 is Public Hearing CUP 03-040, request for a Conditional Use Permit for a Planned Development for shell and core of a multi-floor medical office building in Meridian City Council Meeting October 7, 2003 Page 35 of 44 an L-O zone for Meadow Lake Village Medical Office and I will open the Public Hearing with staff comments. Powell: Madam President, Members of the Council this project lies within Lots 4 and 5. They will be doing a minor lot line adjustment to accommodate it, but it is in this general area 0 f t he Touchmark Subdivision 0 r Meadow Lake V illage, as it's a Iso known. As you're aware not anything out there just yet. This is the proposed Site Plan. It is a 98,000 square foot medical office building, shell and core. It is on 5.96 acres and, as I said, it's a portion of Lots 4 and 5, Block 1, of Touchmark Living Center Subdivision. It closely matches the approved conceptual Site Plan approved through CUP 03-005. The. building will be five stories in height. There it is there, five habitable stories and there is a small penthouse for office equipment that shows up right there and particularly shows -- well, it doesn't show up there, it just barely shows up there. Right there on the rendering and it will be 85 feet high, which corresponds to the maximum allowed height for this type of construction by the building code. The L-O zone in which it's located has a maximum building height of 35 feet, so as part of the PD they are asking -- or they did ask for an exception to the height approval. There was discussion at the Planning and Zoning Commission on how this compared in height to the St. Luke's facility. The St. Luke's facility is 108.67 feet, so nearly 109 feet tall. Going to the Planning and Zoning Commission hearing, the applicant from Hummel Architects, who is here tonight, testified in favor of the application? There was no other public testimony presented at the hearing. The key issues of the discussion were the building height and the trash enclosure size and whether a cafeteria or similar uses would be permitted as accessory use. The answer was yes. There were no modifications based on staff's recommendations. The - - perhaps t he only 0 utstanding issue for City Council is the applicant agreed to verify the size and number of dumpsters needed for the project prior to City Council meeting, so perhaps he can do that tonight. I did want to just point out the Landscape Plan briefly. There is kind of a land -- pedestrian corridor that connects - - there is a connection here to the St. Luke's drive and they will have an access there and there is kind of a pedestrian connection up to this public street as well and, then, the drive aisle for like the police -- or for the fire trucks comes this way and it's extra wide to accommodate that and I think will end staff's presentation for now. The Planning and Zoning Commission recommended approval. De Weerd: Thank you, Anna. Any questions? Okay. Is the applicant here tonight? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so .help you God? Butler: I do. De Weerd: Thank you. Please state your name and address. Butler: My name is Jason Butler with Hummel Architects, 2785 Bogus Basin Road, representing Meadow Lake Village by Touchmark. The project that we are proposing follows very closely to the conceptual plan that was approved within the past couple months by the Planning and Zoning Commission and the Council. The first building is -- Meridian City Council Meeting October 7. 2003 Page 36 of 44 as staff has said, a five-story shell and core medical office building. There is a potential that it could have a cafeteria or something like that, but right now it's planned for an all medical 0 ffice building. T he dumpster trash enclosure size - - a nd I have got copies here if you would like -- is coordinated with Sanitary Services and very closely follows their design. We can accommodate two eight yard dumpsters at this time and they can pick up on a daily basis if the building does generate that many. At this time, since it is a shell and core project, and the tenants will be coming -- following after the building coming up out of the ground, we don't know how many tenants will be in the building and the nature of the waste, so Sanitary Services is very comfortable with -- given the size of the building of approximately 98,000 square feet and the potential for the number of clients that two eight yard dumpsters, picked up every day, would handle the waste generated from the building. The only staff comments I'd like to clarify is Item At Number 6, that the Landscape Plan was updated prior to the Planning and Zoning Commission hearing. It was the real grainy image that Anna had displayed earlier and it had to do with this pedestrian walkway here that will continue on to the future development at this corner of Meadow Lake Village, to where there is some additional landscaping being picked up along the pedestrian way at those parking spaces. Then, the only other item that I briefly touched was item Dt Number 1, that Sanitary Services has been contacted and coordinated with the trash enclosure size, so -- at that time -- at this point any other questions that -- De Weerd: Any questions? Mr. Clerk. Berg: Thank you, Madam President. He addressed some document from Sanitary Service. Do you have an extra copy of that? Butler: I do. Berg: I have got to put that in the record, just for the record. I apologize. De Weerd: Thank you. Okay. Thanks. This is a Public Hearing. Is there anyone else who would like to testify tonight? Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: Hearing no one else, I'd move we close the Public Hearing. McCandless: Second. Bird: I second that. McCandless: I already did. Meridian City Council Meeting October 7. 2003 Page 37 of 44 De Weerd: We are so amenable tonight. It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Mr. Bird. Bird: Could I ask a question of Anna? On that Landscape Plan you agreed with what the applicant -- Powell: I do have one dated September 4th, which was, actually, the night of the Planning and Zoning Commission hearing. Is that the correct one? Yes, it seems like we just -- we just missed that. Bird: So, that's the one that -- that he agreed upon. Powell: Yes. Bird: Now, he can make his motion. Nary: Okay. De Weerd: Okay. Mr. Nary. Nary: Madam President, I'd move the approval of CUP 03-040, the request for a Conditional Use Permit for a Planned Development for a shell and core for a multi-floor medical office building in an L-O zone for Meadow Lake Village medical office by Hummel Architects, east of North Eagle Road, south of East Franklin Road. To include all staff comments, as well as -- I think it's amending item four of the recommendation in regard to the Landscape Plan that will be reflected in the Landscape Plan that was submitted on September 4, 2003. I'm sorry. It's Number 6 and then, for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. Oh, and -- I'm sorry. D? Bird: No. You did fine. McCandless: Adopt recommendations from Sanitary Services. Nary: Oh. I'm sorry and include, as submitted this evening, the recommendation of Sanitary Services for the two dumpsters there adjacent to the building and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order. McCandless: Second. Meridian City Council Meeting October 7. 2003 Page 38 of 44 De Weerd: Great team effort there. It's been moved and seconded to approve CUP 03- 040, to include the classifications on Item Number 6 and item 0-1 and I will ask the City Clerk to call roll. Roll calL McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Bird: Madam President? De Weerd: Mr. Bird. Bird: Before we move on, I want to commend Meadow Lake Village for putting a building like this up. ]t's going to be a real addition to that area out there and it's probably the way the concept of the Village they are putting in it will be well used and I want to commend them for doing something like that in our nice city. De Weerd: Yes. It is. It's turning out to be a very nice development all the way around. So, thank you, Mr. Bird. Item 15. Public Hearing: AZ 03-017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: Item 16. Public Hearing: PP 03~022 Request for Preliminary Plat approval of 14 building lots and 3 other lots on 6.00 acres in a proposed R-4 zone for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: De Weerd: Okay. We will go ahead and move on to Items 15 and 16, if there is no problem with opening both Public Hearings? I will go ahead and do that. Okay. ] will open Public Hearings AZ 03-017, request for annexation and zoning of six acres from RUT to R-4 zones for proposed Parkway Subdivision. Also Item 16, Public Hearit:lg PP 03-022, request Preliminary Plat approval of 14 building lots and three other lots on six acres in a proposed R-4 zone for Parkway Subdivision and I'll start it with staff comments. Powell: Madam President, Members of the Council, we are over near Venable Lane again. This time we are on the south side of Ustick Road in these two parcels here. There is an existing home and some outbuildings on the property currently. You -- I believe you saw this property -- a subdivision on this property before, but the existing home was not included in the annexation and my understanding is that it was denied at that time. They have now included that existing home in the annexation and zoning request. They are requesting an R-4 zone and the title says they do have 14 building lots and three other lots. The landscape lots are located along Ustick Road along the entry drive and, then, there is a drainage lot located toward the south end of the Meridian City Council Meeting October 7, 2003 Page 39 of 44 property. The single-family lots range in size from 9,230 square feet to approximately 41,596 square feet. That's, obviously, accommodating the existing home. The gross density for the subdivision is 2.33 units per acre. There was one member of the public testifying in opposition or expressed concerns about the project and this was the property owner immediately west of the entrance road. Her concern was the proximity of the entrance road. The applicant did shift the road -- this is as it's proposed now. It's difficult to read, because of top lines, but there is a landscape lot there -- let's see how many we have. This was the original submittal and, as you can see, they had the divided island. What was discussed at the Planning and Zoning Commission was perhaps taking that island out and shifting that additional area and additional landscaping over to the west, so that -- oh, wrong way. Sorry so, that it provided more buffer for this property owner and that's what has been done, so that extra ten feet was included over there and I have forgotten the exact dimension of that now, of that landscape lot. It is a sizable landscape lot at this point. The applicant can testify to that. The 0 ther benefit 0 f that was it kind 0 f c leaned up t his area h ere. I did have concerns that you got kind of a wide asphalt expanse here that was a little bit undefined, so it does take care of that and Planning and Zoning Commission has recommended approval. There are no 0 utstanding issues before City Council and I will end staff's report -- staff's presentation with that. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Could we get the date of this revised plat, please? Powell: September 24th. De Weerd: Okay. Did you have anything further, Anna? Powell: No ma'am. De Weerd: Okay. Any questions of Anna? Nary: Madam President? De Weerd: Mr. Nary. Nary: So, the five percent open space is basically incorporated in that drainage, is that what that is? Powell: Yes. I believe so. Nary: Okay. Powell: It's -- as I understand it, it's a fairly shallow drainage area. Meridian City Council Meeting October 7, 2003 Page 40 of 44 Nary: Okay. Thank you. De Weerd: Okay. Is the applicant here? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Cook: I do. De Weerd: Thank you. Please state your name and address. Cook: My name is Richard Cook. I'm with Briggs Engineering here tonight representing Six Point Development and the address is 1800 West Overland Road in the City of Boise. De Weerd: Thank you. Cook: This landscape strip now adjacent to the home to the west is almost 30 feet in width and we have taken that -- the trees that we had intended to put in the island that we had in the center of the street and we are planting those trees along this west side to give that person some additional buffering. The staff report is reflective of what we are proposing here and we are in agreement with the comments and conditions in the staff report and we believe that we are in full compliance with the Comprehensive Plan and the zoning ordinance for annexation and subsequent development of the property. I do have one comment. There is a letter in the packet from Wendell Bigham from the school district and the third paragraph, last sentence, refers to having a meeting with the developer on this project and that we had agreed to provide an elementary and a high school site. De Weerd: How generous of you. Cook: It's going to be a very small school. Bird: I was going to say -- McCandless: One grade. Bird: Are they taking the whole thing for the elementary or-- De Weerd: That's a one building schoolhouse. One room. Cook: So, obviously, that was not intended for this particular development, so I just wanted to point that out. Bird: Either that or you got the wrong development. Meridian City Council Meeting October 7. 2003 Page 41 of 44 Cook: Correct, and the other thing I'd like to mention is that we have conferred with the Ada County Highway District regarding the island and they are concurrence with us on that removal, so n De Weerd: Okay. Cook: With that I will conclude my remarks and thank you for the brevity of the evening. De Weerd: Well, thank you for the donation of the school property. Bird: We appreciate that. De Weerd: I don't know where you're going to build your homes, but -- Bird: I don't know where they are going to build the school. A high school takes about 40 acres. Cook: True story. Bird: Are we going to have one of them tall ones? De Weerd: Well, I see that it was very important, Richard, to clarify that letter. Okay. Any questions? Comments? Nary: Madam President, I know why Mr. Cook put an island up there in the center, too, but I think it's better that -- with the alternative they have there. It's really good for the neighbor, because my recollection was that's what the neighbor had s aid previously, was that road was almost by her window, I think. I think that's a good alternative and I think the other concerns we have addressed, which is the house. We weren't -- we didn't want to create an enclave and so I think this really addressed all the concerns we had. De Weerd: Thank you, Mr. Nary, for your comments. Powell: Madam President, Mr. Nary, he was concerned about taking it out and that's why I wanted to express staff's support of the concept in their presentation. De Weerd: Okay. I would entertain a motion, if there were no further discussion, to close the Public Hearings on both 15 and 16. McCandless: So moved. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearings on Items 15 and 16. All those in favor say aye. Meridian City Council Meeting October 7, 2003 Page 42 of 44 MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. Any discussion? Bird: Madam President? De Weerd: I'm sorry. Mr. Bird. Bird: If you have got a discussion, go ahead. De Weerd: No. I just was going to comment that a 30-foot landscape lot is, indeed, a nice amenity and it will be a good buffer to the resident, so -- Bird: I'm sure she will appreciate that. De Weerd: Okay. Mr. Bird. Bird: I wou Id move that we approve AZ 03-017, request for an nexation and zon ing of 6.00 acres from RUT to R-4 zones for the proposed Parkway Subdivision by Six Point Development, LLC, 355 West Ustick Road and to incorporate staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve AZ 03-017 with staff comments. Mr. Clerk, will you call roll? Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. Item 16. Mr. Bird. Bird: Madam President, I would move that we approve PP 03-022, request for Preliminary Plat dated September 24, 2003, if I recall right, approval of 14 building lots and three other lots on 6.00 acres in a proposed R-4 zone for the proposed Parkway Subdivision by Six Point Development, LLC, 355 West Ustick Road. To incorporate staff and applicant comments and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve PP 03-022. Mr. Clerk, roll call. Meridian City Council Meeting October 7, 2003 Page 43 of 44 Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Thank you. Just a couple of comments. We got a memo from Craig Hood, dated September 30th, regarding the letter that we got from Mr. and Mrs. Smith. Anna, I just wanted to have you pass along our appreciation for addressing this, that he was very timely and I know the Smiths have had some ongoing concerns, so do appreciate his attention to that and the way he dealt with the Smiths. It was very appropriate and he did it in a timely fashion, so -- Powell: We will let him know. De Weerd: Very much appreciated. Also, staff has been working diligently on our community planning day for Thursday. Keith and I will be welcoming the attendees on that day. Here is an agenda, Keith. Does staff have any needs or help? Pow!?ll: No. I think we are okay. I have been coordinating with Kristy on it. It's a little tricky figuring out how detailed to get, but give you enough to do a mock Council hearing on, but not overvvhelm folks. We are changing the name to protect the innocent to Pokemark, as opposed to Touchmark. De Weerd: Steve Arnold had called and left a message on my voicemail to touch base with him on that, because he's going to be there on the applicant's side and he just wanted to know what -- Powell: He's going to represent -- De Weerd: I guess Touchmark and asked him if he would help participate in that. Powell: Oh. Oh. Okay. De Weerd: Because we did talk to Joe Swenson and Joe must have passed that onto Steve. Powell: Is Steve going to participate here or over when they go to the site? De Weerd: He will most likely participate here, as the applicant and I don't know who will be on site. I was going to call him tomorrow, but I thought maybe you might want to touch base with him, too. Powell: Okay. I had considered since-- De Weerd: Oh, you wanted to be the applicant. Meridian City Council Meeting October 7, 2003 Page 44 of 44 Powell: No. I had considered since one of the people that was going to be on City Council, you know, that we talked about flip flopping Ada County Highway -- from the ACHD hearing and one of the City Council members was going to be a City Council member, I thought we might use him as the developer. De Weerd: No. Our City Council Member is going to be our attorney. Powell: Oh. Okay. De Weerd: And he's relishing the thought that he can be Bill Nichols. Powell: Okay. Nary: I can sit there quietly. Nichols: Madam President, I can quickly disabuse him of that. Powell: Then, I will get with Steve tomorrow to talk about him representing the applicant. De Weerd: Okay. Thank you. If there is not anything further, I would entertain a motion to adjourn. McCandless: Move we adjourn. Nary: Second. De Weerd: Okay. It's been moved and seconded to adjourn at 9:13. All in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Okay. Thank yC?u MEETING ADJOURNED AT 9:13 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ! -?~ ?am~:! c:Lelveej-b{ fJi'tl;-:'deh-t {'//yCt)t(/1-""luL ATTESTED: MEETING DATE: G{.y~~acket Pickup w- 117.003 October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3-B REQUEST Approve minutes of September 9,2003 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: vV ti1~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. ~~C.l' Approve minutes of September 16, 2003 City Councfl Regular Meeting: REQUEST 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: ~vJJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. October 3,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3~D REQUEST Approve minutes of September 16, 2003 Pre-Council Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. 8 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/24103 01 :40 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 111111111I111111111111111111111111111 103181097 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) VACATION OF A DEDICATED IS-FOOT ) RIGHT-OF-WAY ON WEST 4TH STREET FOR) MERIDIAN HEAD START, LOCATED AT 333) WEST BROADWAY AVENUE, MERIDIAN, ) IDAHO ) ) ) ) ) ) ) FRIENDS OF CHILDREN AND FAMILIES, INC., APPLICANT. C/C 09/16/03 CASE NO. V AC-03-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF A DEDICATED FIFTEEN- FOOT RIGHT-OF-WAY This matter coming on regularly before the City Council at its regular meeting held on September 16,2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Doug Cooper, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Conunission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start - V AC-03-004 PAGE 1 OF 8 L Easements shall be vacated in the same manner as streets. {I.C. S 50-1325}. 2. The vacation of easements were accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.c. S 40- 203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300) of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation ofthese easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {I.C. S 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code SS 12-10-1 A and Band 12-10-2 A and Bit provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start - V AC-03-004 PAGE 2 OF 8 Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 2. Council Action: ]. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Sherry McKibben on behalf of Natalie Monaghan representing Friends of Children and Families, Inc., filed a petition for the vacation of a dedicated 15-foot right-of-way on West 4th Street for Meridian Head Start located at 333 West Broadway Avenue, Meridian, Idaho, and which existing right-of-way was originally dedicated on the 1903 plat for West View Addition, and was known at that time as Young Avenue. In 1961, the west half of the Young Street right-of- way (15 feet) was vacated by the City of Meridian and quitclaim deeded to the Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start - V AC-03-004 PAGE30F8 adjacent property owners to the west. The subject application would vacate the remaining east half of the right-of-way. The remaining 15 feet of right-of-way dead ends at the railroad tracks and has no chance of being extended as a street in the future. The right-of-way has never been opened by ACHD and has existing mature trees within it. ACHD has no objection to the proposed vacation. The vacation is necessary for the applicant to secure the City of Meridian approval prior to initiating the formal vacation process with ACHD. The applicant obtained written approval of the vacation from adjacent property owners. ACHD has also consented to the application by a notarized affidavit of legal interest. The subject property to be vacated is located on the south side ofW. Broadway Avenue, in line with West 4th Street. The legal description of the existing unused sewer easement, is the subject of this petition, is: Meridian Head Start A parcel ofland being the East Y2 of that portion of West 4th Street (formerly Young Avenue) lying west of Block 6 of West View Addition to Meridian, Book 2 at Page 68, Ada County records. Said parcel being more particularly described as follows: Commencing at a brass cap monument marking the centerline of West Broadway Avenue at the East Right-Of-Way line of said West 4th Street; thence South 00000'14" West 40.00 feet to the Northwest comer of said Block 6 being the POINT OF BEGINNING; thence continuing South 00000' 14" West 308.10 feet to the end of said West 4th Street, thence North 89009'48" West 15.00 feet to the East line of the West Y2 of said West 4th Street; thence along said East line North 00000'14" East 307.89 feet to the South Right-Of-Way line of said West Broadway A venue; Thence along said South Right-Of-Way line South 89058'30" East 15.00 feet to the POINT OF BEGINNING. Said parcel contains 4,620 square feet, more or less. 2. The particular circumstances of the requested vacation is: The vacation of a dedicated IS-foot right-of-way on West 4th Street for Meridian Head Start located at 333 West Broadway Avenue, Meridian, Idaho, and which existing right-of-way was originally dedicated on the 1903 plat for West View Addition, and was known at that time as Young A venue. In 1961, the west half of the Young Street right-of-way (15 feet) was vacated by the City of Meridian and Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start - V AC-03-004 PAGE 4 OF 8 quitclaim deeded to the adjacent property owners to the west The subject application would vacate the remaining east half ofthe right-of-way. The remaining 15 feet of right-of-way dead ends at the railroad tracks and has no chance of being extended as a street in the future. The right-of-way has never been opened by ACHD and has existing mature trees within it ACHD has no objection to the proposed vacation. The vacation is necessary for the applicant to secure the City of Meridian approval prior to initiating the formal vacation process with ACHD. The applicant obtained written approval of the vacation from adjacent property owners. ACHD has also consented to the application by a notarized affidavit oflegal interest The subject property to be vacated is located on the south side ofW. Broadway Avenue, in line with West 4th Street 3. The applicant shall obtain notarized approval of the easement vacations from affected entities. 4. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 5. All publication costs have been paid by the petitioner. 6. The vacation is necessary for the applicant to secure the City of Meridian approval prior to initiating the fonnal vacation process with ACHD. The applicant obtained written approval of the vacation from adjacent property owners. ACHD has also consented to the application by a notarized affidavit oflegal interest The subject property to be vacated is located on the south side ofW. Broadway Avenue, in line with West 4th Street 7. Prior to issuance of any building permits that encroach into the area to be vacated, the applicant must submit a relinquishment letter or Quitclaim Deed from ACHD and any applicable utility companies to the City of Meridian. 8. The Nampa & Meridian Irrigation District's Rutledge Laterals and Nine-Mile Drain course along the south boundary of the property with recorded easements. These easements must remain intact and protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start - V AC-03-004 PAGES OF 8 DECISION AND ORDER OF VACATION OF AN UNUSED SEWER EASEMENT NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The following is the legal description of the existing dedicated IS-foot right-of- way on West 4th Street for the Meridian Head Start, located at 333 West Broadway Avenue, Meridian, Idaho, and is hereby vacated: Meridian Head Start A parcel ofland being the East Y2 of that portion of West 4th Street (formerly Young Avenue) lying west of Block 6 of West View Addition to Meridian, Book 2 at Page 68, Ada County records. Said parcel being more particularly described as follows: Commencing at a brass cap monument marking the centerline of West Broadway Avenue at the East Right-Of-Way line of said West 4th Street; thence South 00000'14" West 40.00 feet to the Northwest comer of said Block 6 being the POINT OF BEGINNING; thence continuing South 00000'14" West 308.10 feet to the end of said West 4th Street, thence North 89009'48" West 15.00 feet to the East line of the West Y2 of said West 4th Street; thence along said East line North 00000'14" East 307.89 feet to the South Right-Of-Way line of said West Broadway Avenue; Thence along said South Right-Of-Way line South 89058'30" East 15.00 feet to the POINT OF BEGINNING. Said parcel contains 4,620 square feet, more or less. 2. The petition for the vacation of a dedicated IS-foot right-of-way on West 4th Street for the Meridian Head Start, is hereby granted. 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start - V AC-03-004 PAGE 6 OF 8 Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision 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 "7-11:- day of IJ(J-oMv ,2003. ROLLCALL COUNCILMAN BIRD VOTED ~c.- VOTED ~ VOTED /je~ VOTED ~ COUNCILWOMAN deWEERD COUNCILWOMAN Mc CANDLESS COUNCILMAN NARY Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start- V AC-03-004 PAGE 7 OF 8 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ItJ-7-C<"1 VOTED .- ~ Attest: M-a ffi:e-... . \\\\illlll~~ . ,\\\\\\ Of MEttltJJ~ht- t(/~ _ ...,......;:\.~ --..~ '''/''o..~,_-r _/l_k, Coa-n-~ $' c} 'jP~o.~['~'.J1~v.... 1..4':; $ ~~o ~ ~ ~ ~ - - - - :: -::: ByeJi~~~ :b City Clerk DATED: 10- SEAL ~ c-'? -;. ~ .;:f/O 2 ~ i"<> v,sr 1Si. / ~ .$ -;, 'AI \>. " ;"",1 CO' , ~' ......,..... ""II uNT"f, \\,... /1" \\\ IlnfJlli\n\\ STATE OF IDAHO, ) : ss. County of Ada. ) On this q. day of 8c:h:hut ,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, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the 'Sil1lBali day and year fir~s~ }'~~~;~~ . " O't~,.>~~. - I'~ ~~~~ ""J I -.;y , 111 · f \ s III I I S II . I II .. \ , .. 111 \ , III .. \ ' " o. .n'... br-1C~/O. u". ....-:.-uJjJ,..i~.. ... · :&".,;,---- -rl'"\ '" 9.'~o(40F ~.f> ......... ~4Yl~'~ Notary Public for Idaho Commission Expires: 1- 2 ~ -as z:\ Work\M\Melidian\Meridian I 5360MlMelidiall Head Start V AC-03-004\FfCIOrdVacOIDedicated I 5FootRightofWay.doc Findings of Fact and Conclusions of Law and Order of Vacation for Meridian Head Start - V AC-03-004 PAGE 8 OF 8 October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Donn Reiswig CU P 03-030 October 7, 2003 ITEM NO. 3-F REQUEST Findings: Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk -- east of South Eagle Road and south of East Franklin Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT; CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 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: _fJonn Qfi~\ 1 )\3 Emailed: _ See Attached Findings ~ Date: lO~ 3-()3 Staff Initials: Phone: 5B,. ~ lff3c;rr L.t1... Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM (inT'" 7 '4".1 ,~Al,. \i SEP 2 3 2003 City Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: DONN REISWIG FOR CONDITIONAL USE PERMIT FOR COFFEE KIOSK IN AN L-O ZONE File No.: CUP-03-030 Date: September 22, 2003 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a calL Z:\Work\M\Meridian\Meridian I 5360l\.1\Coffee Kiosk by Donn Reiswig CUP-03-030\ClkLlrCUPffcls&Order 0922 03.do::: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE- THRU COFFEE KIDSKIN AN L-O ZONE, LOCATED EAST OF SOUTH EAGLE ROAD AND SOUTH OF EAST FRANKLIN ROAD, MERIDIAN, IDAHO DONN REISWIG, APPLICANT C/C 09/16/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-030 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 September 162003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 2003, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 18 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 16, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-Q zone and by reason of the provisions ofthe Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the south of Franklin Road and east of Eagle Road on the Meadow Lake Village property, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owner ofrecord of the subject property is Touchmark of the Treasure Valley, LLC, and they have given their consent for the applicant to submit the requested conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 18 permit. 6. Applicant is Donn Reiswig. 7. The subject property is currently zoned L-O. The zoning district ofL-O 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 temporary drive- thru coffee kiosk in an L-O zone. The Zoning Schedule of Use Control shows that all drive thru facilities require a Conditional Use Permit in the L-O zone (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Mixed Use Community. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public ifthe following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 18 City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. The temporary use shall be granted for 12 months, with a possible 12-month extension. To obtain the 12-month extension, the applicant must submit a written request to the Planning & Zoning Department. If any complaints are received for the coffee kiosk project prior to submittal of the extension request, a public hearing will be required with the Planning & Zoning Commission; otherwise the P&Z staff may approve the extension. 2. No freestanding signs are requested for the temporary kiosk and none are approved. Only on-building signage will be allowed in compliance with L-O zone standards. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 3. At least two parking spaces, 9' by 19', shall be provided for employee parking. All parking and vehicular use areas associated with the proposed use shall be paved in accordance with City policy. Parking stall dimensions shall conform to Ordinance 12-13-4.F. 4. A buffer between land uses shall be provided in compliance with Ordinance 12-13-12 along the west property line for the extent of the temporary use. 5. A landscaped street buffer is required along Franklin Road, in conformance with Ordinance 12-13-10, for the extent of the temporary use. 6. Any exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 18 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form ofa letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Post the address in 4" numbers on the front of the building facing the street. 2. Provide a 2AI DBC fire extinguisher mounted 3' to 5' off ofthe finished floor. C. Adopt the Recommendations of the Nampa & Meridian lnigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian lnigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. 3. All laterals and waste ways must be protected. The Snyder Lateral courses through the property. The recorded easement for the lateral is forty feet, twenty feet each side from center. The easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. Further review for waste service access needs to be considered [as part of the CZC process] . E. Adopt the Recommendations of Central District Health Department as follows: 1. We will require plans be submitted for a plan review for any beverage establishment. F. Adopt the Recommendations of the Ada County Highway District as follows: Site STJecific Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 18 1. Construct a minimum 5-foot wide concrete sidewalk along Franklin Road, located a minimum of 53-feet from the centerline of the right-of-way, in an easement provided to the District or provide a road trust deposit in the amount of $6,800.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a 23-foot wide driveway that intersects Franklin Road approximately 50-feet east of the west property line and aligns with Gaudians A venue, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 3. Provide a minimum of ISO-feet of stacking distance (measured from the existing edge of pavement to the drive-thru window. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval ]. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 18 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. a. It is the responsibility ofthe applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking 13. It is found that the subject property is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. Only a small portion of the lot is to be used for the proposed temporary kiosk and related improvements. 14. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community" and is currently zoned L.O, with a planned development for a mixed use senior living facility. It is found that the requested use is in compliance with the approved Future Land Use Map and that if approved as a CUP the project will be in compliance with City ordinances. 15. It is found that the existing character is vacant, undeveloped land. The intended character of the general vicinity is a mixed-use senior living community. The site of the proposed temporary coffee kiosk is in an area intended for future commercial development. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. 16. It is not anticipated that the proposed use will adversely affect adjacent properties. 17. It is found that the proposed development can be adequately served by the essential public facilities and services. No sewer or water facilities are proposed for the kiosk, as it is entirely self-contained. Refuse disposal will be handled using existing dumpsters within the Meadow Lake Village project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 18 18. It is found that the proposed kiosk will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. All required improvements, including landscaping, paving, parking, etc. will be paid for by the applicant. Public utilities, such as water, sewer, and trash collection will not be required for the temporary facility. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. ACHD has reviewed and approved a modified access to address traffic issues. The proposed coffee kiosk should be a quiet, smoke/fume/odor-free use. The access to the kiosk is via an existing construction entrance for Meadow Lake Village already used by large trucks. So, additional traffic noise for Medimont Subdivision residents caused by the kiosk use should be minimal. To mitigate for any additional sight or sound impacts, the applicant is providing a buffer between land uses adjacent to Medimont Subdivision and is increasing the width from 25 feet as required by ordinance to 50 feet. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. The proposed right-inlright-out configuration, with two curb cuts was not approved by ACHD. Instead, they are allowing a single entrance aligned with Gaudians Way with full turning movements. The site plan will need to be redesigned to conform with ACHD requirements. Review of the ACHD report for this project will provide additional detailed information. 21. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. The one existing tree in the vicinity of the project will be maintained in the street buffer. No other natural or scenic features were found on the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 18 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67 -6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use pennit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive 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 ofthe general vicinity and that such use will not adversely change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 18 d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the L-O zone 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') ofthe external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 18 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 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 18 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 temporary drive-thru coffee kiosk in the L-Q zone located on the south of Franklin Road and east of Eagle Road on the Meadow Lake Village property, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. The temporary use shall be granted for 12 months, with a possible 12-month extension. To obtain the 12-month extension, the applicant must submit a written request to the Planning & Zoning Department. If any complaints are received for the coffee kiosk project prior to submittal of the extension request, a public hearing will be required with the Planning & Zoning Commission; otherwise the P&Z staff may approve the extension. 2. No freestanding signs are requested for the temporary kiosk and none are approved. Only on-building signage will be allowed in compliance with L-Q zone standards. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 3. At least two parking spaces, 9' by 19', shall be provided for employee parking. All parking and vehicular use areas associated with the proposed use shall be paved in accordance with City policy. Parking stall dimensions shall conform to Ordinance 12-13-4.F. 4. A buffer between land uses shall be provided in compliance with Ordinance 12-13-12 along the west property line for the extent of the temporary use. 5. A landscaped street buffer is required along Franklin Road, in conformance with Ordinance 12-13-10, for the extent of the temporary use. 6. Any 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 18 properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer COrd. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Post the address in 4" numbers on the front of the building facing the street. 2. Provide a 2AlOBC fire extinguisher mounted 3' to 5' off ofthe finished floor. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. 3. All laterals and waste ways must be protected. The Snyder Lateral courses through the property. The recorded easement for the lateral is forty feet, twenty feet each side from center. The easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. Further review for waste service access needs to be considered [as part of the CZC FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 18 process ]. E. Adopt the Recommendations of Central District Health Department as follows: I. We will require plans be submitted for a plan review for any beverage establishment. F. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of ApfJroval 1. Construct a minimum 5-foot wide concrete sidewalk along Franklin Road, located a minimum of 53-feet from the centerline of the right-of-way, in an easement provided to the District or provide a road trust deposit in the amount of $6,800.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a 23-foot wide driveway that intersects Franklin Road approximately 50-feet east of the west property line and aligns with Gaudians Avenue, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 3. Provide a minimum of 150- feet of stacking distance (measured from the existing edge of pavement to the drive-thru window. 4. 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. Replac 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 the District's Utility Coordinator at 387- 6258 (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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 18 herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shaH submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Constructio~ 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. a. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 18 holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 18 for Judicial Review may be filed. 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 7~A- _ day of {}uftJk ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED F- COUNCILWOMAN CHERIE Me CANDLESS VOTED ---/J:!2-v COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /0.-7-03 VOTED ---- MOTION: y APPROVED:~ DISAPPROVED: Attest: ~~ 1tUnt1~d~W~L . ~ /Ie [I-ded - tJt& &;wn ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 18 SEAL ) -"1: t?) ~ ~ 4--, "ct' 0 2 -;.. "0 "':::''f.Isr 1 S\ ..,z, ~ Copy served upon Applicant, Planning ancf%Oif1pg nWi\~ublic Works D d h C. /...... ....vUN1'{ ,\ . epartment an t e lty Attorney. "''''''lIfllillll n;t.<\\\\\\ ByA~-~~J ~ City Clerk Dated: ItJ- y-t $' "'" - - - ~ ~~ ~ ~ 7/\ u.s., . 51 . ..0 ;:: -;. "-'..., I "" " "/ ~T r. r;:;'<.f ,'" ......... ....~Or '^' ._.1 ~ ,\.' //1 ",ff~'~ ,"l t ..,\ 1111 -, . ..\\\' InUit H\lti\- Z:\Work\M\Meridian\Meridiall I 5360tvr\Coffee Kiosk by Donn Reiswig CUP-03-030\FfCls CUP.03-030.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE- THRU COFFEE KIOSK IN AN L-O ZONE, LOCATED EAST OF SOUTH EAGLE ROAD AND SOUTH OF EAST FRANKLIN ROAD, MERIDIAN, IDAHO DONN REISWIG, APPLICANT C/C 09/16/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-030 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on September 16, 2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a temporary drive-thru coffee kiosk in the L-Q zone located on the south of Franklin Road and east of Eagle Road on the Meadow Lake Village property, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. The temporary use shall be granted for 12 months, with a possible 12-month extension. To obtain the 12-month extension, the applicant must submit a written request to the Planning & ORDER CONDITIONAL USE PERMIT (CUP-03-030) PAGE 1 OF 7 Zoning Department. If any complaints are received for the coffee kiosk project prior to submittal of the extension request, a public hearing will be required with the Planning & Zoning Commission; otherwise the P&Z staff may approve the extension. 2. No freestanding signs are requested for the temporary kiosk and none are approved. Only on-building signage will be allowed in compliance with L-O zone standards. AlI signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 3. At least two parking spaces, 9' by 19', shall be provided for employee parking. All parking and vehicular use areas associated with the proposed use shall be paved in accordance with City policy. Parking stall dimensions shall conform to Ordinance 12-13-4.F. 4. A buffer between land uses shall be provided in compliance with Ordinance 12-13-12 along the west property line for the extent of the temporary use. 5. A landscaped street buffer is required along Franklin Road, in conformance with Ordinance 12-13-10, for the extent of the temporary use. 6. Any exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 8. 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 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, ORDER CONDITIONAL USE PERMIT (CUP-03-030) PAGE 2 OF7 striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Post the address in 4" numbers on the front of the building facing the street. 2. Provide a 2AlOBC fire extillguishermounted 3' to 5' offofthe finished floor. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. 3. All laterals and waste ways must be protected. The Snyder Lateral courses through the property. The recorded easement for the lateral is forty feet, twenty feet each side from center. The easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. Further review for waste service access needs to be considered [as part of the CZC process] . E. Adopt the Recommendations of Central District Health Department as follows: 1. We will require plans be submitted for a plan review for any beverage establishment. F. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct a minimum 5-foot wide concrete sidewalk along Franklin Road, located a minimum of 53-feet from the centerline of the right-of-way, in an easement provided to the District or provide a road trust deposit in the amount of $6,800.00 to be used for future sidewalk construction along the applicant's property. ORDER CONDITIONAL USE PERMIT (CUP-03-030) PAGE 3 OF7 2. Construct a 23-foot wide driveway that intersects Franklin Road approximately 50-feet east of the west property line and aligns with Gaudians Avenue, as proposed. Pave the driveway its 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. 3. Provide a minimum of ISO-feet of stacking distance (measured from the existing edge of pavement to the drive-thru window. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact 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 the District's Utility Coordinator at 387-6258 (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 ofldaho 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. ORDER CONDITIONAL USE PERMIT (CUP-03-030) PAGE 4 OF7 a. It is the responsibility ofthe applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking 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 penuit 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. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe ORDER CONDITIONAL USE PERMIT (CUP-03-030) PAGES OF? project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 this decision may, within twenty- eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER CONDITIONAL USE PERMIT (CUP-03-030) PAGE 6 OF 7 By action ofthe City Council at its regular meeting held on the 7.fk.- day of f)cfV~ ,2003. Attest: ByJ~~~9- City Clerk Dated: Z:\ Work\M\Meridian\Meridian 15360M'lCoffee Kiosk by DOllll Reiswig CUP.03.030\OrderCUP .doc ORDER CONDITIONAL USE PERMIT (CUP-03-030) PAGE70F7 October 3. 2003 CUP 03-035 MERIDIAN CITY COUNCIL MEETING APPLICANT Petra. Inc. October 7. 2003 ITEM NO. 3-G REQUEST Findings: Request for a Conditional Use Permit for a martial arts / self defense establishment for children in a C-N zone for Karate for Kids - southeast comer of South Linder Road and West Franklin Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 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: I..Tce. --rhompSCln See Attached Findings ~vY Date:~ Phone: 4ij}T-3~1-:t- LM. Materials presented at public meetings shall become property of the City of Meridian. oH'rce@Clrt,NW. COrY' interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVED SEP 2 6 2003 From: William F. Nichols City Of Meridian City Clerk Office BY: PETRA, INC. FOR CONDITIONAL USE PERMIT FOR KARATE FOR KIDS IN A C-N ZONE Subject: File No.: CUP-03-035 Date: September 26 2003 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. z:\ Work\M\Meridian\Meridian I 5360M\Karale For Kids CUP-03-035\ClkLlr CUPffcls&Order 09 26 03.do; BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A MARTIAL ARTS/SELF DEFENSE ESTABLISHMENT FOR CHILDREN IN A C-N ZONE, LOCATED AT THE SOUTHEAST CORNER OF LINDER AND FRANKLIN RAODS, MERIDIAN, IDAHO PETRA, INC., APPLICANT C/C 09/23/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-035 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 September 23,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 23,2003, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 19 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 23, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-N 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 the southeast comer of Linder and Franklin Roads, Meridian, Idaho. 5. The owner of record of the subject property is William J. and Jody Ann Buckner. 6. The applicant is Petra, Inc. 7. The subject property is currently zoned C-N. The zoning district ofC-N is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 19 defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The applicant requests the Conditional Use Permit for a martial arts/self defense establishment for children in a C-N zone. The Zoning Schedule of Use Control shows that all private schools require a Conditional Use Permit in the C-N zone (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan, which designates the property as Commercial. 10. The use proposed which is the subject of this application, will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 19 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. The existing 6" Siberian Elm tree may be removed from the site as proposed, without any additional mitigation per Ordinances 12-13-13-6 and 12-13-7-2. 2. The future 1,650 s.f. (maximum) expansion shall be approved through the Certificate of Zoning Compliance process and will not require a separate Conditional Use Permit. 3. The required rear setback will be measured from the east property line. The south property line must meet the interior side setback. 4. The proposed row of parking spaces with 13 spaces in a row is approved under the. Alternative Compliance provisions of Ordinance 12-13-18. 5. Minimum tree size for the project shall be 2" caliper per Ordinance 12-13-7-3. 6. Sanitary sewer and water service shall be from existing service lines on the property. Applicant shall coordinate connection location, size, and routing with the Public Works Department 7. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 8. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer COrd. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 19 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Parking is approved as depicted on the submitted site plan. The Commission concurs the project will have ample parking as shown. 13. Landscaping shall installed as depicted on the submitted landscape plan. The applicant testified at the hearing that no easement exists that would interfere with the trees shown in the street buffers. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Unifonn Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 4. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 5. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. The enclosure design looks good. However, further review for access needs to be considered [as part of the CZC process]. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 19 E. Adopt the Recommendations of Central District Health Department as follows: ]. No objections provided structure is connected to City water and sewer. 2. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3. The Engineers and architects involved with the design of the 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. F. Adopt the Recommendations ofthe Ada County Highway District as follows: 1. Construct a 35-foot wide (maximum) curb return driveway on Linder Road located 133-feet south of the edge of pavement from the Franklin Road intersection as proposed. Pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Linder Road with 15-foot curb radii pavement tapers abutting the existing roadway edge. This driveway is approved as a right-in/right-out access and should be signed accordingly. Coordinate the on site median construction with District staff. 2. Utilize the existing 30-foot curb return driveway adjacent to the east property line on Franklin Road as proposed. Pave the driveway to its full-required width and to a point 3D-feet beyond the edge of pavement of Franklin Road abutting the existing roadway edge. This driveway is approved as a full access driveway but may be restricted to right-inlright-out operations in the future if there is a safety or traffic concern. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 19 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIG LINE (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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 19 13. It is found that the subject property is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. The site plan shows all required street buffers, interior landscaping, perimeter landscaping, and more than enough parking for the building, including the future expansion. 14. The current Comprehensive Plan Land Use Map designates the property as "Commercial," and it is currently zoned C-N. It is found that the requested use is in compliance with the approved Future Land Use Map and that if approved as a CUP the project will be in compliance with City ordinances. 15. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The existing character of the general vicinity includes a gas station/fast food facility, an ACHD stormwater detention pond, tennis courts, and RV storage. The subject property has been zoned C-N for many years but has been vacant. Based on the existing zoning, the intended character of the site is for "small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood." (MCC 11-7 -2.H.) The commercial designation on the Comprehensive Plan demonstrates that the site is intended for a commercial use. 16. It is not anticipated that the proposed use will adversely affect adjacent properties. 17. It is found that the proposed development can be adequately served by the essential public facilities and services, including: highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. The project was approved by the ACHD Commission on July 23,2003. Review ofthe Police and Fire reports will provide further information from those entities. Sanitary Services Company (SSC) will provide refuse disposal services to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 19 18. It is found that the proposed karate facility will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. The proposed curb cut locations do not meet standard ACHD policies for distance from the intersection. However, the proposed curb cut locations were approved by the ACHD Commission on July 23, 2003. Review of the ACHD report for this project will provide additional information. 21. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. No natural features of major importance exist on the site. One tree greater than 4" caliper exists on the site, and may be removed without mitigation, which is described in the Planning and Zoning conditions listed above under 12. A. 1. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 19 Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use wilt be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 19 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 C-N zone 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 recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 19 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 for a martial arts/self defense establishment for children in the C-N zone located at the southeast comer of Linder and Franklin Roads, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 19 1. The existing 6" Siberian Elm tree may be removed from the site as proposed, without any additional mitigation per Ordinances 12-13-13-6 and 12-13-7-2. 2. The future 1,650 s.f. (maximum) expansion shall be approved through the Certificate of Zoning Compliance process and will not require a separate Conditional Use Permit. 3. The required rear setback will be measured from the east property line. The south property line must meet the interior side setback. 4. The proposed row of parking spaces with 13 spaces in a row is approved under the Alternative Compliance provisions of Ordinance 12-13-18. 5. Minimum tree size for the project shall be 2" caliper per Ordinance 12-13-7-3. 6. Sanitary sewer and water service shall be from existing service lines on the property. Applicant shall coordinate connection location, size, and routing with the Public Works Department. 7. All exterior lighting, whether attached to the building Of located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 8. All signage shall be in accordance with the standafds set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 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 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 19 striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Parking is approved as depicted on the submitted site plan. The Commission concurs the project will have ample parking as shown. 13. Landscaping shall installed as depicted on the submitted landscape plan. The applicant testified at the hearing that no easement exists that would interfere with the trees shown in the street buffers. B. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 4. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 5. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. The enclosure design looks good. However, further review for access needs to be considered [as part of the CZC process]. E. Adopt the Recommendations of Central District Health Department as follows: 1. No objections provided structure is connected to City water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 19 2. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Ada County Highway District as follows: 1. Construct a 35-foot wide (maximum) curb return driveway on Linder Road located I 33-feet south of the edge of pavement from the Franklin Road intersection as proposed. Pave the driveway to its full-required width and to a point 3D-feet beyond the edge of pavement of Linder Road with IS-foot curb radii pavement tapers abutting the existing roadway edge. This driveway is approved as a right-in/right-out access and should be signed accordingly. Coordinate the on site median construction with District staff. 2. Utilize the existing 3D-foot curb return driveway adjacent to the east property line on Franklin Road as proposed. Pave the driveway to its full-required width and to a point 30- feet beyond the edge of pavement of Franklin Road abutting the existing roadway edge. This driveway is approved as a full access driveway but may be restricted to right- in/right-out operations in the future if there is a safety or traffic concern. 3. 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 the District's Utility Coordinator at 387-6258 (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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 19 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shan 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. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code Sl1-17-9. 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 pennit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 19 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 19 AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of 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 7-f~ day of {JviPbvv ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED~A-- COUNCILMAN WILLIAM L.M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /D'-7-o3 , VOTED -----"' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 19 MOTION: APPROVED:+ DISAPPROVED: Attest: By~'k~, ~ City Clerk . Dated: ,,\,1111111111/11 ,,\ c: M;::-~ 'it/ ,...\\ --( Of '"-rf1D III" ","__~ "-1. /'l .f' V" ~o~OfT..1 h '1; ~ ... ~'^-::. ~ ~ v ~ -() J ff ~ SEA.L - y~ <<::: ~.~ ~ ~ ~ 1'0 us, 15\ . X9 .f ......... .,.,,/ "",'t- ~ //" \\,1..." //11; \.0< OtIP1T'i t ,\.\.' III. . ..\\\\ I ii;~h1.d\'~ Z:\Work\M\Meridiun\MeridiunI5360MIKurate For Kids CUP-03-035\FK:ls CUP-03-035.dcc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A MARTIAL ARTS/SELF DEFENSE ESTABLISHMENT FOR CHILDREN IN A C-N ZONE, LOCATED AT THE SOUTHEAST CORNER OF LINDER AND FRANKLIN ROADS, MERIDIAN, IDAHO PETRA, INC., APPLICANT C/C 09/23/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-035 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on September 23,2003, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a martial arts/self defense establishment for children in the C-N zone located at the southeast comer of Linder and Franklin Roads, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: ORDER CONDITIONAL USE PERMIT (CUP-03-035) PAGE 1 OF 8 1. The existing 6" Siberian Elm tree may be removed from the site as proposed, without any additional mitigation per Ordinances 12-13 -13 -6 and 12-13-7-2. 2. The future 1,650 s.f. (maximum) expansion shall be approved through the Certificate of Zoning Compliance process and will not require a separate Conditional Use Permit. 3. The required rear setback will be measured from the east property line. The south property line must meet the interior side setback. 4. The proposed row of parking spaces with 13 spaces in a row is approved under the Alternative Compliance provisions of Ordinance 12-13-18. 5. Minimum tree size for the project shall be 2" caliper per Ordinance 12-13-7-3. 6. Sanitary sewer and water service shall be from existing service lines on the property. Applicant shall coordinate connection location, size, and routing with the Public Works Department 7. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 8. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 9. All construction and site improvements shall confonn to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer COrd. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. ORDER CONDITIONAL USE PERMIT (CUP-03-035) PAGE20F8 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Parking is approved as depicted on the submitted site plan. The Commission concurs the project will have ample parking as shown. 13. Landscaping shall installed as depicted on the submitted landscape plan. The applicant testified at the hearing that no easement exists that would interfere with the trees shown in the street buffers. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 4. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 5. All fire lanes shall have an unobstructed width of20'. UFC 902.2.1 C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Sanitary Services Company as follows: ORDER CONDITIONAL USE .PERMIT (CUP-03-035) PAGE 3 OF8 1. The enclosure design looks good. However, further review for access needs to be considered [as part of the CZC process]. E. Adopt the Recommendations of Central District Health Department as follows: 1. No objections provided structure is connected to City water and sewer. 2. Stormwater shall he pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3. 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. F. Adopt the Recommendations of the Ada County Highway District as follows: 1. Construct a 35-foot wide (maximum) curb return driveway on Linder Road located 133-feet south ofthe edge of pavement from the Franklin Road intersection as proposed. Pave the driveway to its full-required width and to a point 3D-feet beyond the edge of pavement of Linder Road with 15-foot curb radii pavement tapers abutting the existing roadway edge. This driveway is approved as a right-in/right-out access and should be signed accordingly. Coordinate the on site median construction with District staff. 2. Utilize the existing 30-foot curb return driveway adjacent to the east property line on Franklin Road as proposed. Pave the driveway to its full-required width and to a point 3D-feet beyond the edge of pavement of Franklin Road abutting the existing roadway edge. This driveway is approved as a full access driveway but may be restricted to right-in/right-out operations in the future if there is a saftty or traffic concern. 3. 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. ORDER CONDITIONAL USE PERMIT (CUP-03-035) PAGE 4 OF8 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 the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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 ORDER CONDITIONAL USE PERMIT (CUP-03-035) PAGE50F8 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. 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 permi t. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) ORDER CONDITIONAL USE PERMIT (CUP-03-035) PAGE 6 OF 8 month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 this decision may, within twenty- eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER CONDITIONAL USE PERMIT (CUP-03-035) PAGE 7 OF8 By action of the City Council at its regular meeting held on the 74 day of tYcm~ ,2003. Attest: 'Re~~~ U~~eWebL?6 \\,,\~f}1 . - CtJ, {!ottvrLec:t ,""_l Of lifl fflD/ 1//1/ " ~~ I'll 'i ~" c} ~ ~11r ~ $' ..G )-~^ ~ ,~- v - - ~ ~ ') SEAL B~~~A "1'. c5J ~ ~ ~u "Qi" 0 f ~ 7^ '&, 1S\ . ,?'.:::- ;' v~ ~... "'" 'l" - 1 C f.) ".... . "I,,. 01 f\I.;r"Y. .' ," . Copy served upon ApplIcant, the Plannrng,~lW},<?mpg\Department, PubltcWorks Department and City Attorney. \,\IIUIlIIU/f", \" t: Me, 'I, ,"\.J Ol Q"'f/l" 1,1._ ", ~ ~ V/"", ...... .:::-" c} a~ A - 1/].; 'i, .:::- Cp'~ -''''lr~ -;. ~ ~ 0 ~ Dated: If) -9~3 ~ ~ Z:\Work\M\Meridian\Meridian I 5360M\Karnte For Kids CUP-03-035\OrderCUP.doc % "10 "''l/ ;..:; .//1/1 II/it.. i" ORDER CONDITIONAL USE PERMIT (CUP-03-03S) PAGE80F8 October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Parks Department October 7,2003 3 - If ITEM NO. REQUEST Approve / Award Bid for Bear Creek Park Restrooms -- Haemker General Contracting Company: 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 COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Bid Sheet ~1fP Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publ1c meetings shalf become property of the City ot Meridian. Meridian Parks & Recreation Memo RECEIVEn SEP 2 6 2003 City of Meridian City Clerk Offi(l~ To: From: Date: Re: Mayor Corrie I City Council Doug Strong ;:IJJ . September 26, 2003 Consent Agenda Items The Parks Staff is requesting approval of the bid proposal for construction of the Bear Creek Park Restroom Building under the consent agenda items for your October 07, 2003 meeting, which is listed below. 1. The low bi<;.ider was Haemker General Contracting Co. Nampa, Idaho at $115,000.00 2. The Park Staff feels that this is aesthetically well designed building that will benefit the neighborhood and the city park users. The building will provide park users with restroom facilities and a small maintenance room for Park Staff. _t> ~~ cole j associates architects, P.A. 960 BROADWAY. SUITE 240 BOISE, JD 83706 (206) 331.3200 FAX (206) 331.3244 emajl caa@coJearch.com September 25, 2003 Doug Strong Meridian Parks and Recreation 11 W. Bower Street Meridian, Idaho 83642 RE: Bear Creek Restroom Mr. Strong We have reviewed the bids submitted for the Bear Creek Restroom project on September 24, 2003. It appears that the low bidder Haemker General Contracting has submitted a responsive bid. It is Cole I Associates recommendation that the contract be awarded to Haemker General Contracting for $115,000.00 and to include the Alternate NO.1 for $1 ,496.00 if sufficient funds exist for the alternate. If you have any questions please give me a call at (208) 331-3200. Sincerely ~~ Kirk Morris COLE I ASSOCIATES J: \[ y J <:to "4- ~ ~ x ~ s ~ t<) ~ }o ~ :! i 1 ~ 1\ ~1 ~~ ~~ (I) .- .- t:. 2(1) Q.~ "0 .- CD a a ~~ \:::J I -:::~ ft -..... ~ o ~o a (\j CJ w ...... ~\lj 0iJ ~ 0\" ~\'- .* \c) -:::t- r-- ~ .fiJ -..... '^" j.; (1) "0 -0 co 'O~II) (1) 0 "" ~~~~ ';._ lU." 0.. tf) e.- ooCS""tO "" 0..... o-'Oc.o _(1)-'0 ~~-::(1) II) _ 'v "'" o 0.; "'" .- o..e'!6- o 0 (1) (I) Q:o(!)" ~ ~~ \'s~ a~~ \<)~ - ~ .' 'i ':> o ~ e to ) ~ ~ D ) ...... ~ ~ -0 co ~ o ~ C>O {lJ -3Y ~. t<)-- (\j~ --- .~ D J- <()~ CJ .~ -., \f) -- ~ --- ~ . . 'i :::>> o ~ 9 to "0 (1) ~~II) 0"'" ,..._ ._ (1) -etf)~-o s.'Oe:S o~""'tO "'" 0..... o..'Oc.o _(1)-"0 ~ -a; -:: (1) II) - ,,. "" o O.i "'" .- o..e'!6- Oo(1)4) Q:o(!)<<- -- -- 'io\ fa ~ . -..) ~ October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3-' REQUEST Beer / Wine License Transfer from Steve Eddy Chevron to Jackson's Food Stores- Locust Grove Chevron, 1950 East Fairview Avenue: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become property of the CIty of MeridIan. ( October 3.2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 '3~:r ITEM NO. REQUEST Beer / Wine License Transfer from Steve Eddy Chevron to Jackson's Food Stores -- Eagle Road Chevron, 3100 East Magic View Drive: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY 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: ~.rJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the Clly of Meridian. October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3-K REQUEST Beer / Wine License Transfer from Steve Eddy Chevron to Jackson's Food Stores - Meridian Chevron, 180 East Central Valley Drive: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTH ER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 71 2003 ITEM NO. 3- L REQUEST ACHD Warranty Deed for Locust Grove Fire Station: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Deed ~ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Fire Deparbnent 540 E. Franklin Road Meridian, 10 83642 208-888-1234 Fax 208-895-D390 Memo From: City Attorney Bill Nichols, Mayor Robert Corrie, City Council Members and City Clerk Will Berg RE CE lVE D Chief Ken W. Bowers SEP 2 6 2003 To: Date: Re: September 25, 2003 City Of Meridian City Clerk Office ACHO Here are copies from ACHD for the Warranty Deed, Storm Water Drainage Easement, and the Traffic Signal Easement for Station #3 at 3545 N. Locust Grove. City Clerk Will Berg states that these could be put on the Consent Agenda, October 7,2003. If you have any questions, please call me. Thank you, -7<?J3~ Chief Ken W. Bowers . Page 1 -j Meridian Fire Station MC2C-03-003 T 4N, R 1E, Sec 31 (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this day of ,2003, CITY OF MERIDIAN AN UNDIVIDED 74% INTEREST AND MERIDIAN RURAL FIRE PROTECTION DISTRICT AN UNDIVIDED 26% INTEREST, AS TENANTS IN COMMON the "GRANTOR" and .ADA COUNTY HIGHWAY DISTRICT, a ,body politic and corporate of the State ofIdaho, the ItGRANTEE"; WIT N E SSE T H: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditan1ents and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premi s es"). SUBJECT TO general taxes and assessments for the current year which are not yet due and payable, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. Warranty Deed, page 1 (10/27/01) S:\ACHDRW\Deeds-Easements\Wammty Deed-Meridian Fire Station,doc ( The current address of the GRANTEE is: Ada County Highway District 318 East 37th Street Garden City, Idaho 83714-6499 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by and on behalf of the GRANTOR, the day, month and year herein first above written. Honorable Mayor: Robert D. Corrie ~ . . . . ~ . . . .. . ... " .. . -I- .. . . . .. ... . . . . t . ... .. . ... ... ... ... . ... .. .. .. , .. .. . .. . .. .. .. .. .. ~:~~ \!:! :~ .. , .. .. .. .. . .. .. "'" " .. .. .. .. .. .. .. . .. t ... ... .. .. .. , .. .. .. .. ... .. 00- . ... ... .. ... ... ... ... . .. .. .. -'"'" . ... .. ... . . "'."" ... ... ... .. .. . Attest to: . .. .. .. .. ... ... '" ~ .. .. .. .. .. .. .. .. ... ... .. .. .. ... .. .. .. .. ... .. .. .. ... ... " .. .. .. . .. .. .. ... .. ... ~ ... " .. .. ... .. ... .. .. .. .. " :;~:;:;:;:;) .. ... ... . . ... ... ... ... oil- .. .. ... .. ... .. .. ... .. + .. .. .. .. .. .. .. .. .. .. . ... .. '" .. .. .. .. .. ... + " " .. " . " ... STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2003, before me, , a Notary Public in and for the State of Idaho, personally appeared the Honorable Mayor Robert D. Corrie, known or proved to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. :.:.:.:.:.:.:.:.: ... . " " ~ . ... . .. .. .. .. ... .. , ~ .. Notary Public for Idaho Residing at My commission expires , Idaho : ~~ ~ ~ ~ ~ : ~ : i ... .. ... .. .. .. " . I . . ... ... ... .. ... .. ... ... ... ... ... . ... .. . . . . . .. .. ... . ... ... ... ... ... ... . ... .. ... ... ... . ... . ... . ... ... ~ .. .. .. .. ... Warranty Deed, page 2 (10/27/01 ) S:\ACHDRW\Deeds-Easements\Warranty Deed-Meridian Fire Station.doc . 2003 II :49AM No,1851 P,6/7 pV~fOO~ ~ CIIIll. AND STRUCTURAL ENGINEEIUNG DESCRlPTJON FOR: MERIDIAN FIRE STATION #3 - LOCUST GROVE ROAD 33' RIGHT OF WAY TO BE DEDICATED TO PUBUC Job # 104-02 7-25-2003 IN TIIE SE 1/4 OF SE 1/4 OF SECTION 31, T 4 N, R 1 E, B.M. A portion of the Southeast 1/4 of the Southeast 114 of Section 31, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Southeast comer of Section 31, T ownsbip 4 North, Range 1 East of the Boise M~riclian, Ada County, Idaho, which is marked by a found brass monument; thence North 00016'38" East 1109.06 feet along the Easterly boundary of the said Southeast 1/4 of the Southeast 1/4 to a set Mag Nail on the center line of North Locust Grove Road, whlcb is the INITIAL POINT oftbis description. thence South 89059'04" West 33.00 feet to a set 1/2" iron pin with a plastic cap; thenee North 00016'38" East 220.44 feet along a line parallei with and 33.00 feet Westerly of llie Easterly boundary of the Southeast 1/4 of the Southeast 1/4 to a set 1!2" iron pin 'With a plasti-: cap on the Northerly boundary of the said Southeast 1/4 of the Southeast 1/4; thence North 89059'0411 East 33.00 feet to a set PK Nail on the Easteily boundary of the said Southez.st 1/4 of the Southeast 1/4; tbenee South 00Q16'38" West 220.44 feet along the Easterly boundary of the said Southeast 1/4 of the Southeast 1/4, to the INITIAL POINT of this description. TIllS parcel contains 0.167 acre, more or less; and is subject to all existing easements and rights ofwa~'. EXHIBIT "A" C;\l)ESCRIPn i (4-02MERfm:RW.DOC Tre~5nrr; Vaney p.ng:l1eers, 1n1:. 5680 E Fnmkin Rd.. SUlt:' 2:0 :~Wjlp(l, Joanc 83687 Office: (208) 463-0305 Fax: COg) 463-4391 ',<'","".T r~aslJreV :'\1!('yEngil"l~'[ .com I 200311:49AM r 30 15 0 ~~ l 30 r= SCALE IN FEET MERIDIAN FIRE STATION #3 ACHD EXHIBIT FOR EASEMENTS 60 J (0". No. I 851 P, 7/7 NE COR. 5E1/4 5E1/4 SEC. 31~ 8 N 8lr:;i9'04"E 39.21 N OO'59'Of'E :aoo ~ !'" ~ ~ 0.050 N; STORM DRAINAGE AAEA EASEMENT :::;: It:l IlO oj t'- ?~ ~~ <0'- ~ o g~ ~ "'~ t-- W 26.62 S 89'59 0{ 'W ~ g If ~~ wo ~ z 90 1 )(0 5 B9"5S'O+"w 33.00 q Cl o ~ ~ pl ~ w ~ SE COR. SEC. 31, 8 HN, R1 E, 8.M, UsnCK ROAD % ( October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7,2003 ITEM NO. 3-m REQUEST Storm Water Drainage Easement for Locust Grove Fire Station: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Easement ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeUngs shall become property of the City of Meridian. ( Meridian Fire Department 540 E. Franklin Road Meridian, 10 83642 208-888-1234 Fax 208-895-0390 Memo To: From: City Attorney Bill Nichols, Mayor Robert Corrie, City Council Members and City Clerk Will Berg R,E (; E IV~E D Chief Ken W. Bowers SEP 2 6 2003 Date: Re: September 25, 2003 City Of Meridian City Clerk Office ACHD Here are copies from ACHO for the Warranty Deed, Storm Water Drainage Easement, and the Traffic Signal Easement for Station #3 at 3545 N. Locust Grove. City Clerk Will Berg states that these could be put on the Consent Agenda, October 7,2003. If you have any questions, please call me. Thank you, "7<?v5 0vG~ Chief Ken W. Bowers . Page 1 --' Meridian Fire Station MCZC-03-003 T 4N, R 1 E, Section 31 (Space Reserved for Ada County Recorder) PERPETUAL STORM WATER DRAINAGE EASEMENT This Perpetual Storm Water Drainage Easement ("Easement") is made as of the day of , 2003, by and between CITY OF MERlDIAN AN UNDIVIDED 74% INTEREST AND MERIDIAN RURAL FIRE PROTECTlON DISTRICT AN UNDIVIDED 26% INTEREST, AS TENANTS IN COMMON (hereinafter "Grantor") and Ada County Highway District, a body politic and corporate of the State of Idaho (hereinafter "ACHD"); WIT N E SSE T H: For good and sufficient consideration it is agreed: Section 1. Recitals. 1.1 Grantor owns a parcel of real property located in Ada County, Idaho, a portion of which is more particularly described and depicted on Exhibit "A" attached hereto (the "Servient Estate"). 1.2 Grantor is developing the parcel for a commercial purpose, and in connection with such development has been required to improve the adjacent public street under the jurisdiction of ACHD which is municipally known as Locust Grove Road (hereinafter the "Dominant Estate") to current ACHD standards where it adjoins the parcel, including, among other improvements, the installation of curb and gutter. In order to safely remove storm water from the Dominant Estate where it adjoins the parcel after the curb and gutter is installed, Grantor has agreed to construct and install a storm water drainage swale on the Servient Estate along with associated underground storm water drain lines from the Dominant Estate into the storm water drainage swale (the swale and lines are hereinafter referred to as the "Storm Water Drainage System"). 1.3. After construction and installation of the Storm Water Drainage System it will become a part of ACHD's highway system, and to formalize such transfer ACHD desires to obtain this Easement from Grantor, and on the terms and conditions hereinafter set forth the Grantor is willing to grant such Easement to ACHD. Storm Water Drainage Easement, page 1 (1/03/03) S:\ACHDRW\Deeds-Easements\Stonn Drain Easement-Meridian Fire Station.doc Grant of Easement 2.1 For the period and on the terms and conditions hereinafter set forth, for the benefit of the Dominant Estate, Grantor hereby grants to ACHD an easement on and under the Servient Estate for the Storm Water Drainage System and for the passage and retention of storm water from the Dominant Estate to, into, on, under, over and across the Servient Estate in the Storm Water Drainage System, and for the repair and maintenance, reconstruction and enhancement of the same (hereafter "Authorized Use"). Enhancement means any construction, modifications or improvements to the Storm Water Drainage System, including, but not limited to, work on the storm water drainage swale, drain lines, catch basin, drop inlets, street gutters, and conduit systems constructed to manage storm water flows, surface and groundwater quality and to provide erosion and sedimentation control so as to comply with the requirements of federal, state and local laws and ordinances. 2.2 The Easement herein granted is exclusive to ACHD, and no structures, fences or other improvements are to be constructed, or landscaping planted, or use authorized on the Servient Estate by Grantor or Grantor's successors or assigns to the underlying title thereto without the prior written consent of ACHD. Such consent will not be given if, in its sole discretion, ACHD determines the proposed improvement and/or landscaping and/or use may interfere with ACHD's Authorized Use of the Servient Estate. When such consent is given, (i) Grantor has the sole responsibility to maintain and repair such improvements, including irrigation of landscaping, and (ii) if any structures, fences, landscaping or other improvements constructed or planted on the Servient Estate must be removed in order for ACHD to perform its obligations to repair and maintain the Storm Water Drainage System, the costs of removal and replacement or restoration of the same shall be the sole obligation of Grantor, and (Hi) in any use of the Storm Water Drainage System by Grantor, Grantor shall not allow the presence, use, generation, release, discharge, storage or disposal in, on or under the Servient Estate of any hazardous materials. Hazardous Material is defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any applicable federal, state or local law. Section 3. Construction; Acceptance; Repair and Maintenance; Grantor Indemnification; Contractor Warranties. 3.1 At Grantor's sole cost and expense, Grantor shall construct and install the Storm Water Drainage System on the Servient Estate in accordance with designs, plans and specifications approved by ACHD in advance and in writing, and in compliance with all applicable statutes, ACHD policies and standards, and good engineering practices. During construction Grantor shall give ACHD reasonable notice and opportunity to inspect the same. 3.2 When, by written notice given Grantor, ACHD accepts the Storm Water Drainage System as constructed and installed by Grantor on the Servient Estate, ACHD shall maintain and repair the same thereafter, at its sole cost and expense. Storm Water Drainage Easement, page 2 (1/03/03 ) S:\ACHDRW\Deeds-Easements\Stonn Drain Easement-Meridian Fire Station.doc / ( ./ 3.3 Grantor shall enforce for the benefit of ACHD any warranties contained in the contract for the construction and installation of the Storm Water Drainage System. Section 4. Indemnification. 4.1 Grantor shall indemnify and save and hold harmless ACHD, its Commissioners and employees, from and against all claims, actions, judgments and expenses (including, without limitation, reasonable attorneys' fees incurred by ACHD in defense thereof) for damages, injury or death caused by or arising out of Grantor's construction and installation of the Storm Water Drainage System. In addition, if ACHD consents to improvements and/or landscaping and/or Grantor's proposed use under Section 2.2, Grantor shall indemnify and save and hold harmless ACHD, its Commissioners and employees, from and against all claims, actions or judgments for damages, injury or death, caused by or arising out of Grantor's activities, including the use of the same, the construction, installation, maintenance and repair of improvements and/or landscaping and/or Grantor's failure to comply with applicable federal, state and local laws. 4.2 Grantor shall indemnify and hold harmless the Servient Estate from and against any and all claims for liens or liens arising out of Grantor's construction and installation of the Storm Water Drainage System on the Servient Estate. 4.3 Following its acceptance of the Storm Water Drainage System as constructed and installed by Grantor, subject to the provisions of, and limits of liability set forth in, Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its use of the same, or its failure or neglect to maintain and repair the Storm Water Drainage System. Section 5. Term. The term of this Easement is perpetual. Section 6. Covenants Run with the Land. Throughout the term of this Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. Section 7. Attorneys Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. Section 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Section 9. Successors and Assiqns This Easement and the covenants and agreements made herein shall inure to the benefit of, and be binding upon, ACHD and Grantor, and Grantor's successors and assigns to the Servient Estate. Storm Water Drainage Easement, page 3 (1/03/03 ) S:\ACHDRW\Deeds-Easements\Storm Drain Easement-Meridian Fire Station.doc Section 10. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery, by United States Mail Certified, Return Receipt Requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 ACHD: Ada County Highway District 318 East 37th Street Garden City, Idaho 83714-6499 Section 11. Recordation. This Easement shall be recorded in the Real Property Records of Ada County, Idaho. Grantor covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate; and, (b) Grantor warrants to the ACHD that Grantor is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. Section 12. Warranty of Authority to Execute 12.1 The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 12.2 If Grantor is not a natural person, the person(s) executing the Agreement on behalf of Grantor represent(s) and warrant(s) due authorization to do so on behalf of Grantor, and that upon execution of this Agreement on behalf of Grantor, the same is binding upon, and shall inure to the benefit, of Grantor. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first set forth above. City of Meridian Honorable Mayor: Robert D. Corrie . . ~ ~ ~ - '" . . . . .. . . . . '" '" '" '" . . . . . '" ~ . '" . '" . . '" \~:i:;:;>: :::::::.::::::::::: . . . '" '" . . . . . . '" . . . ~ . . . . '" . . . . . . '" - . - . . . . Storm Water Drainage Easement, page 4 (1/03/03 ) S:\ACHDRW\Deeds.Easements\Storm Drain Easement-Meridian Fire Station.doc Attest to: . . . . . . ~ . . . . . . . . ~ ... 4 . . . . '" . . . . .. .. .. . . .. .. . . . .. .. .. ... . .. . . .. . . + . . . .. .. .. .. .. ... . .. .. ... ... . . . .. ~:. ~~. ~ ... . . . .. .. .. . .. .. .... .. . .. .. .. . ~ .. .. ... .. . . .. .. . .. .. . ... . .. . .. .. . .. . .. .. .. . . ... ... . . . .. ... .0- . '" . Ada County Highway District William J. Schweitzer, Director STATE OF IDAHO ) ) ss. County of Ada ) On this day of 2003, before me, , a Notary Public in and for the State of Idaho, personally appeared the Honorable Mayor Robert D. Corrie, known or identified to me to be the person who executed this instrument, and acknowledged to me that he executed the same. . .. .. .. . . .. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official ::::::<::::::::: seal the day and year first above written. ~~~'.<'.:~:~ . . ... . .. . . . . . .. . .. .. .. ... . . .. . .. . . , ... '" .. . . . . .. . . .. . . . . . . . '" .. . ... . . . . '" . .. . .. . . Notary Public for Idaho Residing at: My commission expires: Storm Water Drainage Easement, page 5 (1/03/03) S;\ACHDRWlDeeds-Easements\Stonn Drain Easement-Meridian Fire Station. doc STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of ,2003, before me, , a Notary Public in and for the State of Idaho, personally appeared William J. Schweitzer, known or identified to me to be the Director of the Ada County Highway District, the person who executed this instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day, month and year in this certificate first above written. Notary Public for the State of Idaho Residing at 1 Idaho My Commission expires: Storm Water Drainage Easement, page 6 (1/03/03 ) S:\ACHDRW\Deeds-Easements\Stonn Drain Easement-Meridian Fire Station.doc J I. L V V J I I . '+ :It\l~i 1\ U . I oJ;) It'. !:" i I ~~ !~lffif VALLEY EN~D~ iJWW~,::i'z~:::.::): tlllijW '._.<"h .~'_,_"C~' . CIVIL AND fjTRUCTORA L ENGINEEJUNG DESCRIPTION FOR: MERIDIAN FIRE STATION #3 - LOCUST GROVE ROAD STORM DRAINAG:; AREA EASEMENT Job # 104~02 7M25-2003 IN THE SE 1/4 OF SE 1/4 OF SECTION 31, T 4 N, R 1 E, B.M. A portion o::the Southeast 1/4 of the Southeast 1/4 of Section 31, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast comer of Section 31, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, which is marked by a fOl.ll1d brass monument; then::e North 00016'38" East 1329.50 feet aJong the Easterly boundary of the said Southeast 1/4 of the Southeast 1/4 to a set PK Nail on the center line of North Locust Grove Road, which is also the Northeast corner of the said Southeast 1/4 of the Southeast 1/4; . theOi~e South 89c59:04" West 33.00 feet to a set 1/2" iron pin with a plastic cap, which is the INITIAl, POINT of this description. thenl)e South 00016'38" West 108.90 feet along a line parallel with and 33.00 feet Westerly of the Easterly boundary of the Southeast 1/4 of the Southeast 1/4 to a point; thenl;e North 89c59'04" West 12.55 feet to a point; thenl;e North 00016'38:', East 78.90 feet to a point; thenGe South 89059:04" West 26.62 feet to a point; thenee North 00011: 56'1 East 30.00 feet to a pomt on the Northerly boundary of the said Southeast 1/4 of the Southeast 1/4; thence North 89059'04" East 39.21 feet along the Northerly boundary of the said Southeast 1/4 of the Southeast 1/4, to the INITIAL POINT of this description. This parcel contains 0.050 acre, more or less, and is subject to all existing easements and' rights ofwa:,. C;\OESCRJ}>1\1 (14-02MffiUireSDDOC EXHIBIT "A" TreaSlJft: V~lley Engineers, mc. 5680 E frankin Rd, Suiie no =-<an1pa, j6th~' 836Si Offke: (208) 463-0:;\05 F:.'l);': (208) 4.63-4391 \vv:\\' + Trea..::';r~ \/ :'.l:J ~eyEng~nCl:.'T _c~:rm r i ! I J 1. 2003 11: 49AM 30 15 ~~ ( i, o I 30 =l SCALE IN FEET MERIDIAN FJRE STATION #3 ACHD EXHIBIT FOR EASEMENTS No. 1 8 5 1 p. 7/7 NE COR. SE1/4 5E1/4 SEC. 31~ 8 N 69"59'O+"E 39.21 N lI9'59'on: 33.00 ~ !-" i& ~ o.o~ N; STORM DRAJNAGE AREf" EASEMENT "" 10 rq ?;. o l=~ ~~ 10- ~~ 1Il~ a:> ~ 26.62 S 89"59 04 o CI) ~ g II ~+ we;; ~ 8 :z: 60 I 90 1 , S BEroS'Of-W 33.00 ~ ~ 0; o ~ ,w ~ <0 ~ S( COR. SEC. 31, 8 HN, R1 E, 8.1.1. UST1CK ROAD :z: October 3,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3-N REQUEST Traffic Signal Easement for Locust Grove Fire Station: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Easement ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Fire D~partment 540 E. Franklin Road Meridian, 1083642 208-888-1234 Fax 208-895-0390 Memo To: From: City Attorney Bill Nichols, Mayor Robert Corrie, City Council Members and City Clerk Will Berg R,E C E IV~E_D Chief Ken W. Bowers SEP 2 6 2003 Date: September 25, 2003 City Of Meridian City Clerk Office Re: ACHO Here are copies from ACHD for the Warranty Deed, Storm Water Drainage Easement, and the Traffic Signal Easement for Station #3 at 3545 N. Locust Grove. City Clerk Will Berg states that these could be put on the Consent Agenda, October 7,2003. if you have any questions, please call me. Thank you, "NJ5 CAA--~ Chief Ken W. Bowers . Page 1 ...---' Meridian Fire Station MCZC-03-003 (Reserved for Ada County Recorder) RIGHT-Of-WAY EASEMENT (Traffic Signal) THIS RIGHT-OF-WAY EASEMENT (Traffic Signal) (the "Agreement"), is made and entered into this _ day of , 2003, by and between CITY OF MERIDIAN AN UNDIVIDED 74% INTEREST AND MERlDlAN RURAL FIRE PROTECTION DISTRICT AN UNDIVIDED 26% lNTEREST, AS TENANTS lN COMMON, hereinafter referred to as "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter referred to as nACHO"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION IT IS AGREED: SECTION 1. Recitals. 1.1 GRANTOR owns the real property located in Ada County, Idaho more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2 ACHD owns and has exclusive jurisdiction over the public rights-of-way and Highways (as used in the Agreement, the term "Highway" is as defined in Idaho Code, section 40-109(5)) located in Ada County, Idaho and including the Highways which abut and adjoin the Servient Estate (the "Dominant Estate"). 1.3 ACHD desires to obtain an easement on, over and across the Servient Estate for the benefit of the Dominant Estate for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACHD. Traffic Signal Easement - page 1 (1 0-1 0-01 ) S:\ACHDRW\Deeds-Easements\Traffic Signal Easement-Meridian Fire Station.doc SECTION 2. Grant and Authorized Use. 2.1 GRANTOR hereby grants to ACHD an easement for the following uses and purposes, and no others: to place traffic signal poles and hardware and traffic detection loops (hereinafter the "Traffic Signal") on, under and over the Servient Estate, and access to construct, install, repair and maintain the same, as such Traffic Signal is depicted on Exhibit "A" attached hereto and by this reference made a part hereof. 2.2 This Agreement does not extend to ACHD the right to use the SeNient Estate to the exclusion of GRANTOR, and ACHD's rights under this Agreement are subject to the rights of the GRANTOR and GRANTOR's agents and contractors to use the SeNient Estate and landscape and irrigate the same, provided the structural and operational integrity of the Traffic Signal is not compromised by such activities, and further that such other uses do not interfere with the ability of ACHD to repair and maintain the Traffic Signal. SECTION 3. Consideration. As consideration for the grant of this easement ACHD agrees to pay GRANTOR DOLLARS ($ ), receipt of which is hereby acknowledged. DOES NOT APPLY SECTION 4. Construction and Installation All costs and expenses related to the design, installation, construction, repair and maintenance of the Traffic Signal shall be the sole responsibility and obligation of, and shall be paid by, ACHD. SECTION 5. Compliance with the Law In installing, constructing, repairing and maintaining the Traffic Signal ACHD covenants and agrees to comply with any and all federal, state and local statutes, laws and ordinances and good engineering practices. SECTION 6. Indemnification. ACHD shall indemnify and hold GRANTOR harmless from and against any and all claims, demands liabilities and expenses (including, without limitation, reasonable attorneys' fees), for damages, injury or death arising directly or indirectly from or in any way connected with its use of the SeNient Estate. SECTION 7. Term;Easement Burden that Runs with the Dominant and Servient Estates. The term of this Agreement and the easement herein granted is perpetual and it shall be a burden upon the Servient Estate and shall run with the land.; provided, however, the removal of the Traffic Signal and the failure of ACHD to replace the same within one (1) year thereafter shall entitle GRANTOR to receive from ACHD on demand its executed and acknowledged instrument of release and abandonment to GRANTOR. SECTION 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. Traffic Signal Easement - page 2 (1 0-10-01) S:\ACHDRW\Deeds-Easements\Traffic Signal Easement-Meridian Fire Station.doc SECTION 9. Successors and Assiqns This Agreement, the easement herein granted, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns to the Servient and Dominant Estate. SECTION 10. Recordation. This Agreement shall be recorded in the Official Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. City of Meridian ~- . .. .. .. .. .. . _ t It," ill .. ~ .. .. ,._ ...'" . . .. . .. .. ;. ~ i I I . .. . . .. . . i- t . . . . . , . . t :~i-:'i'(-:' ~. ......... I . , . . . ..,._, ..,.. ill t . . . - .,",'. .t" . . . . ,_ ...". t ~. .. .. .. .. .. , .. .. ill .. ill. .. . .. .. .. .. .. I ;. . .. .. . .. .. . . . .. .. .. .. .. '" . . j I ill 0-" ." .. .. _ .. :. ~ \;. 1 Honorable Mayor: Robert D. Corrie ADA COUNTY HIGHWAY DISTRICT By Randy Lane, Supervisor Attest to: .. . .. . . . .. a .. .. t . .. .. .. .. .. .. .. .. .. .. .. . ;. .. .. .. . .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. ;. .. .. .. . t , >~</-::: .. ... ............ .. .... .. to.. .. F .. .. I .... ............ .. .. .. .. '. .. . .. .. . .. . .. .. .. .. .. .. .. .. .. .. .. * .. .. .. .. . .. .. .. .. I" .'. .. . .. .. .. .........'........,.. Traffic Signal Easement - page 3 ( 1 0-1 0-01 ) S:\ACHDRW\Deeds.Easements\Traffic Signal Easement-Meridian Fire Station.doc // STATE OF IDAHO ) ) ss. County of Ada ) On this day of , 2003, before me, , a Notary Public in and for the State of Idaho, personally appeared the Honorable Mayor Robert D. Corrie, known or identified to me to be the person who executed this instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official. . . . . . . 4 ~ . . . seal the day and year first above written. :.:- :.:.:.:.:.:.:. . . . . . ~ , . . . . . . . . . . . ~.: ~::::::~:~:~:~:~:~:i ,". . . . . . . '.' . ~ . . . E . Notary Public for Idaho Residing at: My commission expires: STATE OF IDAHO) ) ss. County of Ada ) On this day of , 2003, before me, , a Notary Public in and for the state of Idaho, personally appeared Randy Lane, known or identified to me to be the Supervisor of the Ada County Highway District, the person who executed this instrument of behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: My commission expires: Traffic Signal Easement - page 4 (10-10-01 ) S:\ACHDRW\Deeds-Easements\Traffic Signal Easement-Meridian Fire Station.doc /1 ' 31, 2003 1.r: 49 AM No. I 851 P, 5/7 ~&EVALLEYEN~1 -,II';'>.' ; :.~:~ .~. .;',":~.~:", . ~'.; ~j'.; ':~~..?; -:~.t ::" CWlL AND S7J/UC1VML ENGINEif:II1NG DESCRIPTION FOR:.1vfERIDIAN FIRE STATION #3 -LOCUST GROVE ROAD FIRE STATION SIGNAL LIGHT EASEME1\TT Job # 104-02 7-25-2003 IN THE SE 1/4 OF SE 1/4 OF SECTION 31, T 4 N, R 1 E, B.M. A portion 0:: the Southeast 1/4 of the Southeast 1/4 of Section 31, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho) more particularly described as follows: Commencing at the Southeast corner of Section 31, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho; which is marked by'a found brass monument; thenl~e North 00016'38" East 1329.50 feet along the Easterly boundary of the said Southeast 1/4 of the Southeast 1/4 to a setPK Nail on the center line of North Locust Grove Road, which is also the Northeast comer of the said Southeast 1/4 oftb.e Southeast 1/4; thenl~e South 89059'04" West 33.00 feet along the Northerly boundary of the said Southeast 1/4 of the S<?utheast 1/4 to a set 112" iron pin 'With a plastic cap; then(;e South 00016'38" West 79.85 feet along a line parallel with and 33.00 feet Westerly of the Easterly boundary of the Southeast i/4 of the Southeast 1/4 to the INITIAL POINT oftbjs description. thence continuing South 00016'38" West 10.00 feet to point; thenc:e North 89043'22" West 10.00 feet to a point; thence North 00016'38" East 10.00 feet to a point; thence South 89043'22" East 10,00 feet to the INITIAL POWT oftrus description. This parcel contains 0.0023 acre, more or Jess, and is subject to all existing easements and rights of way, EXHIBIT "A" C:\DESCRII'1\l 0<l-021fER.IueSignaLDOC Tre~s[!rc Valley Engineers, inc. 56S0 E Fran~1 n Rd. Sui,e 120 \Jampa, Idaho 836S7 Office: (208) 463-0305 fax (208) 463-4391 \0\ \vw. Tr~;u.mrc V nlleyEng.inet'r.co.l!l October 3,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3-0 REQUEST Joint Effort Agreement with Ada County Highway District for Franklin Road Rebuild Project: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Agreement ~vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall becomQ property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED OCT 0 Z 2003 Memo City Of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 10/2/03 Re: October 7 City Council Meeting - Joint Effort Agreement with ACHD for Franklin Road Rebuild Project We are asking for City Council's approval of a joint effort agreement with Ada County Highway District for the Franklin Road Re-build project. This agreement allows the City to include the installation of all water and sewer facilities not currently existing in to the construction contract let by ACHD. This agreement is identical to the ones executed for the North Locust Grove Road and the Overland Road rebuild projects over the last couple of years. A copy of the agreement is attached for your review. Recommended Council Action: Approve the joint effort agreement with Ada County Highway District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. /~ . Page 1 AGREEMENT FOR: ROADWAY CONSTRUCTION I SEWER & WATER LINE IMPROVEMENTS FRANKLIN ROAD, Main (East 1st) to east of Nola ACHD PROJECT NO. 501019 FRANKLIN ROAD, Nola to Eagle Road ACHD PROJECT NO. 502004 THIS AGREEMENT made and entered into this _ day of , 2003, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing Franklin Road from Main Street (East 1st) to Eagle Road including water and sanitary sewer installations as detailed in Projects Numbered 501019 and 502004 hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 1 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2000 Edition of the Idaho Standards for Public Works Construction (lSPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 2 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $6,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 3 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and I. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Susan Slaughter William J. Schweitzer Senior Administrative Assistant Director ATTEST: CITY OF MERIDIAN By: By: William G. Berg, Jr. Robert D. Corrie City Clerk Mayor Page 4 of 4 ( October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3-P REQUEST Agreement for Professional Services, Brown & Caldwell- Wastewater Pretreatment Local Limits: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Agreement ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED OCT 0 2 2003 Memo City Of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 10/2/03 Re: October 7 City Council Meeting - Agreement for Professional Services, Brown & Caldwell- Wastewater Pretreatment Local Limits We are asking for City Council's approval of an agreement for professional services with Brown & Caldwell to complete an industrial pretreatment local limits study. Brown & Caldwell is a national environmental engineering consultant with a local office if Boise. Attached is a copy of a letter from Brown & Caldwell's Vice President to John Shawcroft, dated August 26, that describes in detail the proposed scope of services. The contract will be on a time and materials basis not-to-exceed amount of $15,000. This study is included in the Wastewater Strategic Plan and the FY '04 budget. Recommended Council Action: Approve the agreement for professional services with Brown & Caldwell for the Industrial Pretreatment Local Limits Study, on a time & materials not to exceed amount of $15,000 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ;f~ . Page 1 BROWN AND CALDWELL . , 606 ColtlIlj'. 'ueet, NW Suite 217 '. Olympia, Washington 98501 Td: (360) 943-7525 Fax: (360) 943-7513 www.brownandcaldwdl.com August 26, 2003 :Mr. John Shawcroft City of Meridian Meridian Wastewater Treatment Plant 3401 North TenNfile Road Meridian,Idaho 83642 20-91397.401 Subject: Statement of Qualifications and Proposal Meridian Pretreatment Local Limits Dear:Mr. Shawcroft: Thank you for the opportunity to meet with you and discuss Brown and Caldwell's current electronic operations and maintenance manual work with the City, in addition to your upcoming projects. Phyllis and I were very impressed with the Meridian Wastewater Treatment Plant (WWTP) and your ability to respond to the rapid population growth that the City has experienced during the past decade. As a follow-up to our discussion about the City's industrial pretreatment program, we have prepared this Statement of Qualifications (SOQ) and Proposal. This SOQ and Proposal summarize Brown and Caldwell's experience with pretreatment programs and outline our approach to assist the City in developing local limits. For convenience, this proposal is presented in a form that can be accepted and signed as an agreement between Brown and Caldwell and the City of Meridian, hereinafter "Client." Our proposed project team brings the diversity of experience and professional skills to evaluate all aspects of a pretreatment program when reassessing local limits and the impacts of wastewater constituents on wastewater treatment plants. More specifically the team is: · Experienced with the development of local limits; · Knowledgeable about wastewater treatment systems and defming local limits that are necessary to protect and maintain effluent requirements; and, · Knowledgeable about the Client's wastewater facilities and discharge challenges. Our experience with industrial pretreatment brings a total system perspective to your project. Not only do we have an understanding of how to develop industrial pretreatment programs, we also understand the impacts that the program can have on industrial wastewater treatment plant operation. Though a key goal of an industrial pretreatment program is to protect the processes of the City's wastewater treatment plants, there are situations in which industrial discharges can actually be beneficial to t1;e collection system and the treatment plant. Our experience and 0: \03 Marketing\Meridian Pretreatment Limits SOQ and Proposal FinaLdoc Environmental Engineers & Consultants i 1v.fr. JdlJ..Li Shawcroft August 26, 2003 Page 2 of7 approach will ensure that beneficial aspects of industrial discharges are recognized while protecting the wastewater from harmful discharges. Another aspect of evaluating local limits that cannot be overlooked is the impact these limits will have on the local businesses. Brown and Caldwell understands the importance of considering the ramifications of locallirnits from the discharger's viewpoint while protecting the wastewater collection and treatment system. The challenge is to develop limits that are economically attainable by the business without compromising the environment. Brown and Caldwell staff are familiar with the use of computer programs that can be used to assist in the development of local limits for pretreatment. PRELIM is a computer program developed by the United States Environmental Protection Agency for calculating local limits. Bwwn and Caldwell staff have used PRELIM for several local limit determinations. More imponandy, we understand the sensitivity of the program to the input variables. Simply plugging numbers into a program can result in local limits that are too restrictive or not restrictive enough. As is true with most computer programs, the output is only as good as the input. On virtually every program for which we have developed local limits, subjective and objective measures were applied to the input data. We conduct a thorough evaluation of the input variables for reasonableness before using PRELIM:. Occasionally an unusual characteristic of a pollutant or the wastewater poses a challenge to assessing the impact of an industrial discharge. In these situations, Brown and Caldwell can use TOSCHEM, a computer model. TOXQ-IEM can model the fate of pollutants through wastewater facilities. We have used TOXCHEM to refine pollutant pass-through and pollutant impact information for a wide range of applications. Our proposed project manager, Heruyk Melcer, is the lead developer of TOXGIEM and will apply it as necessary to local limit evaluation. Attachment A summarizes some of Brown and Caldwell's pretreatment work for municipalities and industries over the past decade. Project Approach and Scope of Work The assessment of established local limits requires a review of historical data, evaluation of the influent wastewater characteristics, and a determination of its impact on the plant's ability to meet its permit conditions. The results of this investigation provide the necessary information to assess the proposed modifications of the local limits. The approach below takes a system-wide view of the City's wastewater system to determine effective means of managing industrial waste discharges that complywith regulations and are manageable and enforceable by the City. 0: \03 M:rrkecing \Meridian Pretreatment Limits sOQ and Proposal Final.doc :Mr. JOJ...l! Shawcroft August 26, 2003 Page 3 of7 Scope of Work to Develop Pretreatment Local Limits for the City of Meridian, Idaho Task 1: Gathering Existing Information Objective. To gather information on InduStrial Users (IU) that discharge into Meridian sanitary sewer system in order set local limits, evaluate pass through, sludge contamination, and develop permit guidelines for the pretreatment program. Assumptions. Information is readily available from the Cities of Meridian and/or Boise, Idaho and that meetings with City staff and/ or industrial user surveys are not necessary. Activities. This task includes the following activities: L Identify ills that discharge to the POTW that will be subject to pretreatment local limits. 2. Gather information on ills including flows and pollutant concentrations based on sample data collected by the Cities of Meridian and Boise and ills. Task 2: Evaluate and Determine Properties and Concentrations of Pollutants Objective. Evaluate and determine properties and concentrations of pollutants in industrial discharges. Assumptions. Information gathered under Task 1, and published values for similar IUs when sample data is not available, will be used to evaluate and determine properties and concentrations of pollutants in industrial discharges. Activities. This task includes the following activities: 1. Determine average and peak pollutant levels in discharge for each individual facility. 2. Determine aggregate average and peak of levels of each pollutant in primary influent to P01W. Task 3: Identify Pollutants of Concern, Evaluate Pass Through, and Interference (Sludge Contamination) Objective. Determine effects of total indirect discharge on POTW operations. Assumptions. Secondary-Treaunent and Sludge Handling is carned out using standardWW'TP operations. Activities. This task includes the following activities: L Modeling of pollutant levels in sludge and their effect on settlingl flocculationl etc. 2. Determine POTW ability to treat concentrations of pollutants that pass .though without being able to be treated by standard operations. 0:\03 Markecing\Meridian Pretreatment Limits SOQ and Proposal Final.doc Mr. John Shawcroft August 26, 2003 Page 2 of2 Task 4: Determine Contributions to Plant Influent from Non-permitted Sources. Objective. To gather information on discharges to the Meridian sewer system from non-permitted sources. Assumptions. City of Meridian can provide information on residential and non- permitted wastewater sources to treatment plant. . Activities. This task includes the following activities: 1. Evaluate fraction of influent flow from non-permitted sources 2. Identify pollutants introduced into the plant from these sources. Task 5: Calculate Pretreatment Limits. Determine maximum level of pollutants any industrial user may Objective. discharge. Activities. This task includes the following activities: Based in modeling of plant effluent pollutant concentrations, determine maximum level of influent pollutants to POTW. Determine maximum indirect discharge level for each IU to ensure maximum influent pollutant levels to POTW are not exceeded. Task 6: Attend Meetings With Meridian Staff and IUs. 1. 2. Objective. A Brown and Caldwell staff member will be available to attend meetings to review progress of the pretreatment program, answer questions regarding the pretreatment program, and answer any technical questions regarding the work being done by Brown and Caldwell Staff at the request of the City of Meridian. Project Team We have identified a highly qualified team to assist the City in developing local limits. We propose Henryk Melcer as project manager and Patricia Tam as project engineer. I will serve as Principal-in-Charge. Resumes for each of these individuals are included as part of this package. Proposed Budget and Schedule Table 1 presents the proposed budget summary for this work. The total cost of the proposed work shall be performed on a time and materials basis not exceed $15,000. The City of Meridian will perform lab analyses upon direction and guidance from" Brown and Caldwell. I :Mr. J OIll! Shawcron August 26, 2003 Page 5 of7 Table 1. Task Summary Task description Gathering Existing Information Determine Characteristics and Volume of Pollutants Identify Pollutants of Concern, Evaluate Pass Through, and Interference (Sludge Contamination) Detennine Contributions to Plant Influent from Un-pennitted Sources Calculate Pretreatment limits Attend Meetings With Meridian Staff and IUs Total Estimated Budget $1,982 $2,142 $2,989 $1,166 $2,666 $3,500 $14,445 The work defined herein shall begin October 1, 2003. The estimated time for completion is within 35 calendar days thereafter. All work will be performed in accordance with Brown and Caldwell's attached Standard Terms and Conditions (CL-L-TC) dated July 1,2003. To accept this proposal, please sign and date both copies and return one copy to Brown and Caldwell We look forward to conducting this project with you. Vety truly yours, The undersigned agrees to the Terms and Conditions of this Letter Agreement attached hereto. BROWN AND CAIDWELL, a California Corpo - Signature City of Meridian Signature Chris Cle Printed Name Title Date CC:ACM:CL:sjw Attachment: CL-L-TC 0:\03 Marketing\Meridian Pretreatment Limits SOQ and Proposal Final.doc I Brown and Caldwell/Cht:nt Standard Terms and Conditions 1. SCOPE Brown and Caldwell (Bq agrees to perform the services described in the scope of work attached hereto which incor- porates these terms and conditions. Unless modified in writing by the parties hereto, the duties of BC shall not be construed to exceed those services specifically set forth in the proposal. These tenus and conditions and the proposal, when executed by Client, shall constitute a binding agreement on both parties (hereinafter the "Agreement"). II. COMPENSATION Client agrees to pay for the services in Article I in accordance with the compensation provisions in the proposal. Payment to BC will be made within 30 days after the date of billing. Interest on the unpaid balance will accrue beginning on the 31st day at the maximum interest rate permitted by law. Time-related charges vr.iIl be made in accordance with the billing rare referenced in the proposal or Agreement. Direct expenses and Subcontractor services shall be billed in accordance with the proposal or compensation exhibit attached to this Agreement. Otherwise, BC's standu-d billing rates shall apply. In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice. Consultant shall have the right to ruspend work per Article XIV, Suspension of Work III.RESPONSmll.ITY STANDARD OF CARE. BC is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the Work BC shall perform the services in accordance with generally accepted engineering practices and standards in effect when the services are rendered. BC does not expressly or impliedly warrant or guarantee its services. In perfonning construction management services, BC shall aa as agent of Client. BC's review or supervision of work 'prepared or performed by other individuals or firms employed by Client shall not relieve those individuals or finns of complete responsibility for the adequacy of their work. . The presence of Be's personnel at a construction site, whether as on-site representative, resident engineer or construction manager, shall be for the sole purpose of determining that the work is gener:illy proceeding in comormance with the intent of the project specifications and contract documents and does not constitute any form of guarantee or assurance with respect to contracror's performance. BC shall have no responsibility for the contractor's means, methods, techniques, sequences, for safety precautions and programs incident to the contractor's work, or for any failure of contractor to comply with laws and regulations applicable to perfonning its work. REUANCE UPON INFORMATION PROVIDED BY OTHERS. If Be's performance of services hereunder requires BC to rely on information provided by other parties (excepting BC:'s. subcontractors), BC shall not independently yerify the validity, completeness or accuracy of such information unless otherwise expressly engaged to do so in VlIiting by Client. 0:\03 M:u-keting\Meridian Pretreatment Limits SOQ Md Proposal Final.doc IV. INDEMNIFlCATION BC agrees to indemnify, defend, and hold Client harmless from and against any liability to the extent arising out of the negligent aas, errors or omissions of BC, its agents, employees, or representatives, in the performance of duties under the Agreement. Regardless of any other term of this Agreement, in no event shall BC be responsible or liable to Client for any incidental, consequential, or other indirect damages. V. INSURANCE BC shall maintain during the life of the Agreement the following minimum insurance; 1. Commercial general liability insurance, including personal injury liability, blanket contractual liability and broad fonn property damage liability. The combined single limit for bodily injury and property damage shalt be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non- owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 3. Statutory worker's compensation and employers' liability insurance as required by state law. 4. Professional liability insurance with limits of not less than $1,000,000. VI. SUBCDNffiACIS BC shalt be entided, to the extent determined to be appropriate by Be, to subcontract any portion of the Work to be performed under this Agreement. VII. ASSIGNMENT If the authorized scope of work includes construction activities or the oversight of construction, BC may, at its discretion and upon notice to Client, assign all of its contractual rights and obligations with respect to such activities or services to Brown and Caldwell Constructors, its wholly owned affiliate. If the authorized scope of work requires professional services to be performed in a jurisdiction in which Be renders professional services solely through a locally registered engineering affiliate for purposes of compliance with professional licensing requirements in that jurisdiction, BC may, in its discretion, upon notice to Client, assign its contractual rights and obligations with respect to such services to such locally registered engineering affiliate. VIII. ll'IT'EGRATION These terms and conditions and the proposal to which they are attached represent the entire understanding of Client and BC as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. 1v1r. John Shawcroft August 26, 2003 Page 7 of7 The Agreement may not be modified or altered except in vniting signed by both parties, provided further that any terms and conditions in any client authorization or purchase order issued in connection or under the Agreement which are inconsistent with the Agreement are hereby superseded and shall be of no force and effect. IX. mOICEOF lA WI]URISDICTION This Agreement shall be administered and interpreted under the laws of the state in which the Be office responsible for the project is located. Jurisdiction of litigation arising from the Agreement shall be in that state. X. SEVERABIIITY. If any part of the Agreement is found unenforceable under applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect. XI. FORCEMAJEURE BC shall not be responsible for delays in performing the scope of services that may result from causes beyond the reasonable control or contemplation of BC BC will take reasonable steps to mitigate the impact of any force majeure. XII. NO BENEFIT FOR 1HIRD PARTIES The services to be performed by BC hereunder are intended solely for the benefit of Client, and no right nor benefit is conferred on, nor any contractual relationship intended or established with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on BC's performance of its services hereunder. XIII. WORK PRODUcr BC and Client recognize that BCs work. product submitted in performance of this Agreement is intended only for the Client's benefit and use. Change, alteration, or reuse on another project by Client shall be at Client's sole risk, and Client shall hold harmless and indemnify Be against all losses, dmnages, costs and expense, including attorneys' fees, arising out of or related to any such unauthorized change, alter.rrion or reuse. XIV. SUSPENSION OF WORK Work under this Agreement may be suspended as follows: 1. By Client. By written notice to BC, Client may suspend all or a portion of the Work. under this Agreement if unforeseen circumstances beyond Client's control make normal progress of the Work. impracticable. BC shall be compensated for its reasonable expenses resulting from such suspension including mobilization and de- mobilization. If suspension is greater than 30 days, then BC shall have the right to terminate this Agreement in accordance with Article XV, Termination of Work. 0:\03 Marketing\Meridian Pretreatment Limits SOQ and Proposal Final.doc 2. By Be. By written notice to Client, Be may suspend the Work. if BC reasonably determines that working conditions at the Site (outside BC's contro~ are unsafe, or in violation of applicable laws, or the event Client has not made timely payment in accordance with Article II, Compensation, or for other circumstances not caused by BC that are interfering with the normal progress of the Work. BC's suspension of Work. hereunder shall be without prejudice to any other remedy of BC at law or equity. xv. TERMINATION OF WORK TIlls Agreement may be terminated as follows: L By Client (a) for its convenience on 30 days' notice to BC, or (b) for cause, if BC materially breaches this Agreement through no fault of Client and BC neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has given written notice of the alleged breach to Be. 2. By BC (a) for cause, if Client materially breaches this Agreement through no fault of BC and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after BC has given written notice of the alleged breach to Client, or (b) upon five days' notice if Work. under this Agreement has been suspended by either Client or Be in the aggregate for more than 30 days. 3. Payment upon Termination. In the event of termination, BC shall perform such additional work as is reasonably necessary for the orderly closing of the Work. Be shall be compensated for all work. performed prior to the effective date of termination, plus work. required for the orderly closing of the WOlk Except for termination of BC by Client for cause, BC shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of termination. XVI. NOTICES All notices required under this Agreement shall be by personal delivery, facsimile or mail to the BC Project Manager and to the person signing the proposal on behalf of the Client, and shall be effective upon delivery to the addressed stated in the proposal. October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3 . Q REQUEST Water Main Easement for Sf. Luke's Helipad and Crew Quarters: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Easement ~v"'-' Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetings shall become property ot the CIty of MerIdian. City of Meridian Public Works Dept. Memo RECEIVED OCT 0 1 2003 To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 9/2912003 Re: Proposed Agenda Items for October 7th City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the October 7th City Council agenda, on the Consent Agenda, for Council's consideration: ~~ _ 1) Water Main Easement for St Luke's Helipad & Crew Quarters. Typical water main easement Recommended Council Action: Approve the Water Main Easement for St Luke's Helipad and Crew Quarters and authorize the Mayorto sign and City Clerk to attest. 2) Water Main Easement for RC WiIlev Carpet Warehouse. Typical water main easement Recommended Council Action: Approve the Water Main Easement for RC Willey Carpet Warehouse and authorize the Mayorto sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENrURE, made this n day of 4, 20Q2..between ~~ , the parties of the flISt part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: Vv'HEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and Vv'HEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and "WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHlBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. "IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after constructioIL; making repairs, performing other maintenance or making subsequent connection to the water line, Grdlltee shall restore the area of the easement and adjacent property to that existent prior to undertaking such constructioIL; repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. TIlE GRANTORS do hereby covenant with the Grantee that they ar~ lawfully seized and possessed Water Main Easement Page 1 EASMT WTR of the aforementioned and, described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties oftbe first part have hereunto subscribed their signatures the day and year first herein above written. ()(J Secretary STATE OF IDAHO ) ) ss County of Ada ) On this . ,q day of \ ~~ ,20t?6, before me, the undersigned, a Notary Public in and for said State, personally appeared L. and , known or identified to me to be the . and Secretary, respectively, of the corporation that executed the within instrument, and a 0 ledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ~'''IINJb fist~~ ~.~rr'~#, ~.... ~ ..of ~ ~## ..... '19 ........ ~> ## .:>..- ....-.;. ~ ~ .- ~ ! l ~OTAltL \ : .. or.. : * . -.- : * : : : .- : .. ." C .. ;. .. of'"'trBL\ I = ':00 ~-:.... ...0 .: ~ ~' .. .. .."I.' .. #", -1]> ........'\... ...... ##### l!: OF \\} ~........ .................. NOTARY PUBLIC FOR IDAHO Residing at . &U1f (!~ Commission Expires: a.u't~ rf" i dD06 GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 2 WTR EASMT . STATE OF IDAHO, ) ss. County of Ada ) On this day of , 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, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: Roylance & Associates P .A. 391 W. State Street, Suite E, Eagle, Idaho 83616 Engineers · Surveyors · Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 Exhibit A September 15, 2003 Project No. 2369 Legal Description St. Luke's Meridian Medical Center Water Main Easement 1,281 Square Feet A 20-foot Water Main Easement situated in the Northwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 5/8-inch steel pin monumenting the most Southeasterly Comer of Parcel 8 as depicted on a Parcel Boundary Adjustment Survey recorded as Record of Survey No. 5306 and filed as Instrument No. 101017141, records of Ada County. Thence following the easterly property line of said Parcel 8 North 00000'42" West a distance of 117.97 feet to the POINT OF BEGINNING. Thence leaving said easterly property line North 90000'00" West a distance of 64.05 feet to a point; Thence North 00000'00" East a distance of 20.00 feet to a point; Thence North 90000'00" East a distance of 64.05 feet to a point on the easterly property line of said Parcel 8; Thence following said easterly property line South 00000'42" East a distance of 20.00 feet to the POINT OF BEGINNING. The above tract of land contains 1,281 square feet, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SUITEE EAGLE, IDAHO 83616 208-939-2824 208-939-2855 (FAX) '=t -2 ~ - 0 s X:\Projects\St Luke's\Meridian Campus\2369\ADMIN'LEGALS\water main easement legal.rtf (. ST. LUKE'S MERIDIAN MEDICAL CENTER SITUATED IN A PORTION OF THE NW1/4 OF SECTION 16, T3N, R1E, 8M, CITY OF MERIDIAN, ADA COUNTY, IDAHO I I I ~ r _____~90"00'0?~ - - -- -1 : WI 64.05 Ul U) I E 0 0 OJ" t>.:I 0 0 I Pg IlL odo glci ~---W----W----W-8t~-~-' aN -NO ~I 1171 171 N90.00'00"W '-" L----POINT~::,NNING~ I I I 3: I I I ~ I I I ~ I I I l I I I I 3: I I I I 3: I [ I -~ I ---~---~--- I -11.- - - -M- _ _ --.J FOUND 5/8" STEEL PIN BEING THE MOST SOUTHEASTERLY CORNER OF PARCEL 8, RECORD OF SURVEY NO. 5306, INSTRUMENT ~ NO. 101017141, RECORDS OF ADA COUNTY. -------- - - zz 00 .....00 :::jdd . 0 0 <0 . . -..J.f>.0 - N 0 I i ..:f EXHIBIT B CITY OF MERIDIAN WATER MAIN EASEMENT tl J~ 1f 10 o 20 1""'1""""",1 SCALE IN FEET VICNTY MAP NTS tJ t INlERSTAlE 84 EASEMENT LOCA 1l0N LEC.eD - - - - - - - - WATER LINE EASEMENT o PROPERTY LINE RECORD INFORMA 1l0N PER INSTRUMUNT NO. 101017141 ROYLANCE AND ASSOCIATES PA Engineers Surveyors Landplanners 391 W State Street Suite E Eagle Idaho 83616 Phone (208) 939-2824 Fax (208) 939-2855 parcel 2 ---~--------------------~----------------------------------------------~--- parce 1 name: 2 North: 338.91 East : 470.74 Line Course: N 90-00-00 w Length: 64.05 North: 338.91 East 406.69 Line Course: NOD-DO-DO E Length: 20.00 North: 358.91 East 406.69 Line Course: 5 90-00-00 E Length: 64.05 North: 358.91 East 470.74 Line Course: 5 00-00-42 E Length: 20.00 North: 338.91 East 470.75 Line Course: 5 89-59-39 w Length: 0.00 North: 338.91 East 470.75 perimeter: 168.10 Area: 1,281 sq. ft'. 0.03 acres Mapcheck Closure - (Uses listed Error Closure: 0.00 Error North: 0.000 precision 1: 168,100,000.00 courses, radii, and deltas) Course: N 89-59-39 E East: 0.004 Page 1 October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3...~ REQUEST Water Main Easement for RC Willey Carpet Warehouse: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo I Easement / Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. " ;Gi~' ofJVI~~iCU~~: >< :,,' \", '. RLiblic::<Work!:t"'Qi:!nt.("""< ,.:, . ~ ,'C.?" "", :~ ~ --' '"," ,'" ~ ,. .;.<, ~ // ,.".:. ::/ ~ 1 e To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 10/112003 Re: Proposed Agenda Items for October 7th City Council Meeting REC IVED OCT 0 1 2003 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the October 7th City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for St Luke's Helipad & Crew Quarters. Typical water main easement Recommended Council Action: Approve the Water Main Easement for St Luke's Helipad and Crew Quarters and authorize the Mayorto sign and City Clerk to attest. ~2) Water Main Easement for RC Willev Carpet Warehouse. Typical water main easement Recommended Council Action: Approve the Water Main Easement for RC Willey Carpet Warehouse and authorize the Mayorto sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEl\fENT THIS INDENTURE, made this Q day of ~ 20~between , C. W.' the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Coun the second part, and hereinafter called the Grantee; , the parties of , Idaho, the party of WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following'described .property: - (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with th.eir maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or. lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement Page I EASMT WTR Meridian- , . effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: & :JI~ C~ Secretary STATEOF~ County o~ ~ ss On this z,,:s day of .kvv:k ,2003 before me, the undersigned, a Notary Public in and for said State, persona~ared 1-. and Q.c.....-----d-i> Ch.;,lA. , known or identified to me to be the . and Secretary, respectively, of the corporation that executed the within instrument, and owledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~~ ...$.';?f~ PAMELA B. MOSER N TARY PUBLIC FOR I'~? {i\ NOTARY PUBLIC · STATE of UTAH !~[ m 2301 SOUTH 300 WEST (') . IJ L I ~ J/ ~.;-., ./~"J SALTlAKECITY,UT 84115 Residing at ~ ~ t--b' -~,!':;i>'" COMM. EX? JULY 12, 2004 Commission Expires: l {~ b.,.. GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Water Main Easement Page 2 EASMT WTR Meridian- Approved By City Council On: Water Main Easement Page 3 EASMT WTR Meridian- STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, per$onally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridiem executed the same. IN WITNESS WHEREOF, J have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: Exhibit A August 18, 2003 Project No. 2325 Legal Description R.C. Willey Home Furnishing Water Main Easement 4,476 square feet. A tract ofland being 20 feet in width, 10 feet each side of the following described centerline, situated in the Southwest One Quarter of the Southwest One Quarter of Section 9, Township 3 North, Rangel East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the southwest corner of said Section 9, Thence along the southerly line of said Section 9 South 89029'34" East a distance of 691.79 feet to a point, Thence leaving said southerly line North 00000'00" West a distance of 349.45 feet to a point, said point being the POINT OF BEGINNING. Thence South 46017'58" East a distance of223.80 feet to the POINT OF TERMINUS. The sidelines of said strip easement shall be lengthened or shOltened to form a closed figure. The above-described tract ofland contains 4,476 square feet, more ofless, Subject to all existing easement and rights-of-way. Prepared by: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE,ID 83616 (208) 939-2824 (208) 939-2855 Fax ~ ~ :JJ ~~ ~j;, ztil m:=\ ~tP ~ ~ October 3,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. _'8 ~T REQUEST Award of Contract - 2004 Locust Grove Sewer and Water AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Memo vpyJ~ (II/II Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CitY of Meridian Public Works Dept. RE(JEIVED OCT 0 2 2003 CiLv Of Meridinn City Clerk Office Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 10102/2003 Re: Proposed Agenda Items for October 7, 2003 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the October 7 City Council consent agenda: Well 25 Inspection Services and Hvdraulic Testing Attached is a contract with Hydro Logic, Inc. for oversight during the drilling of Well 25 production well. The project is not to exceed $19,640. Hydro Logic has provided this service on all of the recent well drilling. Recommended Council Action: The Public Works Department recommends that City Council approve the $19,640.00 contract with Hydro Logic, Inc. for Inspection Services during the drilling of Well 25 production well and authorize the Mayor to sign it. 2004 Locust Grove Sewer and Waterline Eight bids were received for this project as summarized below: Sommer Construction Brown Construction Bodiford Construction Tetra Tech Construction T. A. Dibble Construction Paul Construction Big Bite Construction Thueson Construction $181,160.00 $181,513.50 $211,000.00 $218,970.00 $222,180.00 $247,180.00 $248,715.00 $300,424.20 From the desk of. . . Sommer Construction is the apparent low bidder. Recommended Council Action: The Public Works Department recommends that City Council approve the $181,160.00 contract Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 gradyl@meridiancity.org with Sommer Construction for the 2004 Locust Grove Sewer and Waterline Project and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 1 ~ \i \ ~~ ~ ~ ~ ""' ~ :? ~ ~ ~ ~ ~ ~<:"\ ~~ '- '\- \ ~~ ~ ~ ~ ~~ ~ ~ <::';J 'v ~~ ~. ~~ \ .~ ~ C)\.) ~ i ~. ~ \ ~ ~ '\-.\...) ~ ~ ~ ~ () ~ :3. ~ ~~ 0).- .- c: o 0) """0- 0.0 -0 .- to ~\ ~ ~ ......... ~ (l) "C\ "C\ co ...... ............ ~ ............. 1;:)\ ~ ~ ~ ....... ........... '- ~ ~\ .... ~ ~ ~ ~ .............. ~ '\ -0 C U) (l)O~ Z'C-.;:i~ ';._ ~ "0 0. tJ) ~.- OolS~tO ~ o~ o.."C\cO _.e-"O (G(l)~(l) cg -a ~ .t:::. o.~(l)=, o~ct1 ~o(l)2 o..o(.!)\oI- ~ ~ ~ ~ ~ ~~ '\ ~ ~ .1 *1\ ~\J .~~ ~ i~ ~s \ ~~ .~ ~~ K (;) \S\ . ~ \t\ ~ '-=") ~ l ~ ~ ........... . . ~ ~ o ~ e to ;.;. ~ "0 co ~'- ~ ~ ~\ ~ '-... \'-- ~ ~ ~ ~\ ~ ~ \S'\ ~ - ~ ~ ~ ~\ ~ ~. ~ .......... ~ ~ ~ ~ .' ~ ~ o ~ Cl en "C\ (l) ccU) cno~ .,.,._ ._ (l) _tJ)~"O '-' ,.. "C\ ~ "C\ E'- o~,-,tO ~ 0 ....0 o.."C\c _(1)-"0 (G .... - Q) U)~(G,-, o 0.; ~ .- o.~(l)=, o~Ct1 ,-,0(l)2 o..oC)\oI- October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7, 2003 ITEM NO. 3-Ll REQUEST Approve Contract for Well No. 25 Inspection Services and Hydraulic Testing Possible AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Memo / Contract ~ tvfr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meelings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED OCT 0 Z 2003 City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 10102/2003 Re: Proposed Agenda Items for October 7,2003 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the October 7 City Council consent agenda: Well 25 Inspection Services and Hydraulic Testing Attached is a contract with Hydro Logic, Inc. for oversight during the drilling of Well 25 production well. The project is not to exceed $19,640. Hydro Logic has provided this service on all of the recent well drilling. Recommended Council Action: The Public Works Department recommends that City Council approve the $19,640.00 contract with Hydro Logic, Inc. for Inspection Services during the drilling of Well 25 production well and authorize the Mayor to sign it. 2004 Locust Grove Sewer and Waterline Eight bids were received for this project as summarized below: Sommer Construction Brown Construction Bodiford Construction T etra Tech Construction T. A. Dibble Construction Paul Construction Big Bite Construction Thueson Construction $181,160.00 $181,513.50 $211,000.00 $218,970.00 $222,180.00 $247,180.00 $248,715.00 $300,424.20 Sommer Construction is the apparent low bidder. From the desk of. .. Recommended Council Action: The Public Works Department recommends that City Council approve the $181,160.00 contract Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 gradyl@meridiancity.org with Sommer Construction for the 2004 Locust Grove Sewer and Waterline Project and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE TIllS AGREEMENT is dated the day of in the year 2003 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hoffinan's Landscaping Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes design, drilling oversight, construction oversight, and hydralic test of supply well number 25. The Project for which the Work under the Agreement is described as follows: Inspection Services for Well 25. All replacement materials and workmanship wilJ meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within ninty(90) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $19,640.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis ofthe progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance ofthe Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 9/25/2003 Page 1 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/A. 8.3 Information For Bidders - N/A. 8.4 Drawings - N/A. 8.5 CONTRACTOR's Quote - 21 August, 2003. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in tbe Contract Documents will be binding on another party hereto without the written consent ofthe party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9/25/2003 Page 2 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER., CONTRACTOR and ENGINEER. All portions ofthe Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on ,20_ Owner CITY OF MERIDIAN Contractor By: By Name: Name: Attest: Attest: 9/25/2003 Page 3 Rug 21 03 05:11p Ed(' ,:\U ires 20r342-3100 \, p.2 Hydra Laale" me 1002 W. Franklin Street. Boise. ID 83702 (208) 342-8369. (Fax) 342-3100. hydrologic@awest.net 21 August, 2001 Mr. Lenard Grady Public Warks Department City of Meridian 600 East Watertower Meridian, Idaho 83642 Hydrogeologic Design, Consultation, Inspection Sen>'ices & Oversight of the Proposed City of Meridian's # 25 Supply Well Dear Len: I have developed a scope of work, and estimated costs to work with you on the specifications, design, drilling, construction, and hydraulic testing of a new City water supply well. We understand that finished water-quality is a major concern of the City and this proposal is directed toward developing a well with the best water-chemistry available. I have tabulated the costs to complete the work as a single project on the attached spreadsheet. The cost estimates are considered Illaxirnum amounts and I would recommend a 15 percent contingency owing to the inherent unknowns of subsurface exploration and drilling. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The following narratives correlate with the spreadsheet tasks to explain, in more detail, the scope of work. ' Regulatory SubmittalslWell Site Approval This task includes obtaining, compiling, and review of all available information including Driller's Reports, water quality, water-levels, well locations, nearby sources of pollution, existing City water rights files, and other site characteristics. This information will be used in filings for drilling permits and DEQ site approval (including a preliminary check- list). . Digline has already been contacted for buried utilities and the water rights are secure. Technical Well Drilling Specifications and Bid Documents. Contractual agreements, specifications and bid documents for the supply well have already been developed. A submittal will stilI have to be made to DEQ with three stamped sets but I have included this in the Regulatory approvals. Project Coordination With Staff, Driller, and City. Rug 21 03 05:1210 Ed/---'=1uires ! 20P--342-3100 \. 10.3 This includes staff briefings, calls to and from the driller, e-mails, transmittal letters, and faxes to the City over the entire length of the project and as the project progresses. On Site Well Drilling and Surface Seal Oversight. This task includes measurement of the drillers tools, on-site observation of the surface seal casing depth and verification ofthe surface seal according to IDWR rules. Geologist to be on site during the last portion of the pump-chamber casing bore to verifY that the geologic section is the same as the test-well and ~o arrest drilling at the selected seal location. This task includes the design and oversight of the drilling and on-site logging of the drill cuttings. Final Well Design.' Sieve analyses oft8Jget aquifer sands -..:viII be conducted and a graphic lithologic log will be constructed from cuttings and compared and interpreted with respect to geophysical logs of the test-well. Geophysics will be interpreted to most accurately place aquifer/aquitard units with respect to screen locations and optimum yield. Casing, Seal, Well ScreenlFilter Sand Installation Oversight. On site inspection services to include installation and centralization of the pve casing including observation and documentation of the full-depth surface seal. Well screen and filter sand specifications will be verified and measurements taken for as-built construction drawings. Hydraulic Testing, Well Development, and S'ampJing This task includes coordination and observation of well development techniques along with the installation ofthe packer-reducer assembly and well head flange. Pumping test design and scheduling for constant-discharge and stepped-discharge testing periods, to include pump-setting, HP, dischai-ge considerations, and measuring/sampling ports. We will oversee the testing which may include some development testing, stepped-discharge testing, and constant-discharge testing. DEQIUSEP A water quality sampling for Public Drinking Water Systems, delivery to the lab of City's choice. On-site supervision, sampling protocol, and pump-sampling equipment Fields parameters oftemperature, pH, conductivity, and sand content are to be measured. Laboratory costs for water analyses are not included in our cost estimate. 2 Rug 21 03 05:12p Ed/~9U ires 20P~342-3100 ( p.4 Down Hole Camera Survey and Well Disinfectiion. This task includes disinfection of the completed well and scheduling. on-site observation, and review of a down hole camera survey of the completed well. Includes field notes and archive quality videotape delivered to the City. Final Report and Regulatory Submittals. A final comprehensive report to the City will be prepared and a final DEQ Checklist will be submitted. This task includes consolidation of all pertinent documentation, sketches, diagrams, plots, letters, permits, and regulatory submittals into a bound document for future reference. DEQ submittals will be coordinated with the City and include all necessary revisions etc. Respectfully submitted by: Edward Squires Hydro Logic, Inc. 3 ~ p.O zOt-:34Z-3100 ._S!/'"'~-_.- '^ '^ <:> <:> c::> 'S ~ 0 <:> c g ~ '" "" <:> "" "" .... "" ..,. 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"<> -0 tIl ~ '" <J> '0 r;) '" & g ii:. ~ ., r.n ~ ~ "" Po ~ 5 p i;' 9- .s '" '" "<:! ~ ~ ~ ~ i: .. .3 0 -~ ~ ... ~ ~ 'a t; '" " ~ a '" ::> <I> ~ tr.l .S 0 - t:L. ~ >- () ~ oil .. e p .. .~ t:> -3 ~ -0 .!O! .g '" 'v, ~ ~ <" ,.. e; ~ 1> ~ '" ~ en ~ 0 ~ C: ..; l- t) t: f,2 t:- o is "5 ., <> ~ <:> ~ ... u v.> - ~ fr lS 0 .~ ~ ~ ~ ~ '" .~ -0 0 -; '- ., r/l "% .~ ..Q il' ~ 0 """ -0 -e ., "" ,:: :;0, '" .6 ~ ~ t';" "" q ~ 0 ~ 0 17 '" - '" <" ..,j" on J:, r- ei:> a- u C> C> -' C") M ~ C") x ~ 0- \.0 ~ I ("l -.,r (""I 00 ~ ("l -' r- ~ 8 !\) if) '0 CO ~ 0 0 ("'l ~ "5 if). 0 c) B ~ ,.J ~ 0 e 0 3 --\7 tf) ~ 00 :t:- OO 0'> '" o o ~ M ;;;; October 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 7 I 2003 ITEM NO. 3-V REQU EST Approve Bills: 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: ~V\Y Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 3. 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department Department Reports October 7. 2003 ITEM NO. --1-A - , REQUEST Discussion of Request by Christian Family Matters for Water Service - 1345 West Overland Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Memo ~~ v-Y See attached letter from Dana Armstrong OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEI~VED OCT 0 2 2003 Memo City Of Meridian City Clerk Office To: Mayor Corrie & City C~~ j ) From: Brad Watson, P.E.;/~ CC: File, Gary Smith, PE, City Clerk Date: 1012103 Re: October 7 City Council Meeting, Department Reports - Christian Family Matters Christian Family Matters (CFM) is asking the City of Meridian for water service to their project located at 1345 W. Overland Road. Water mains are currently being installed across the frontage of this property by the Bodily RV Center project. CFM has apparently obtained a conditional use permit from Ada County for their project which is currently under construction. I understand that their primary reason for requesting water service to their site is to meet fire flow requirements. They intend to install water main on their site and install a fire hydrant near an existing building and one new building currently under construction. A copy of a letter to you from Dana Armstrong, dated September 24, 2003, outlines the other considerations they are requesting in regard to timelines. The Public Works Department does not object to their request if the following conditions and requirements are met: 1. CFM submits engineered plans for the water main extension on their site. 2. CFM submits a signed water line easement that will be recorded. 3. CFM pays applicable review, inspection and assessment fees prior to water main installation. 4. CFM submits an annexation/zoning application. Public Works comments during that All application would include the requirement that they connect to city sanitary sewer when it is available. . Page 1 Don Weber, representing CFM, intends to be available at the City Council meeting to answer any questions you may have. Thank you, ~ .. . Page 2 ~ SEP 26 '03 15: 02 FR CL"-' , OF MERIDIAN j 208 888 4218 TO I?!).BLIC WORKS .c (c. . ( .. P. 01/02 September 24.2003 R1ECEIVE.D SEP 2 9 2003 . .. -RECEIVED SE?:26 2003 City Of Meridian City Cletk Office Meridian City Counci.l . MERIDlAN CiTYENGINEER. clo WjHiam Berg--Clty Clerk . . 33 East Idaho Ave. Meridian,ID 83642 Dear Meridian City C01.IDci1: This letter is being sent to you as per a meeting held this rnoming between Mr. William Berg and Mr. Don Weber. Mr. Weber represented Christian Family Matters, Inc. Mr. Berg and Mr. Weber discussed annexation of the property owned by Christian Family Matters, Inc. at 1345 West Overland Road) Meridiar,t, Idaho. Christian Famjly Matters, Inc. appeared before the Meridian City Council in May of2002 to be heard prioI' to being granted a Conditional Use Permit by Ada County on the property mentioned. At that hearing Christian Family Matters, Inc. expressed the desire to be armexed into the City of Meridian at some time in the future. Now that city water has been installed next to our property we feel that it would be prudent to be annexed. However; om need is to be pemlitted to hook up to the city water line more quickly than the normal annexation process would allow, due to demands on our building project. Therefore, as !vIr. Weber disclosed, clrristian Family Matters; Inc. seeks to be annexed into the City of Meridian and would like to begin the annexation process immediately. In addition, Christian Family Matters, Inc. seeks to enter into an agreement with the City of Meridian whereby Christian Family Matters, Ine, guarantees to accept annexation into the City of Meridian as soon as the annexation process is completed, an~ whereby the City of Meridian permits Christian Family Matters, Inc. to hook-up to the Meridian city water line, recently installed on Overland Road on the north border of our property ~ immediately. Christian FamilyMatters; Inc, seeks immedjate access to the city water line before the annexation process has been completed in order to 1.) provide fire protection for an assembly hall under construction on the property and, 2.) to provide water for domestic lLse at the residence located on the property. Christian Family Matters, Inc, is in good standing with Ada County regarding our Conditional Use Pennit on the property at 1345 West Overland Road, We anticipate meeting all of the Conditions of Use shortly after the assembly hall is completed. We respectfully request, therefore, to be heard regarding our request for immediate hook-up to the Meridian cily water line at the Public Meeting scheduled to take place on October 7,2003. r:upt ~ ~(}tf S .10-0'1-03 p.vt Wb. Thank you for your consideration. . CHRISTIAN FAMILY MATTERSJ INC. . PMB 347.10400 OVERLAND RD.. BOISE, IDAHO 83~ "$ (208) 362-6358 . FAX (208) 362-8626 SEP 26 '03 15:02 FR crTY OF MERIDIAN ( 208 888 4218 TO PUBLIC WORKS (( P.02/02 Meridian City Council Page 2 ~1J Dana O. AnnstrO:lg Director CHRISTIAN FAMILY MATTERSj INC.. PMB 347.10400 OVE;RLAND RD.. BOISE, IDAHO 83709-1449. USA ~ (208) 362-6358 . FAX (208) 362-8626 ** TOTAL PAGE.02 ** ........, ~H I,.J 1-lr<:lvl::> I t'<:UN\::l PAGE 82 Septernber24,2003 RECEIVED SEP 2 4 2003 City of Meridian City Clerk Office Meridian City Council c/o William Berg-City Clerk 33 East Idaho Ave. Meridian, ID 83642 Dear Meridian City COWlcil: This letter is being sent to you as per a meeting held this morning between Mr. William Berg and Mr. Don Weber. Mr. Weber represented Christian Family Matters, Inc. Mr. Berg and Mr. Weber discussed annexation ofthe property owned by Christian Family Matters, Inc. at 1345 West Overland Road, Meridian, Idaho. Christian Family Matters, Inc. appeared before the Meridian City Council in May of2002 to be heard prior to being granted a Conditional Use Permit by Ada County on the property mentioned. At that hearing Christian Family Matters, Inc. expressed the desire to be annexed into the City of Meridian at some time in the future. Now that city water has been installed next to our property we feel that it would be prudent to be annexed. However, our need is to be pennitted to hook up to the city water line more quickly than the normal annexation process would allow, due to demands on our building project. Therefore, as Mr. Weber disclosed, Christian Family Matters, Inc. seeks to be annexed into the City of Meridian and would like to begin the annexation process immediately. In addition, Christian Family Matters, Inc. seeks to enter into an agreement with the City of Meridian whereby Christian Family Matters, Inc. guarantees to accept annexation into the City of Meridian as soon as the annexation process is completed, and whereby the City of Meridian permits Christian Family Matters, Inc. to hook-up to the Meridian city water line, recently installed on Overland Road on the north border of our property, immediately. Christian Family Matters, Inc. seeks immediate access to the city water line before the annexation process has been completed in order to 1.) provide fIre protection for an assembly hall under construction on the property and, 2.) to provide water for domestic use at the residence located on the property. Christian Family Matters, Inc. is in good standing with Ada County regarding our Conditional Use Pennit on the property at 1345 West Overland Road. We anticipate meeting all of the Conditions of Use shortly after the assembly hall is completed. We respectfully request, therefore~ to be heard regarding OUI request for immediate hook-up to the Meridian city water line at the Public Meeting scheduled to take place on October 7,2003. Thank you for your consideration. SEP 24 '03 16:53 2083628626 PAGE. 02 VHI'Ii-\ U I4r;:M:;;;' I r;:UN\:l Meridian City Council Page 2 ~jk~ Dana O. Armstrong Director SEP 24 '03 16:53 2083628626 PAGE 1J3 PAGE. 03 lJf-Il'/f-I U AKM::> I KUNIi PAGE 01 CHRISTIAN FAMILY MATTERS, INC. PMB 347-10400 OVERLAND ROAD. BOISE, IDAHO B3709-1449.USA FACSIMILE TRANSMITTAL SHEET TO: rROI>f, Dana O. Annsttoog DATE, September 24~ 2003 TOTAL NO. OF PAoes INCLUDlNG COVER: 3 :Mr. William Berg COMPANY: The City of Meridian FAX NUMBER: 888-4218 PHONe; NUMBBR, City Water Hook-up SENDER'S I'""X NUMBP-R: (208) 362-8626 SIINOER'S TEl.F.l"HQNF. NUMBER (208) 362-6358 Re: o URGENT D11)R R.EVIEW o PLEASE COMMENT 0 Pl.EASE REPLY NOTSS/COMMENTS: Dear Mr. Berg: Please find along with this ttulsmission a letter written to the Meridian City Council as per your discussion with Mr. Don Weber this moming, September 24~ 2003. I will mail a hard copy of the same letter to you today. Thank you fOI yoU! service. ~ Danao.A';'~ Director CHR.ISTIAN F^MltY MATTERS, lNC,.PMB H7.lu4(IO OVERLANl) RO,\1). GOISE. ID^HO S."lJ\I.144Y .U$AoTHl..f:,I'HONr.: Z()a,H2.('~S8.f',\X 21l8'~62..a626 SEP 24 '03 16:52 2083628626 PAGE. 01 <... .. .. . .. .. ............... .... ......... . ~ <</.<<..< -'- ... September 24, 2003 . <~ .... .... ... ......... . .. Meridian CiWCOtinCil . .. .. ...... .(i...2!oWillianiBerg~City Clerk >?3 EastldahOAve.. . ...... Meridiari,<ID 83642 <....<i ....................... '< :' Dear MeridianCity Council: '. " ~~ :~~ is.being sent to you as per a meeting held this morning between M~.,;William ......... ..< ........... Berg and Mr. Don W eber..Mr. Weber represented ChristianFarllilyMatters;llic' Mr. / Berg and Mr. Weber discussed annexatioriofthe pr.opertyowned b)l'Christian Family Matters, me. at 1345 West?v~rlarid Ro~?, ~~ridiari, Idaho . Chrlstian Family ~~;~r~~ Inc. i;;eared bef~re ~{e ~eridian eity Couticil ill MaY~{f;2L002 to be heardprioI' to.beinggrantedaCoriditional Use Permit by Ada CountyoriJh property mentioned: At thathearihgChristiaJi Family..Matters, Inct expressed the deSIre tobe annexediritotheCitY of Meridian at sometirrie irithe future, Nowthatcitywat~ has been iristalledriext. toourprop~rtywe feeLthatit\vould beprudentto be annexed. HOVv'~ver,otirneed.:isJobepermitted to hookup to the City waterJine<~o~er:quliC~~Yl th~an_, . ..<.. . . tJ1el'?.fn1alanne~a(lOll pro~ess would .allow] d~e ,o/d9mah~s on our buddin roJect. . Th~ief6i~~~~Mi. ~e~:~ disclosed, CIii~ti~ Fariiil)'~aH~is,I~c;seekst(rbe annexe .... irito.theCityofMeridian andwould like to begin the annexationprocessimmediateIY'U.IIne'" .,; . '.' ii additiOl1;Christian FamilY Matters; Inc; seeks to enterihtQanagr-eementwith the City Q ... ii Meridian . wherebY ChristiahFaniily Matters,In(;~....guaranteestoacceptannexation .irito th ........City6fMeridiartas soon as the annexation process is completed, and whereby the Cityhf.. ...ii ......................................... i. .<i ..iMeridianpermitsChristianFamilyMatters;mc,to hook-up to the Meridianci water .......... . <\... . ..ii i... ...................l~~::~ecently installedp~9verland R6ad::~nI thea~n6~rt~h b::o~rd~:r l6f;OCur: Piroperty, ." i,;",,~di~telY., " '. ;~ " Christian Fal11ilY.Matters, Inc. seeksimmedia e access tdthecity wa er line before the annexationprocesshas..beencompleted iriordefto.l.) providefiiepiotection./for.. an assemblY hall tinder construction pnthe pr?pery and, ~}~F~rovide waterfor domestic ~:rlJ'; residence l?c~te~ on the pr?perty..::;< ~> ' Christian Fal11iIy Maci~rs,THb.isj~~&od~t~cling~ithAdacoUntyre~~4i#g our . ./ri ConditionalU sePermit bhthepropertyat1345WestOverlandRoad....Weanticipate\.i ............r meeting all of the Conditions of Use sh6rtlyafteFthe assemblYhallis completed.iWe......><i. ..... respectfully request, therefore, to be heard regarding our request forirrirriediatehook,:,l.lp/. ..... .. . to the Meridian city waterline at the ~~~V5~ejting scheduleqtohike place on October... .i. .' ,'. 7, 2003. .;. ',. . ' '. : Thailk Y~ll for your conside;~tion. ' .... ': c';. f.U{>t. 'f2eprlt'f s . . ................. .......................... .. ..........i ......iii..............i.... J 0 -Oi-D .3 p.vl we.! , CHRISTIAN FA.MILY MAhER;, INC. .P~I3;~7~1 04000VERLANORD;. BOISE, IDAHO 83~ I ...... .. ........ g (208) 362~6358 ;Jt~(208r362~8626>i/ ..... . ... ... .,.: ...... .. <... <y i .....................i ........ .. .< ..... .--'-.... II ............. ~'~\.i: ..... , ./>< ....................... ....i ......... ..... ..i...... .SERJ~6. r~': .City Of _ericli~ '..ii City qrerkOffi~d./ " ' -.- : ............... ...... .i Dana O. Ariristro"ng Director , t" ' ** TX CONF tkl'lAT raN REPORT ** AS OF SEP 26 '03 15:05 PAGE. 01 CITY OF MERIDIAN 13 14 15 DATE TIME TO/FROM 09/26 15: 02 PUBL.I C WORKS 09/26 15:03 12084664405 09/26 15:04 2088886854 MODE EC---5 EC--S EC--S MIN/SEC PGS e0' 43" 002 00'43" 002 00'41" 002 CMDI:t 204 204 204 STATUS OK OK OK -------------------------------------------------------------------------------------------- September 24, 2003 Meridian City COlUlcil cfo William Berg-City Clerk 33 East Idaho Ave. Meridian, ill 83642 RECEIVED SEP 2 6 2003 City Of Meridian City Clel'k Office Dear Meridian City COlmci1: This letter is being sent to you as per a meeting held this morning between Mr. William Berg and Mr. Don Weber. Mr. Weber represented Christian Family Matters, Inc. Mr. Berg and Mr. Weber discussed annexation ofthc property owned by Christian Family Matters, Inc. at 1345 West Overland Road, Meridian. Idaho. Christian Family Matters, Inc. appeared before the Meridian City Council in May of 2002 to be heard prior to being granted a Conditional Use Permit by Ada County on the property mentioned. At that hearing Christian Family Matters, Inc. expressed the desire to be annexed into the City of Meridian at some time in the future. Now that city water has been installed next to our property We feel that it would be prudent to be annexed. However, our need is to be pew1itted to hook up to the city water line more quickly than the nonnal annexation process would allow, due to demands on our building project Therefore, as Mr. Weber disclosed, Cluistian Family Matters, Inc. seeks to be annexed into the City of Meridian and would like to begin the annexation process immediately. In addition, Christian Family Matters, Inc. seeks to enter into an agreement with the Cit)' of Meridian whereby Christian Family Matters, Inc. guarantees to accept annexation into the City of Mericlian as soon as the mmexatioll process is completed. and whereby the City of Meridian permits Christian Family Matters, Inc. to hook-up to the Meridian city water line, recently installed on Overland Road On the north border of out property, immediately. Christian ramily Matters, Inc. seeks immediate access to the city water line before the annexation process has been completed in order to 1.) provide fire protection for an assembly hall under construction on the property and, 2.) to provide water for domestic use at the residence located on the property. Christian Family Matters, Inc. is in good standing with Ada County regarding our Conditional Use Permit on the property at 1345 West Overland Road. We anticipate meeting all ofthe Conditions of Use shortly after the assembly hall is completed. We respecrfully request, therefore, to be heard regarding our request for immediate hook-up to the Meridian cily water line at the Public Meeting scbeduled to take place on October 7,2003. Dtpt. f4part S JD-O"l--D3 pvl W&. Thank you for your consideration. CHRlsnAN FAMILY MATTERS, 'NC.. PMB 347.10400 OVERLAND RD. -\3oISE, IDAHO 83; '$ (208) 362.-6358 . FAX (20B) 362-8626 October 3,2003 MERIDIAN CITY COUNCIL MEETING Department Reports October 7, 2003 ITEM NO. 4- 13- \ APPLICANT Planning and Zoning Department REQUEST Discussion of Request to Appeal Ada County Street Name Committee Decision to Mandate Continuation of Wingate Lane for Champion Park Subdivision: AGENCY COMMENTS 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: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: , ~...~ . .wV ()J ~v t' . utvZ{v~r u OTHER: See Attached Letter from Becky McKay, Engineering Solutions Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. C:U13S380941 p. 1 E:I}!~!l!!l'1~ ~OLUTIONSLLP 150 East Aikens Street Suite B Eagle. ID &3616 Phone: (20!l) 938-0980 Fax: (208) 938-094\ r~-mail: cs-hcckym@qwestllct September 30, 2003 RECEIVED SEP 3 0 2003 City of Meridian City Clerk Office Honorable Robert D. Corrie and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re; Champion Park Subdivision No.1 (Final Plat) Appeal of the Ad~ County Street Name Committee's Decision to Mandate the Continuation of the Street Name "Wingate Lane" for Champion Park Subdivision Dear Mayor and Council: We respectfully request that the City of Meridian formally approve the name N. Troxel Way instead of Wingate Lane for Champion Park Subdivision. We assert that Wingate Lane does not meet the definition of a street as outlined in Meridian City Code. The Meridian City Council has discretion in approving a new name for the street, as was recently done for the El Dorado Subdivision. Wingate Lane is not maintained by, nor dedicated to, Ada County Highway District, and will never be. Furthermore, the residents that take access off of Wingate Lane have been very vocal in their opposition to development in the vicinity that might use their private lane. By continuing the Wingate name in the Champion Park Subdivision, we increase the likelihood of someone mistakenly turning south on Wingate Lane. We respectfully request that the name ofN. Troxel Way be allowed in lieu of Wingate Lane. This request is consistent with the Meridian City Code, and we believe it is in the best public interest to do so. The theme of the entire subdivision is sports-oriented, and the naming of the primary entrance is very important to our client. The following excerpts from Meridian City Code support this request: 8-2-3; DEFINITIONS: STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication and maintenance of which the Ada County Highway District has accepted by official action (emphasis added). It shall include the terms C:\2003\30 11 \MeridianCC.doc SEP 30 '03 17:48 2089380941 PAGl=.lI\1 ~U89380941 p.2 Mayor and City CotUlcil September 30, 2003 Page 2 "street", "drive", "court", "circle'\ "private street", "road", "avenue", "boulevard", "lane", "place" and other such terms. (Ord. 271, 11-4-1974) 8-2-5: DESIGNATION OF STREET NAMES: A. Standards: The following standards shall be used in determining or approving street names: 6. Existing Names, Preference: Where the proposed street is on the same alignment, and is a continuation of an existing street, the name of the existing street shall be applied. Where a street is on the same alignment but is not linked to an existing street, the Commission, upon recommendation of the Ada County Highway District, shall designate a name giving preference to existing names. C. Subdivisions: 3. Overall Theme: Subdividers shalJ be encouraged to use an overall theme when naming their streets (emphasis added). Attached is a copy of the Ada County Street Name Evaluation approving the name of Troxel. The plat is at the Ada County Engineer's office awaiting his signature, and he will not sign the plat without your approval of the street name. Thank you for your consideration of this request. We would appreciate your favorable decision. Sincerely, Engineering Solutions, LLP ~ /UU7-' :c.-:-1J /1/1- - ~ ' Becky McKay, Partner BM:ss Attachment cc: Hillview Development Corporation Anna Borchers-Powell C:\200~\3011 \MeridianCC.doc SEP 30 '03 17: 48 2089380941 POr.~ DO ~utltl::f80S41 p.3 PRELIMINARY2 8/28/03 ADA COUNTY STREET NAME EVALUATION SUBDIVISION NAME: Champion Park Sub No 1 (aka Parkstone Suhb) AGENCY and AGENCY FILE NO: Meridian Sub FP 03-034 SECTIONITOWNSHIPfRANGE: 4N1E32 SURVEYOR/DEVELOPER: Engineering Northwest The street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMlTIEE (Under the direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance. THE FOLLOWING EXISTING STREET NAMES SHALL APPEAR ON THE PLAT: ~USTICKROAD' I N. WINGATE WAY -, I .j '/ E. SUMMER DAWN DRIVE . THE FOLLOWING PROPOSED STREET NAMES ARE APPROVED: , E, BOWMAN STREET . . N. HAV/KINS AVENUE \ '\ E. CONNER STREET . ~ N. CAFFERTY WAY ,; ;( ()'dJv AN OKER STREET ~ .. TROXEL /'f E. SATTERFIELD STREET', t \ N. DIXON AVENUE .. '" , THE FOllOWING PROPOSED STREET NAMES ARE DENIED: I I I THE FOLLOWING CHANGES OR CORRECTIONS NEED TO BE MADE: N. WINGA TE WAY WILL REPLACE TROXEL. "'DEPENDING ON DECISION OF BOARD ON A NON ALIGNED NAME. NOTE: IF THERE ARE CORRECTIONS AND CHANGES RECOMMENDED. PLEASE MAKE THESE CHANGES ON THE SUBDIVISION PLAT AND RESUB IT TO THE CQ TEE. A FINAL REVIEW ON YELLOW PAPER MUST BE PRESENTED TO THE A A OUNTY ENGIN ER AT TIME OF RECORDING. / MERIDIAN John Priester /" - M.' 1"--... ~ " /' ..J.r." Represent"':, DATE ~Z-;f/O~ f L- DATEd' df/r6;j DATE~J-9~{J3 DATE ~/b&k ADA COUNTY ENGINEER FIRE DEPARTMENT Representative ADA COUNTY IDGHW A Y DIS. Representative ADACOUNTEMER. RESP. Representative ABSEf~ ~ NUMBERING OF LOTS AND BLOCKS rtJf,( fl/ DATE DATE V2f~3 SEP 30 '03 17:49 ~t""':II~""'-"lI"""'-"- ~ ~ 150 East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938"()941 E-mail;es-beckym@qwest.net September 30,2003 = RECEIVED' SEP 3 0 2003 Honorable Robert D. Corrie and City Council City of Meridian 33 East Idaho Meridian, ill 83642 City Of Meridian City CierI\. Office Re: Champion Park Subdivision No.1 (Final Plat) Appeal of the Ada County Street Name Committee's Decision to Mandate the Continuation of the Street Name UWingate Lane" for Champion Park Subdivision Dear Mayor and Council: We respectfully request that the City of Meridian formally approve the name N. Troxel Way instead of Wingate Lane for Champion Park Subdivision. The following excerpts from Meridian City Code support this request: 8-2-3: DEFINITIONS: STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication and maintenance of which the Ada County Highway District has accepted by official action (emphasis added). It shall include the terms "street'" fldrive'" "court", "circle", "private street'" "road", "avenue", "boulevard", "lane''. "placell and other such terms. (Ord. 271, 11-4-1974) 8-2-5: DESIGNATION OF STREET NAMES: A. Standards: The following standards shall be used in determining or approving street names: 6. Existing Names, Preference: Where the proposed street is on the same alignment, and is a continuation of an existing street, the name of the existing street shall be applied. Where a street is on the same alignment but is not linked to an existing street, the Commission, upon recommendation of the Ada County Highway District, shall designate a name giving preference to existing names. C. Subdivisions: 3. Overall Theme: Subdividers shall be encouraged to use an overall theme when naming their streets (emphasis added). C:\Documents and Settings\smiths.MERlDIANCITY\Local Settings\Temporary Internet Files\OLKC\MeridianCC.doc Mayor and City Council September 30,2003 Page 2 We assert that Wingate Lane does not meet the definition of a street as outlined in Meridian City Code. This request was also made of Ada County Engineer John Priester on September 10, 2003; to date, there has been no response. The Meridian City Council has discretion in approving a new name for the street, as was recently done for the EI Dorado Subdivision. Wingate Lane is not maintained by, nor dedicated to, Ada County Highway District, and will never be. Furthermore, the residents that take access off of Wingate Lane have been very vocal in their opposition to development in the vicinity that might use their private lane. By continuing the Wingate name in the Champion Park Subdivision, we increase the likelihood of someone mistakenly turning south on Wingate Lane. We respectfully request that the name ofN. Troxel Way be allowed in lieu of Wingate Lane. This request is consistent with the Meridian City Code, and we believe it is in the best public interest to do so. The theme of the' entire subdivision is sports-oriented, and the naming of the primary entrance is very important to our client. Attached is a copy of the Ada County Street Name Evaluation approving the name of Troxel. The Ada County Street Name Committee is awaiting your decision. Thank you for your consideration ofthis request. Sincerely, Engineering Solutions, LLP Becky McKay, Partner BM:ss cc: Hillview Development Corporation C:\Documents and Settings\smiths.MERIDIANCITY\Local Settings\Temporary Internet Files\OLKC\MeridianCC.doc 606 Colwnt/-'reet, NW Suite 217,,<. . Olympia, Washington 98501 Tel: (360) 943.7525 Fax: {360) 943-7513 www.brownandcaldweU.com August 26, 2003 Mr. John Shawcroft City of Meridian Meridian Wastewater Treatment Plant 3401 North Ten Mile Road Meridian, Idaho 83642 20-91397.401 Subject: Statement of Qualifications and Proposal Meridian Pretreatment Local Limits Dear Mr. Shawcroft: Thank you for the opportunity to meet with you and discuss Brown and Caldwell's current electronic operations and mairitenance manual wolk with the City, in addition to your upcoming projects. Phyllis and I were very impressed with the Meridian Wastewater Treatment Plant (WWfP) and your ability to respond to the rapid population growth that the City has experienced during the past decade. As a follow-up to our discussion about the City's industrial pretreatment program, we have prepared this Statement of Qualifications (SOQ) and Proposal. This SOQ and Proposal summarize Brown and Caldwell's experience with pretreatment programs and outline our approach to assist the City in developing locallirnits. For convenience, this proposal is presented in a form that can be accepted and signed as an agreement between Brown and Caldwell and the City of Meridian, hereinafter "Client. II Our proposed project team brings the diversity of experience and professional skills to evaluate all aspects of a pretreatment program when reassessing locallirnits and the impacts of wastewater constiruents on wastewater treatment plants. More specifically the team is: · Experienced with the development of local limits; · Knowledgeable about wastewater treatment systems and defining local limits that are necessary to protect and maintain effluent requirements; and, · Knowledgeable about the Client's wastewater facilities and discharge challenges. Our experience with industrial pretreatment brings a total system perspective to your project. Not only do we have an understanding of how to develop industrial pretreatment programs, we also understand the impacts that the program can have on industrial wastewater treatment plant operation. Though a key goal of an industrial pretreatment program is to protect the processes of the City's wastewater treatment plants, there are situations in which industrial discharges can actually be beneficial to the collection system and the treatment plant. Our experience and 0:\03 M<lrketing\Meridian Pretreatment Limits SOQ and ProposJ! FinJ!.doc Environmental Engineers & Consultants f Mr. Joh.:~3hawcroft August 26, 2003 Page 2 of7 approach will ensure that beneficial aspects of industrial discharges are recognized while protecting the wastewater from harmful discharges. Another aspect of evaluating locallirnits that cannot be overlooked is the impact these limits will have on the local businesses. Brown and Caldwell understands the importance of considering the ramifications of local limits from the discharger's viewpoint while protecting the wastewater collection and treatment system. The challenge is to develop limits that are economically attainable by the business without compromising the environment. Brown and Caldwell staff are familiar with the use of computer programs that can be used to assist in the development of local limits for pretreatment. PRELIM is a computer program developed by the United States Environmental Protection Agency for calculating local limits. Brown and Caldwell staff have used PRELIM for several local limit determinations. More importantly, we understand the sensitivity of the program to the input variables. Simply plugging numbers into a program can result in local limits that are too restrictive or not restrictive enough. As is true with most computer programs, the output is only as good as the input. On virtuallyeveiy program for which we have developed local limits, subjective and objective measures were applied to the input data. We conduct a thorough evaluation of the input variables for reasonableness before using PRELIM. Occasioncilly an unusual characteristic of a pollutant or the wastewater poses a challenge to assessing the impact of an industrial discharge. In these situations, Brown and Caldwell can use TOSGIEM, a computer model. TOXCHEM can model the fate of pollutants through wastewater facilities. We have used TOXQ-IEM to refine pollutant pass-through and pollutant impact information for a wide range of applications. Our proposed project manager, Henryk Meleer, is the lead developer of TOXCHEM and will apply it as necessaty to local limit evaluation. Attachment A surrunarizes some of Brown and Caldwell's pretreatment work for municipalities and industries over the past decade. Project Approach and Scope of Work The assessment of established local limits requires a review of historical data, evaluation of the influent wastewater characteristics, and a determination of its impact on the plant's ability to meet its pennit conditions. The results of this investigation provide the necessary information to assess the proposed modifications of the local limits. The approach below takes a system-wide view of the City's wastewater system to determine effective means of managing industrial waste discharges that comply with regulations and are manageable and enforceable by the City. 0:\03 Marketing\Meridian Pretreatment Limits SOQ and Proposal FinaLdoc ,i" , Mr. ]oL._5hawcroft August 26, 2003 Page 3 of7 Scope of Work to Develop Pretreatment Local Limits for the City of Meridian, Idaho Task 1: Gathering Existing Information Objective. To gather information on Industrial Users (ill) that discharge into Meridian sanitary sewer system in order set locallirnits, evaluate pass through, sludge contamination, and develop permit guidelines for the pretreatment program. Assumptions. Information is readily available from the Cities of Meridian and/or Boise, Idaho and that meetings with City staff and/or industrial user surveys are not necessary. Activities. 1. This task includes the following activities: Identify ills that discharge to the P01W that will be subject to pretreatment local limits. Gather information on IUS including flows and pollutant concentrations based on sample data collected by the Cities of Meridian and Boise and IUs. 2. Task 2: Evaluate and Determine Properties and Concentrations of Pollutants Objective. Evaluate and detennine properties and concentrations of pollutants in industrial discharges. Assumptions. Information gathered under Task 1, and published values for similar ills when sample data is not available, will be used to evaluate and determine properties and concentrations of pollutants in industrial discharges. Activities. This task includes the following activities: 1. Determine average and peak pollutant levels in discharge for each individual facility. 2. Determine aggregate average and peak of levels of each pollutant in primaty influent to PON. Task 3: Identify Pollutants of Concern, Evaluate Pass Through, and Interference (Sludge Contamination) Objective. Determine effects of total indirect discharge on POTW operations. Assumptions. Secondary Treatment and Sludge Handling is carried out using standard WWTP operations. Activities. This task includes the following activities: 1. Modeling of pollutant levels in sludge and their effect on settling, flocculation, etc. 2. Determine POTW ability to treat concentrations of pollutants that pass though without being able to be treated by standard operations. 0:\0:3 Marketing\Meridian Pretreatment Limits SOQ and Proposal Final.doc i Mr. Jot,...< Shawcroft August 26, 2003 Page 4 of7 Task 4: Determine Contributions to Plant Influent from Non- permitted Sources. Objective. To gather information on discharges to the Meridian sewer system from non-permitted sources. Assumptions. City of Meridian can provide information on residential and non- permitted wastewater sources to treatment plant. . Activities. This task includes the following activities: 1. Evaluate fraction of influent flow from non-pennitted sources 2. Identify pollutants introduced into the plant from these sources. Task 5: Calculate Pretreatment Limits. Objective. Determine maximum level of pollutants any industrial user may discharge. Activities. This task includes the following activities: 1. Based in modeling of plant effluent pollutant concentrations, determine maximum level of influent pollutants to POTW. 2. Determine maximum indirect discharge level for each ill to ensure maximum influent pollutant levels to POTW are not exceeded. Task 6: Attend Meetings With Meridian Staff and IUs. Objective. A Brown and Caldwell staff member will be available to attend meetings to review progress of the pretreatment program, answer questions regarding the pretreatment program, and answer any technical questions regarding the work being done by Brown and Caldwell Staff at the request of the City of Meridian. Costs for attending meetings are not included in the proposed budget. Proj ect Team We have identified a highly qualified team to assist the City in developing locallirnits. We propose Heruyk Melcer as project manager and Patricia Tamas project engineer. I will serve as Principal-in-Charge. Resumes for each of these individuals are included as part of this package. Proposed Budget and Schedule Table 1 presents the proposed budget summary for this w01k The total cost of the proposed work shall be performed on a time and materials basis not exceed $15,000. The City of Meridian will perform lab analyses upon direction and guidance from Brown and Caldwell. 0:\03 Marketing\Meridian Pretreatment Limits SOQ and Proposal Fin:u.doc f Mr. ]01L3hawcroft August 26, 2003 Page 5 of7 Table 1. Task Summary Task description Gathering Existing Information Detennine Characteristics and Volume of Pollutants Identify Pollutants of Concern, Evaluate Pass Through, and futerference (Sludge Contamination) Determine Contributions to Plant Influent from Un-pennitted Sources Calculate Pretreatment limits Attend Meetings With Meridian Staff and IUs Total Estimated Budget $1,982 $2,142 $2,989 $1,166 $2,666 $3,500 $14,445 The work defined herein shall begin October 1, 2003. The estimated time for completion is within 35 calendar days thereafter. All work will be performed in accordance with Brown and Caldwell's attached Standard Terms and Conditions (CL~L-TC) dated July 1, 2003. To accept this proposal, please sign and date both copies and return one copy to Brown and Caldwell. We look forward to conducting this project with you. Very tru.lyyours, The undersigned agrees to the Terms and Conditions of this Letter Agreement attached hereto. Signature City of Meridian Chris Cleveland, Vice President s<~~ Printed Name To..W\IN\'j d~ W~Q.l("d Title CO\JII\<:..; I "P('~s'(d~\I\.+ - - 0: \03 Markecing\Meridian Pretreatment Limits SOQ and Proposal Final.doc Brown and Caldwell/CL~lt Standard Terms and Conditions I. SCOPE Brown and Caldwell (Be) agrees to perform the services described in the scope of work attached hereto which incor- porates these terms and conditions. Unless modified in writing by the parties hereto, the duties of BC shall not be construed to exceed those services specifically set forth in the proposal. These terms and conditions and the proposal, when executed by Client, shall constitute a binding agreement on both parties (hereinafter the "Agreement"). n. COMPmSATION Client agrees to pay for the services in Article I in accordance with the compensation provisions in the proposal. Payment to BC will be made within 30 days after the date of billing. Interest on the unpaid balance will accrue beginning on the 31st day at the maximum interest rate permitted by law. Tlffie-related charges will be made in accordance with the billing rate referenced in the proposal or Agreement. Direct expenses and Subcontractor services shall be billed in accordance with the proposal or compensation exhibit attached to this Agreement. Otherwise, BC's standard billing rates shall apply. In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice. Consultant shall have the right to suspend work per Article XlV, Suspension of Work ill.RFSPONSmll.ITY STANDARD OF CARE. BC is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the Work BC shall perform the services in accordance with generally accepted engineering practices and standards in effect when the services are rendered. BC does not expressly or impliedlywammt or guarantee its services. In perfonning construction management services, BC shall act as agent of Client. BC's review or supervision of work 'prepared or performed by other individuals or firms employed by Client shall not relieve those individuals or firms of complete responsibility for the adequacy of their work . The presence of Be's personnel at a construction site, whether as on-site representative, resident engineer or construction manager, shall be for the sole purpose of determining that the work is generally proceeding in conformance with the intent of the project specifications and contract documents and does not constitute any form of guarantee or assurance with respect to contractor's performance. BC shall have no responsibility for the contractor's means, methods, techniques, sequences, for safety precautions and programs incident to the contractor's work, or for any failure of contractor to comply with laws and regulations applicable to perfonning its work REllANCE UPON INFORMATION PROVIDED BY OTI-IERS. If BC's performance of services hereunder requires BC to rely on information provided by other parties (excepting Be's subcontractors), BC shall not independently verify the validity, completeness or accuracy of such inIormation unless otherwise expressly engaged to do so in writing by Client. 0: \03 Marketing\Meridian Pretreatment Limits SOQ and Proposal Final.doc IV. INDEMNIFICATION BC agrees to indemnify, defend, and hold Client hannless from and against any liability to the extent arising out of the negligent acts, errors or omissions of BC, its agents, employees, or representatives, in the performance of duties under the Agreement. Regardless of any other term of this Agreement, in no event shall BC be responsible or liable to Client for any incidental, consequential, or other indirect damages. V. INSURANCE BC shall maintain during the life of the Agreement the following minimum insurance: 1. Commercial general liability insurance, including personal injury liability, blanket contractual liability and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non- owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 3. Statutory worker's compensation and employers' liability insurance as required by state law. 4. Professional liability insurance with limits of not less than $1,000,000. VI. SUBCONIRACIS BC shall be entitled, to the extent detennined to be appropriate by BC, to subcontract any portion of the Work to be performed under this Agreement. VIT. ASSIGNMENT If the authorized scope of work includes construction activities or the oversight of construction, BC may, at its discretion and upon notice to Client, assign all of its contractual rights and obligations with respect to such activities or services to Brown and Caldwell Constructors, its wholly owned affiliate. If the authorized scope of work requires professional services to be performed in a jurisdiction in which BC renders professional services solely through a locally registered engineering affiliate for purposes of compliance with professional licensing requirements in that jurisdiction, BC may, in its discretion, upon notice to Client, assign its contractual rights and obligations with respect to such services to such locally registered engineering affiliate. VITI. IN1EGRATION These terms and conditions and the proposal to which they are attached represent the entire understanding of Client and BC as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. 1v1r. John Shawcroft August 26, 2003 Page 7 of7 The Agreement may not be modified or altered except in writing signed by both parties, provided further that any terms and conditions in any client authorization or purchase order issued in connection or under the Agreement which are inconsistent with the Agreement are hereby superseded and shall be of no force and effect. IX. arOICE OF LAW /JURISDICTION This Agreement shall be administered and interpreted under the laws of the state in which the BC office responsible for the project is located. Jurisdiction of litigation arising from the Agreement shall be in that state. X. SEVERABILITY If any part of the Agreement is found unenforceable under applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect. XI. FORCE MAJEURE BC shall not be responsible for del~ in performing the scope of services that may result from causes beyond the reasonable control or contemplation of Be. BC will take reasonable steps to mitigate the impact of any force majeure. XII. NO BENEFIT FOR 1HIRD PARTIES The services to be performed by BC hereunder are intended solely for the benefit of Client, and no right nor benefit is conferred on, nor any contractual relationship intended or established with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on Be's performance of its services hereunder. XllI. WORK PRODUCf BC and Client recognize that BCs work product submitted in performance of this Agreement is intended only for the Client's benefit and use. Change, alteration, or reuse on another project by Client shall be at Client's sole risk, and Client shall hold harmless and indemnify Be against all losses, damages, costs and expense, including attorneys' fees, arising out of or related to any such unauthorized change, alteration or reuse. XIV. SUSPE!'lSION OF WORK Work under this Agreement may be suspended as follows: 1. By Client. By written notice to BC, Client may suspend all or a portion of the Work under this Agreement if unforeseen circumstances beyond Client's control make normal progress of the Work impracticable. BC shall be compensated for its reasonable expenses resulting from such suspension including mobil.ization and de- mobil.ization. If suspension is greater than 30 ~s, then BC shall have the right to terminate this Agreement in accordance with Article XV, Termination ofW ork. 0:\03 Marketing\Meridian Pretreatment Limits SOQ and Proposal Final.doc 2. By BC. By written notice to Client, BC may suspend the WOlk if Be reasonably determines that working conditions at the Site (outside BC's controO are unsafe, or in violation of applicable laws, or the event Client has not made timely payment in accordance with Article II, Compensation, or for other circumstances not caused by BC that are interfering with the normal progress of the Work BC's suspension of Work hereunder shall be without prejudice to any other remedy of BC at law or equity. XV. TERMlNATION OF WORK This Agreement may be terminated as follows: 1. By Client (a) for its convenience on 30 days' notice to BC, or (b) for cause, if BC materially breaches this Agreement through no fault of Client and Be neither cures such material breach nor makes reasonable progress toward cure -within 15 ~s after Client has given written notice of the alleged breach to BC. 2. By Be (a) for cause, if Client materially breaches this Agreement through no fault of BC and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after BC has given written notice of the alleged breach to Client, or (b) upon five days' notice if Work under this Agreement has been suspended by either Client or Be in the aggregate for more than 30 ~s. 3. Payment upon Termination. In the event of tennination, BC shall perform such additional work as is reasonably necessary for the orderly closing of the Work. BC shall be compensated for all work performed prior to the effective date of termination, plus work required for the orderly closing of the Work. Except for tennination of BC by Client for cause, BC shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of termination. XVI. NOTICES All notices required under this Agreement shall be by personal delivery, facsimile or mail to the BC Project Manager and to the person signing the proposal on behalf of the Client, and shall be effective upon delivery to the addressed stated in the proposal. CITY OF MERIDIAN ORDINANCE NO. IJ.J -I {/ 4-b" BY THE COUNCIL: BIRD, DE WEERD, MCCANDLESS, NARY AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, SECTION 6, MERIDIAN CITY CODE; ADDING TO SAID SECTION 6 SUBSECTION A LANGUAGE DEFINING "ALLEY" AND MAKING THE SPEED LIMIT IN ALLEYS FIFTEEN (15) MILES PER HOUR; TO DELETE THE WORDS "AND ALLEYS" IN SUBSECTION B OF SECTION 6; AND ADDING TO SECTION 6 A NEW SUBSECTION C WHICH PROVIDES FOR CONDITIONAL SPEED LIMITS IN A MARKED SCHOOL ZONE; PROVIDING FOR AN INFRACTION PENALTY OF ONE HUNDRED DOLLARS, EXCLUDING COURT COSTS AND FEES, FOR SPEEDING IN A MARKED SCHOOL ZONE; PROVIDING FOR CONFLICT, V ALIDITY, SA VINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 7, Chapter 1, Section 6, Meridian City Code is hereby amended to read as follows: 7-1-6 SPEED RESTRICTIONS: No person shall drive a vehicle, except emergency vehicles, at a greater speed than designated as follows: A. Parks and Alleys: In any public park, or in any alley, fifteen (15) miles per hour. The term <<alley" shall mean a minor public way providing secondary access at the back or side of a property for vehicle or pedestrian traffic. B. City Streets: On all other streets and alleys in Meridian, twenty-five (25) miles per hour, or as otherwise posted. SCHOOL ZONE ORDINANCE PAGE 1 OF 3 C. School Zones: Twenty miles per hour when any ofthe following exist: 1. A school speed limit sign with flashing lights attached and the words "when f1ashin~" posted and the lights are activated; or 2. A school speed limit sign with "when children are present" included thereon, and there is a child or children present. When children are present shall be defined to mean whenever one or more child/children are present and clearly visible on the roadway, shoulder area, sidewalk, or other area immediately adjacent to the roadway on which the school zone is located. This definition applies to children present on the same side of the street as the school building, as well as across the street from the school building or in any direction within the marked school zone, and is not restricted to school days or hours; or J.. A school zone speed limit sign with "7:00 a.m. to 4:30 p.m." included thereon. 4. Any person that violates this section shall be guilty of an infraction and shall be assessed a fixed penalty of One Hundred Dollars ($100.00) excluding court costs and fees. Section 2. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and arulUlled. Section 3. VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent ofthe elimination herefrom of any portion as may be declared invalid. Section 4. SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. Section 5: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED by the Council ofthe City of Meridian, Idaho, this '7 -I:!: day of (Jofv ~ 2003. SCHOOL ZONE ORDINANCE PAGE 2 OF 3 APPROVED by the Mayor of the City of Meridian, this 7-6- day of t/C//t;?6w ,2003. ATTEST: APPROVED: - - -A~ ~ (!~iili/ 9v- \\fllliam G. Berg, City Cl rk An Ordinance ofthe City of Meridian By: William G. Berg, Jr., City Clerk First Reading: 1&- 7 -- () 3 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES >< NO Second Reading: Third Reading: STATE OF IDAHO,) : ss. County of Ada ) On this 1.tlr-. day of V c+Vbv'l ,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, respectively, 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. ........IlI. .~ON S~.. \ ~ :t~..o.fAJ?..4.. I ~ "_ 11/ .~i.l:(,'~ J.. ..\~._ ( , V lbt/1 rYl l1"/r----' (SEAL) :"J/ \ ~ NOTARY PUBLIC FOR IDAHO : \ ; : RESIDING AT:J11cdJvn-lv-Jdclw ~. \'" b,.-\C./~... MY COMMISSION EXPIR~ 1-2't1Y5 +. 0'1l"~..~!Sl::~~~+. Z:\Work\M\Meridiall\Meridie~~((!)F~ftinccs City Hull\2003 Ord\SCHOOLZoncOrd.rtf -/l".... SCHOOL ZONE ORDINANCE PAGE 3 OF 3 YLto~~~ y~* ~ r ~d\oHu )JOD("-/ -"Tll{1{I,)L) CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 7, 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. Tabled from September 23, 2003: Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: B. Approve minutes of September 9, 2003 City Council Regular Meeting: C. Approve minutes of September 16, 2003 City Council Regular Meeting: D. Approve minutes of September 16,2003 Pre-Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: VAC 03-004 Request for Vacation of a dedicated fifteen-foot right-of- way on West 4th Street for Meridian Head Start by Friends of Children and Families, Inc. -- 333 West Broadway Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig - east of South Eagle Road and south of East Franklin Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 03-035 Request for a Conditional Use Permit for a martial arts I self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: Meridian City Council Agenda - October 7, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least <IS hours prior to the public meeting. H. Approve I Award Bid for Bear Creek Park Restrooms - Haemker General Contracting Company: I. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - locust Grove Chevron, 1950 East Fairview Avenue: J. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Eagle Road Chevron, 3100 East Magic View Drive: K. Beer I Wine License Transfer from Steve Eddy to Jackson's Food Stores - Meridian Chevron, 180 East Central Valley Drive: L. ACHD Warranty Deed for locust Grove Fire Station: M. Storm Water Drainage Easement for Locust Grove Fire Station: N. Right of Way Traffic Signal Easement for Locust Grove Fire Station: O. Joint Effort Agreement with Ada County Highway District for Franklin Road Rebuild Project (Including Installation of Water and Sewer Facilities): P. Agreement for Professional Services with Brown & Caldwell - Wastewater Pretreatment Local Limits: Q. Water Main Easement for St. Luke's Helipad and Crew Quarters: R. Water Main Easement for RC Willey Carpet Warehouse: S. Extended Warranty Agreement with Schindler Elevator for Meridian Police Department: T. Award of Contract - 2004 Locust Grove Sewer and Water: U. Approve Contract for Well No. 25 Inspection Services and Hydraulic Testing Possible: V. Approve Bills: 4. Department Reports Meridian City Council Agenda - October 7, 2003 Page 2 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 hearing please contact the City Clerk's Office at 88&-4433 at least 4& hours prior to the public meeting. A. Public Works Department: 1. Discussion of Request by Christian Family Matters for Water Service - 1345 West Overland Road: 2. Discussion of Non-Development Agreement for Lochsa Falls Subdivision No.4, 5, and 6: B. Planning and Zoning Department: 1. Discussion of Request to Appeal Ada County Street Name Committee Decision to Mandate Continuation of Wingate Lane for Champion Park Subdivision: 5. (Items Moved from Consent Agenda) 6. Ordinance No. Zone Ordinance: Parks, Alleys and School 7. Tabled from September 16, 2003: FP 03-048 Request for Final Plat approval of 92 residential building lots and 11 other lots on 35.52 acres in an R-8 zone for Birchstone Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: 8. FP 03-052 Request for Final Plat approval of 12 building lots and 9 other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - South Stoddard Road and West Victory Road: 9. FP 03-053 Request for Final Plat approval of 16 building lots and 2 other lots on 10.284 acres in an R-4 zone for Setter Cove Subdivision by MKH Development, Inc. - east of North Locust Grove Road and north of East Ustick Road: 10. FP 03-054 Request for Final Plat approval of 9 building lots and 3 other lots on 3.11 acres in a C-G zone for Baltic Place Subdivision No.1 by LC Development, Inc. - 1095 East Franklin Road: 11. FP 03-055 Request for Final Plat approval of 16 building lots and 3 other lots on 10.17 acres in C-N and R-40 zones for Devon Park II by Fairview Lakes, LLC - 824 East Fairview Avenue: 12. Public Hearing: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar Sprinas No.3 by Howell Meridian City Council Agenda - October 7, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Road: 13. Public Hearing CUP 03-038 Request for a Conditional Use Permit for a tri-plex in an R-15 zone for Troy Palmer Tri-Plex by Troy Palmer - 1236 East 2 % Street: 14. Public Hearing CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-O zone for Meadow Lake Villaae Medical Office by Hummel Architects, P.A. - east of North Eagle Road and south of East Franklin Road: 15. Public Hearing: AZ 03-017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: 16. Public Hearing: PP 03-022 Request for Preliminary Plat approval of 14 building lots and 3 other lots on 6.00 acres in a proposed R-4 zone for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: Meridian City Council Agenda - October 7, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. COlTie '? lr1:'>t/ V O~-r ~ Y\Jb~;~(/ ~1~'LU -1 hc4vvL) ...."',.~%. l~U LEGAL DEPARTMENT .':L';!< l-".", _~) ~ fik-,C . . 't (208) 466.9272 . FAX 466-4405 clfe;;di;~;-'4l; '\ IDAHO II - iY -;. J 'Q Q {h.eF/ '/ G t1.,: TFlEASur~.~ V ~ ! 5!ilCI; ! 1903 PARKS & RECREATION (208) 888-3579 . Fax 898-550 [ PUBLIC WORKS (208) 898-5500. Fax 887-1297 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird BUILDING DEPARTMENT (208) 887-2211' Fax 887.[297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 NOTICE OF PREMCOUNCIL 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, October 7, 2003 at 5:30 P.M. The Meridian City Council will be discussing the following agenda items: - Continued from September 23, 2003: Discussion with Lee Centers on Silvercreek Subdivision (fka Powder River Subdivision) - Revitalization Area Marketing Strategy Discussion - Discussion of Design Standards in Downtown Core - Presentation of New Park Impact Fees - Doug Strong The public is welcome to attend the meeting. DATED this 3rd day of October, 2003. - - 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Of/1ce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887.4813 n n 'I ~" "I fA ,1/ ~ UJJij ~ 0:51- (lOr vJ Ia \ k/ cffi /J0-\ 'I t!i'vi? CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 7,2003 at 5:30 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. Continued from September 23, 2003: Discussion with Lee Centers on Silvercreek Subdivision (tka Powder River Subdivision): (15-20 minutes*) 4. Revitalization Area Marketing Strategy Discussion: (25-30 minutes*) 5. Discussion of Design Standards in Downtown Core: (25-30 minutes*) 6. Presentation of New Park Impact Fees - Doug Strong: (5-10 minutes*) '" Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - October 7, 2003 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ",/:"-. ** TX CONFIRMt...IN REPORT ** AS OF OCT 07 14:31 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 04 10/07 14:30 208 466 0944 MODE MIN/SEC PGS CMD~ STATUS EC--S 01'06" 004 100 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 7,2003 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. Tabled from September 23, 2003: Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: B. Approve minutes of September 9, 2003 City Council Regular Meeting: C. Approve minutes of September 16, 2003 City Council Regular Meeting: D. Approve minutes of September 16, 2003 Pre-Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: VAC 03.004 Request for Vacation of a dedicated fifteen-foot right-of- way on West 4'h Street for Meridian Head Start by Friends of Children and Families, Inc. -. 333 West Broadway Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 03.030 Request for a Conditional Use Permit for a drive-thru coffee kiosk in an L-O zone for Coffee Kiosk by Donn Reiswig - east of South Eagle Road and south of East Franklin Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 03-035 Request for a Conditional Use Permit for a martial arts! self defense establishment for children in a C-N zone for Karate For Kids by Petra, Inc. - southeast corner of South Linder Road and West Franklin Road: Meridian Ci(y c"uoeiJ Agcnrl3 - Octobcr 7, 2003 l'ilJle I of 4 All n\;llc'i~\$ p"""'nl.1I ~l public m~i"es Sll~l1l>~"um" propony of the City "fMeridiall. I\"y""" u.~iring 3ccommod3lrOn (or Uil;UbiJitlcs n:1610d to documcllls Jlld/ur helUmll plcc,. CM1~tllhc City Clerk's OWee al KRS.443> at l"~st 48 huurs prior In the pUblic mccl!ilg. MAYOR Robert D. Corrie '~' j: '~ clfe;;di;;t~; CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird IDAHO "" " ~, " \' V l pY /" q,HC' ,1903 LEGAL DEPARTMENT (208) 288.2499. Fax 288-2501 PARKS & RECREATION (208888.3579. Fax 898-5501 PUBLIC WORKS (208) 898-5500 .Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888.6854 NOTICE OF SPECIAL JOINT WORKSHOP I MEETING MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, October 6,2003 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies such as: - Landscaping I approvals of detention pond sites, - Main Street I Meridian Road one-way couplet, - Update on Ten Mile interchange I State Highway 16 alignment, - Intersection improvements in North Meridian Area, - Request for four way stop at W. Chateau and Glennfield Way, - Other issues time permitting. SEAL ?J ~ c;,C) 2 WILLIAM G. BERG, JR. - ITY ~ Us -C' '\ ..p-:: ~ (') r 1S\' ,,'.f' ...." "'9 R> "?- ,.... Meridian City Council Special Joint Meeting with ACHD Commissioners - October 6, 2003 ....""-'111 CbUl'ni ' '1:\\\\\" All materials presented at public meetings shall become the property of the City of Meridian. 1// I It Il ; 11 11 i \ \ \ \ \ \ Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the Administration of Ada County Highway District at 387-6100 at least 48 hours prior to the public meeting. J!~ The public is welcome to attend. DATED this 1 st day of October, 2003. 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 ( Revised AGENDA JOINT MEETING - CITY OF MERIDIAN/ACHD COMMISSION OCTOBER 6, 2003 -12:00 P.M. ACHD AUDITORIUM, 318 E. 37TH STREET GARDEN CITY Landscaping/Approvals of Detention Pond Sites Elected Officials /J1f/lff /hptytZA-- Elected Officials R.,OS'e/t lith cL Elected Officials L €viAJu IJ Main/Meridian One-Way Couplet III Update on Ten Mile Interchange/ State Highway 16 Alignment IV Intersection Improvements in North Meridian Area V Other (time permitting) Elected Officials ICe}'VI rn e r Revised AGENDA JOINT MEETING - CITY OF MERIDIAN/ACHD COMMISSION OCTOBER 6, 2003 -12:00 P.M. ACHD AUDITORIUM, 318 E. 37TH STREET GARDEN CITY Landscaping/Approvals of Detention Pond Sites Elected Officials II Main/Meridian One-Way Couplet Elected Officials III Update on Ten Mile Interchangel State Highway 16 Alignment Elected Officials IV Intersection Improvements in North Meridian Area Elected Officials V Other (time permitting) lnt::):S~1:l .L u.e;'" ~ '\..IA. .I. Will Berg Bill Nichols [wfn@WHITEPETERSON.com] Friday, October 03, 2003 1 :49 PM Robert Corrie; Tammy de Weerd (tdeweerd@msn.com); birdronaldkeith@msn.com; cgmccandless@msn.com;'WilliamNary' Cc: Will Berg Subject: Joint meeting with ACHD Mayor and Council From: Sent: To: I will be sending Jill Hollnka from our office to cover the Joint CounciVACHD meeting on Monday. I will review the agenda with her today. Thanks SiIlN. 10/3/2003 ( Will Berg From: Sent: To: Subject: Anita Overlin Thursday, October 02, 2003 3:00 PM Will Berg RE: ACHD I City of Meridian Agenda for 10-6-03 Will, Mayor asked that you delay the four way stop issue until the next council meeting. -----Origina1 Message----- From: Will Berg [mailto:bergw@meridiancity.org] Sent: Tuesday, September 30, 2003 8:48 PM To: Tammy de Weerd; Bill Nary (E-mail); Cherie McCandless (E-mail); Keith Bird (E-mail); Bob Corrie (E-mail); Will Berg Cc: Anna Powell (E-mail); Gary Dean Smith (E-mail); Bill Nichols (E-mail) Subject: RE: ACHD / City of Meridian Agenda for 10-6-03 That item was place toward the end of the agenda for that reason (to possibly delay the discussion until the next meeting). Thanks. . . . Will -----Original Message----- From: Tammy de Weerd [mailto:tdeweerd@msn.com] Sent: Tuesday, September 30, 2003 6:14 PM To: Bill Nary (E-mail); Cherie McCandless (E-mail); Keith Bird (E-mail); Bob Corrie (E-mail); Will Berg Cc: Anna Powell (E-mail); Gary Dean Smith (E-mail); Bill Nichols (E-mail ) Subject: Re: ACHD / City of Meridian Agenda for 10-6-03 Looks good - however, would the Mayor prefer to wait on the four way stop issue when he can be present? ----- Original Message From: Will Berg <mailto:bergw@meridiancity.org> To: Bill Nary (E-mail) <mailto:wnary@cityofboise.org> ; Cherie McCandless (E-mail) <mailto:cgmccandless@msn.com> ; Keith Bird (E-mail) <mailto:birdronaldkeith@msn.com> ; Tammy de Weerd (E-mail) <mailto:tdeweerd@msn.com> ; Bob Corrie (E-mail) <mailto:corrieb@ci.meridian.id.us> Cc: Anna Powell (E-mail) <mailto:powella@meridiancity.org> ; Gary Dean Smith (E-mail)<mailto:smithg@ci.meridian.id.us> ; Bill Nichols (E-mail)<mailto:wfn@whitepeterson.com> Sent: Tuesday, September 3D, 2003 11:45 AM Subject: ACHD / City of Meridian Agenda for 10-6-03 1 .t"age 1 or 1 Will Berg From: Will Berg Sent: Tuesday, September 30, 2003 8:48 PM To: Tammy de Weerd; Bill Nary (E-mail); Cherie McCandless (E-mail); Keith Bird (E-mail); Bob Corrie (E- maiQ; Will Berg Cc: Anna Powell (E-mail); Gary Dean Smith (E-mail); 8i1f Nichols (E-maiQ Subject: RE: ACHD I City of Meridian Agenda for 10-6-03 That item was place toward the end of the agenda for that reason (to possibly delay the discussion until the next meeting). Thanks.... Will -----Orig inal Message----- From: Tammy de Weerd [mailto:tdeweerd@msn.com] Sent: Tuesday, September 30,20036:14 PM To: Bill Nary (E-mail)j Cherie McCandless (E-mail); Keith Bird (E-mail)j Bob Corrie (E-mail)j Will Berg Cc: Anna Powell (E-mail); Gary Dean Smith (E-mail); Bill Nichols (E-mail) Subject: Re: ACHD I City of Meridian Agenda for 10-6-03 Looks good - however, would the Mayor prefer to wait on the four way stop issue when he can be present? --- Original Message- From: Will Berg To: Bill Nary (E-mail) ; Cherie McCandless (E-mail) ; Keith Bird (E-mail) ; Tammy de Weerd (E-mail) ; Bob Corrie (E-mail) Cc: Anna Powell (E-mail) ; Gary Dean Smith (E-mail) ; Bill Nichols.JE-maill Sent: Tuesday, September 30, 2003 11 :45 AM Subject: ACHD I City of Meridian Agenda for 10-6-03 9/30/2003 J:'age 1 or 1 Will Berg From: Tammy de Weerd [tdeweerd@msn.com] Sent: Tuesday, September 30, 20036:14 PM To: Bill Nary (E-mail); Cherie McCandless (E-mail); Keith Bird (E-maiO; Bob Corrie (E-mail); Will Cc: Anna Powell (E-mail); Gary Dean Smith (E-mail); Bill Nichols (E-maiO Subject: Re: ACHD I City of Meridian Agenda for 10-6-03 Looks good - however, would the Mayor prefer to wait on the four way stop issue when he can be present? - Original Message - From: Will Berg To: Bill Nary (E-mail) ; Cherie McCandless (E-mail) ; Keith Bird (E-mail) ; Tammy de Weerd (E-mail) ; Bob Corrie (E-mail) Cc: Anna Powell (E-mail) ; Gary Dean Smith (E-mail) ; Bill Nichols (E-mail) Sent: Tuesday, September 30, 2003 11 :45 AM Subject: ACHD / City of Meridian Agenda for 10-6-03 9/30/2003 Will Ber~ From: Sent: To: Subject: Susan Slaughter [Sslaughter@achd.ada.id.us] Tuesday, September 30, 2003 11 :30 AM bergw@meridiancity.org Agenda ~ Attached is a re-ordered agenda, trying to put the more important topics first. If you think we need to make any changes, please let me know. Meridian City Joint Meeting Ag... I am going to alert my Commissioners that this meeting may need to go a little longer than our usual one hour, due to everything there is to discuss. Hopefully, your council members can allow a few extra minutes for this meeting as well. See you Monday. Susan 1 AGENDA JOINT MEETING - CITY OF MERIDIAN/ACHD COMMISSION OCTOBER 6, 2003 -12:00 P.M. ACHD AUDITORIUM, 318 E. 37TH STREET GARDEN CITY Landscaping/Approvals of Detention Pond Sites Elected Officials 11 Main/Meridian One-Way Couplet Elected Officials III Update on Ten Mile Interchange/ Elected Officials State Highway 16 Alignment IV Intersection Improvements in North Meridian Area Elected Officials V Request for Four Way Stop @ W. Chateau & Elected Officials Glennfield Way VII Other (time permitting) Will Berfil From: Sent: To: Subject: Susan Slaughter [Sslaughter@achd.ada.id.us] Tuesday, September 30, 2003 8:21 AM bergw@meridiancity.org Fwd: ACHD Commuteride Event - Oct 6 Invitevanexpansion. pdf This is the info on the press conference. >>> Catherine Sanchez 9/26/2003 3:57:41 PM >>> We are holding a press conference to unveil our 21 new commuter vans. The event will be held on Monday, October 6, 2003 at 11:15 a.m. at the Ada County Highway District, 318 E. 37th Street, Garden City. Senator Crapo, Congressman Simpson and Congressman Otter have all confirmed their attendance. I hope your schedule will allow your attendance at this event. I have attached a formal invitation to this e-mail. Should you have questions or require additional information I can be reached by e-mail atcsanchez@achd.ada.id.us or by phone at 387-6162. Catherine Sanchez Program Coordinator Ada County Highway District 1 ~ (..:~ VI ~ O;S I:S:) ;;'8 ~ ~~~~ ,~ti ~ ~ lj~ ,9'~ ~~ ~ ~ ~~~~ ~u~~ ~~~~ o U ~ t",) ,,...;. en h o ,~ o ,.....,~ N ~I ~ v:5 ~t; ~ \".;lV'lt:i t~~~U 1.S.::l. ~.... o IS 15:\" i!'- .01-) \f) I.f;.. - en ~ b~~t;(..: .. ~ ~~ ~ ~ ~~~ ~ S~ t U en ~ ~ ~ ~ ~~ o..\-'> OVlO ~~ 1:'S~..s: VI ~'~ t",) ~uV'l~ ~~ ~~ ~ ~I..!'::i~ r",I:S.~::' ......,....s: 00:;: . ~,~~0 t~ ~ ~ ~~~i::S oOVl~ ~~~~ .... ~ ~ t) I';'$) ~ V'lt~ Uo u ~ ~ ~ B~ t",),,...;. it 'S ~ \.f) ~~~ ~'5~ ~U~ ,~ ~ t'n ~~ %~ ~ o B-1 WiII Berg From: Sent: To: Subject: Susan Slaughter [Sslaughter@achd.adaJd.us] Friday, September 26, 2003 11 :38 AM bergw@meridiancity.org RE: Joint Meeting ~ ~ Meridian City Joint Meeting Ag... Will, See attached draft - potentially a long meeting! I would appreciate it if you would prioritize these items for me on behalf of the City just in case we run low of time - want to be sure we get to the most important ones. Susan >>> "Will Berg" <bergw@meridiancity.org> 9/26/2003 11:19:52 AM >>> Please add to the agenda: ~ Update of Ten Mile Interchange Discussion ~ Update of Highway 16 Alignment Discussion Thanks. Will -----Original Message----- From: Susan Slaughter [mailto:Sslaughter@achd.ada.id.us] Sent: Monday, September 22, 2003 10:34 AM To: bergw@meridiancity.org Subject: Joint Meeting Will, Bruce tells me he has heard the Mayor/Council mention three issues that we may want us to put on the agenda for October 6: 1) landscaping/approvals of detention pond sites 2) intersection improvements in the north Meridian area (suggested by Tammy deWeerd at 9-16-03 Council meeting) 3) issues associated with Main/Meridian one-way couplet Would you agree? Also, Terry reminded me that the City's request for a four-way stop at West Chateau and Glennfield Way is unresolved at this time. We had it on our Commission agenda July 16, but the Commission deferred a decision until after they had a chance to discuss it a joint meeting. Susan 1 ~~~ AGENDA JOINT MEETING - CITY OF MERIDIAN/ACHD COMMISSION OCTOBER 6, 2003 - 12:00 NOON ACHD AUDITORIUM, 318 E. 37TH STREET GARDEN CITY The Main/Meridian One-Way Couplet Elected Officials II Request for Four Way Stop @ W. Chateau & Elected Officials Glennfield Way III Landscaping/Approvals of Detention Pond Sites Elected Officials IV Intersection Improvements in the North Meridian Area Elected Officials V Update on Ten Mile Interchange Elected Officials VI Update on State Highway16 Alignment Elected Officials * VII Lane Rental Fee Study ACHD Consultant (Edney) VIII Other (time permitting) * Tentative WiII Berg From: Sent: To: Subject: Susan Slaughter [Sslaughter@achd.ada.id.us] Friday, September 26, 2003 11 :38 AM bergw@meridiancity.org RE: Joint Meeting ~ E.J Meridian City Joint Meeting Ag... Will, See attached draft - potentially a long meeting! I would appreciate it if you would prioritize these items for me on behalf of the City just in case we run low of time - want to be sure we get to the most important ones. Susan >>> "Will Berg" <bergw@meridiancity.org> 9/26/2003 11:19:52 AM >>> Please add to the agenda: - Update of Ten Mile Interchange Discussion - Update of Highway 16 Alignment Discussion Thanks. Will -----Original Message----- From: Susan Slaughter [mailto:Sslaughter@achd.ada.id.us] Sent: Monday, September 22, 2003 10:34 AM To: bergw@meridiancity.org Subject: Joint Meeting Will, Bruce tells me he has heard the Mayor/Council mention three issues that we may want us to put on the agenda for October 6: 1} landscaping/approvals of detention pond sites 2) intersection improvements in the north Meridian area (suggested by Tammy deWeerd at 9-16-03 Council meeting} 3) issues associated with Main/Meridian one-way couplet Would you agree? Also, Terry reminded me that the City's request for a four-way stop at West Chateau and Glennfield Way is unresolved at this time. We had it on our Commission agenda July 16, but the Commission deferred a decision until after they had a chance to discuss it a joint meeting. Susan 1 AGENDA JOINT MEETING - CITY OF MERIDIAN/ACHD COMMISSION OCTOBER 6, 2003 - 12:00 NOON ACHD AUDITORIUM, 318 E. 37TH STREET GARDEN CITY The Main/Meridian One-Way Couplet Elected Officials II Request for Four Way Stop @ W. Chateau & Elected Officials Glennfield Way III Landscaping/Approvals of Detention Pond Sites Elected Officials IV Intersection Improvements in the North Meridian Area Elected Officials V Update on Ten Mile Interchange Elected Officials VI Update on State Highway16 Alignment Elected Officials ." VII Lane Rental Fee Study ACHD Consultant (Edney) VIII Other (time permitting) * Tentative (" Will Berg From: Sent: To: Subject: Will Berg Friday, September 26,2003 11 :20 AM 'Susan Slaughter' RE: Joint Meeting Please add to the agenda: ~ Update of Ten Mlle Interchange Discussion ~ Update of Highway 16 Alignment Discussion Thanks. Will -----Original Message----- From: Susan Slaughter [mailto:Sslaughter@achd.ada.id.us] Sent: Monday, September 22, 2003 10:34 AM To: bergw@meridiancity.org Subject: Joint Meeting Will, Bruce tells me he has heard the Mayor/Council mention three issues that we may want us to put on the agenda for October 6: 1) landscaping/approvals of detention pond sites 2) intersection improvements in the north Meridian area (suggested by Tammy deWeerd at 9-16-03 Council meeting) 3) issues associated with Main/Meridian one-way couplet Would you agree? Also, Terry reminded me that the City's request for a four-way stop at West Chateau and Glennfield Way is unresolved at this time. We had it on our Commission agenda July 16, but the Commission deferred a decision until after they had a chance to discuss it a joint meeting. Susan 1 Will Berg From: Sent: To: Subject: Susan Slaughter [Sslaughter@achd.ada.id.us] Monday, September 22, 2003 10:34 AM bergw@meridiancity.org Joint Meeting Will, Bruce tells me he has heard the Mayor/Council mention three issues that we may want us to put on the agenda for October 6: 1) landscaping/approvals of detention pond sites 2) intersection improvements in the north Meridian area (suggested by Tammy deWeerd at 9-16-03 Council meeting) 3) issues associated with Main/Meridian one-way couplet Would you agree? Also, Terry reminded me that the City's request for a four-way stop at West Chateau and Glennfield Way is unresolved at this time. We had it on our Commission agenda July 16, but the Commission deferred a decision until after they had a chance to discuss it a joint meeting. Susan 1 Will Berg From: Sent: To: Subject: Susan Slaughter [Sslaughter@achd.adaJd.us] Monday. September 22,200310:34 AM bergw@meridiancity,org Joint Meeting Will, Bruce tells me he has heard the Mayor/Council mention three' issues that we may want us to put on the agenda for October 6: 1) landscaping/approvals of detention pond sites 2) intersection improvements in the north Meridian area (suggested by Tammy deWeerd at 9-16-03 Council meeting) 3) issues associated with Main/Meridian one-way couplet Would you agree? Also, Terry reminded me that the City's request for a four-way stop at West Chateau and Glennfield Way is unresolved at this time. We had it on our Commission agenda July 16, but the Commission deferred a decision until after they had a chance to discuss it a joint meeting. Susan 1 History Meridian Corridor Study - 1997 No Build Couplet - Fairview to Franklin Couplet - Fairview to Central Widen E1st (Main) Widen Meridian Unbalanced Couplet Volumes Main Meridian N of 1-84 Fairview Pine Franklin LOS Main St Fairview Pine Idaho Franklin Corporate Central Meridian Rd Cherry Pine Franklin Cost 1997 Study 2003 Study 1997 16,500 -18,800 6700 - 11,900 27,300 18,300 - 20,800 1,900 - 6,700 7,800 -15,600 2002 16,400 - 27,700 8,600 -14,900 43,200 21,000 "':'28,400 4,800 - 5,000 9,100 -17,500 No major Imp Couplet Fairview/Central 2015 2015 2025 C F C o C B D D D C B B C C B E D B o B C No major Imp Couplet Fairview/Central $1,235,380 $2,600,000 C C C D C o $1,835,456 $5,613,000 Couplet Fairview Franklin 2025 D E B F A C E E F Couplet Fairview Franklin $8,511,000 RECEIVED OCT - 6 2003 City of Meridian City Clerk Office Widen Meridian 2015 C E D B B c C D $3,499,124 WiII Berg From: Sent: To: Subject: Joe Rosenlund [Jrosenlu@achd.ada.id.usJ Monday, October 06,20033:08 PM bergw@meridiancity.org Couplet Study update summary sheet ~.;.... L2J History.doc Per your request. Joe Rosenlund, P.E., P.T.O.E. Assistant Traffic Manager Ada County Highway District jrosenlu@achd.ada.id.us ,,' 1 RECEIVED OCT - 6 2003 City of Meridian Oi ty Clerk Office Addendum: One-Way Couplet Analysis Meridian Corridor Study Meridian, Idaho Prepared for: Ada County Highway District 318 East 37th Street Garden City, ID 83714 Prepared by: Earth Tech 3071 E. Franklin Road, Suite 301 Meridian, 10 83642 (208) 855-2000 September 19, 2003 TABLE OF CONTENTS INTRODUCTION........................................................................................................................................ 1 TRAFFIC PROJECTION .................. ............... ......... .................................. ....... ........ ...... ...... ............. .... ..... I 2025 CAPACITY ANALYSIS .... ............ ........ ............. ............. ................. ......................... .......... ..... ..... .... 5 Scenario 1: One-Way Couplet Between Central Drive to Franklin Road............................................ 5 Scenario 2: One-way Couplet Between Fairview Avenue and Central Drive...................................... 7 COST ESTIMATE............................................ ..... ...................................................................................... 9 SUMMARY AND CONCLUSION ..................................... ..................................................... ......... .......... 9 ADDENDUM: One-Way Couplet Analysis Meridian Corridor Study Update, Meridian, Idaho INTRODUCTION The Meridian Corridor Study was completed in 1997 by Earth Tech for ACHD. The 1997 study was based on year 2015 traffic projections. This report will serve as an addendum to the study. The purpose of this addendum is to summarize the analysis of two one-way couplet scenarios under 2025 traffic conditions: Scenario 1: Meridian Road and Main Street from Central Drive to Franklin Road Scenario 2: Meridian Road and Main Street from Central Drive to Fairview Avenue The scope of the analysis included: . 2025 traffic projection for each one-way couplet scenario . Capacity analysis for each one-way couplet scenario . Cost estimate The results and recommendations from previous study are incorporated in this one-way couplet analysis. Please refer to the study for detailed background. TRAFFIC PROJECTION Current traffic at the intersections in the study area was obtained from ACHD. Figure 1 summarizes the current PM peak traffic at the intersections in the study area. The current traffic patterns were used in projecting the 2025 PM peak traffic at the intersections. 2025 traffic projections for the two one-way couplet scenarios were obtained from COMPASS, which is based on the regional transportation pLanning forecasting model. The 2025 average daily traffic (ADY) projection from the model for each scenario is included in the appendix. 2025 PM peak traffic was estimated as 8%-15% of the ADT. PM traffic movements at the intersection were estimated based on the existing PM peak traffic patterns. Figure 2 summarizes the 2025 PM peak traffic projection for Scenario 1. Figure 3 summarizes the 2025 PM peak traffic projection for Scenario 2. Overall, the 2025 PM peak traffic projection for both scenarios corresponds to an annual increase of approximately 3.0%. The capacity analysis is based on the 2025 PM peak traffic projection. 09//9/()3 L:IWORKI70J] 3 ~ Meridiaf! Couplet Updaleldocsladdend1l1tlJ.doc E'" R r 1< @ T Ii: C l.J ..i.r"",__,- Page - J (2003) t. 197 (2002) 1. 71 L[) 0 L[) i' L[) (0 <II- 858 00)0'1 <II- 831 ~C\l~ C\l r'- co ~.4 1'56 ~.'+ 1'242 FAIRVIEW AVE 128.J ...t,. 25.J ...t,. 541 -I> O"l'<tN 535...... N o~ NORTH t')()'Ir'- (Q <.0 0 85 'l- ~C\l 147 'l- N~t') (2003) t. 13 (2003) t. 28 N t') o co t') <II- 236 r'- (00 "'112 r'- t') ~ C\l '<t C\l ~.4 1'24 ~.'+ 1'82 PINE ST 45 .t ...t,. 27 .J ...t,. 88 -I> '<tOo 62 ...... C\lt[)t') ~C\lN (J)~lf) 86 'l- ~'<t 29 'l- ( 1997) 1.. 31 t') L[) to Ul ... 16 ~t[)~ ~.4 1'73 IDAHO ST 47 .J ~t,. 19 -I> t') co co NO~ 22 '" O"l (2002) t. 125 (2002) t. 54 (0 ()'I r-- ~ '<t~ "'574 o t') to ...314 ~ I")'<t r-- t[) '<t ~.'+ 1'16 ~.4 1'225 FRANKLIN RD 82.J ...t,. 75 .J- ~t,. 571 -I> t')o~ 208 ... '</- to t[) ~(ON Or'-O 345 '" '</-t') 72", N r'-t') (2002) t.172 i' N O'I'</- ... 36 C\l r-- co ~.4 1'135 CORPORA TE DR 0 4.J ~t,. 0:: 9-1> O'Ito~ (0 O"l I") z 28 '" ~ <{ ~ 0 0::: w ~ o~ /V~ -1( O,.y Figure 1 - Current PM Peak Traffic EARTHi)T E C H 000 't. 1 50 00 t. 130 000 .. 1 700 OIDI' .. 1 680 .., II) r<'l <()~~ .,I~,+- (" 350 <tt1~..... f" 300 F AIRVIEW AVE 250 .J ..t,. 50.t ..t,. NORTH 1150 ..... 000 1 060 ..... 000 000 L() <D If) 350 'l ""r<'lt'"J 350 ') '<t N ro 0 t. 70 't. 1 00 Olf') 00 N 00 .. 480 0<l10 .. 350 ..... ..... U1 ""1'10 .,I~,+- ("110 -+I~"'" .,. 200 PINE 5T 130 .J ..t,. 1 50 .J ..t,. 430..... 000 350..... 000 OJ <0 U1 U1 00 200 'l .- ID ..... 200 'l ..... .......... ..... 00 t. 50 L().O 0 ..50 ..... Q) 10 .,It'+- (" 120 IDAHO 5T 100.J ..t... 30 ..... 000 U1101f) 60 ') U1 ..... 0 t. 400 0<00 00 U1 '<t 0 .. 1350 ON t. 250 N ~N co ..... -+ll'+- .,. 950 otl '+- .. 1 250 FRANKLIN RD 230 j 150.J ~t,. 920 ..... 880..... 000 U1 0U1 450 'l lX'J I' '<t 't. 270 .. 270 CORPORA TE DR 0 90.J ~t,. a::: 250 ..... 000 OJ 0 If) Z ~(l)~ <C N 0 n::: w :::2 C ('..-v ?l 1f'-1 <() ~ Figure 2 ~ 2025 PM Peak Traffic Scenario 1: Central Dr. to Franklin Rd One..Way Couplet EAR THi)T E C H 000 t. 450 00 0<0 If') +- 1900 ~ r-- t. 130 t"J ill ~ "'~ .J!4- .(' 750 .,14- +-1980 F AIRVIEW AVE 250 .J 50.J ...t,., NORTH 800 ... 810 ... 000 <0<00 700 " O>M~ - 0 00 t. 120 GlIDO ..... 600 ~ ~If') .J!4- r310 ..... 530 PINE 5T 360... 220 .J ...t,.- 400 " 350 ... 000 o It) It) 1') t"J C'I (',/ t. 60 ..... 160 IDAHO 5T 150.J ...t,., 40 ..... 000 (() g OJ (',/ 0 000 o OJM ..... 1150 t. 600 "" - t'1 -+'l'+ r450 ..... 900 FRANKLIN RD 1150 ... 400 .J ~t,.- 450 " 830 ..... 000 LOOLO t-- (() oj- ~ t.. 270 ..... 270 CORPORA TE DR 0 90 .J ...t,.. n::: 250..... 000 0l0U1 Z ~(l)~ <( N 0 n::: w 2 C~1-'); 1>-1( ()1> Figure 3 - 2025 PM Peak Traffic Scenario 2~ Central Dr. to Fairview Ave. One-Way Couplet EARTH@)T E C H ADDENDUM' One-Way Couplet Analysis Meridian Corridor Study Update, Meridian, Idaho 2025 CAPACITY ANALYSIS Capacity analysis was performed using Synchro 5.0 and simulated using SimTraffic 5.0 for each scenario under 2025 PM peak traffic conditions. The intersections were assumed signalized and coordinated in a fully actuated signal system. The intersection signal timings were optimized for the 2025 PM peak traffic conditions in Synchro 5.0 and used in the simulation. The operation of the intersections was graphically observed in SimTraffic simulation for each scenario. The signal timings were adjusted and/or the geometric configuration at the intersections was modified to optimize the operation at each intersection and for the arterials. Detailed outputs from Synchro can be found in the appendix. Scenario 1: One-Way Couplet Between Central Drive to Franklin Road Under this scenario, the existing Main Street and Meridian Road are converted to three-lane one-way streets between Central Drive and Franklin Road with Meridian Road running southbound and Main Street running northbound. Meridian Road and Main Street north of Franklin Road will continue to be two-way streets. Based on the traffic projection for this one-way couplet scenario, Meridian Road north of Franklin Road should be reconstruct to five lanes with auxiliary lanes at the intersections to accommodate the PM peak traffic conditions. Meridian Road south of Franklin Road will not require major improvements. Main Street north of Franklin Road should also be reconfigured to five lanes by removing on-street parking on both sides and rebuilding sidewalks, curb, and gutter. Main Street south of Franklin Road will not require major improvements. Figure 4 summarizes the geometric configuration at the intersections in order for the Meridian Road and Main Street corridors to operate at reasonable Level of Service (LOS). Table 1 summarizes the LOS analysis. Under 2025 PM peak traffic conditions, Meridian Road corridor is projected to operate at LOS C. The intersections of Fairview Avenue, Pine Street, and Franklin Road are projected to operate at LOS E, E, and F, respectively. Main Street corridor is projected to operate at LOS C under 2025 PM peak traffic conditions. The critical intersections on Main Street corridor, Pine Street and Franklin Road, arc projected to operate at LOS E and F, respectively. Other signalized intersections on Main Street are projected to operate at LOS D or better. Table 1- Scen~rio 1: Intersection LOS Under 2025 PM Peak Traffic Conditions Intersection Meridian Road Corridor Meridian Rd & Fairview Ave Meridian Rd & Pine St Meridian Rd & Franklin Rd Main St Corridor Main St & Fairview Ave Main St & Pine St Main St & Idaho St Main 8t & Franklin Rd Main St & Corporate Dr Main St & Central Dr Average Intersection Delay (s/veh) 69 61 103 LOS C E E F D D E B F A C 45 60 11 87 8 30 E" It T fi@.,. E a H 09//9/03 ,,~..........-- L:\WORK\71J213 _Meridian Couplet Updoteldocs1addendum l.doc Page - 5 .1- A -- - ., ll44 .(' 1.4 f" f" (" FAIRVIEW AVE NORTH J ~+at1+ j ~~r j - - 'T" 'T" 'it~ A- 'il4 A- r r PINE ST j ~tt. j ~t~ T T 'it... ~ j +aft.- T IDAHO ST A- -- .(' r -.J-.J4 ~ -- FRANKLIN RO .JH4. j - - "l- .J ........ttr - - o n::: z <( o n::: w 2 ~ CORPORATE DR -!.. 4ttt1+ O<s 1-'~ -1( D--? Figure 4 ~ Scenario 1: Intersection Geometric Configuration EARTH@T E C H ( ADDENDUM: One-Way Couplet Analysis Meridian Corridor Study Update, Meridian, Idaho Scenario 2: One"way Couplet Between Fairview Avenue am;! Central Drive Under this scenario, the existing Main Street and Meridian Road are converted to three-lane one-way streets between Central Drive and Fairview Avenue with Meridian Road running southbound and Main Street running northbound. Meridian Road north of Franklin Road is rebuilt to three lanes with bike lane, sidewalks on both sides, and auxiliary lanes at the intersections. Meridian Road south of Franklin Road will not require major improvements. Main Street will not require major constructions. Figure 5 summarizes the geometric configuration at the intersections in order for Meridian Road and Main Street corridors to operate at reasonable Level of Service (LOS). Without these improvements, all intersections would operate at LOS F under 2025 PM peak traffic conditions, except for the Main Street and Corporate Drive intersection, which is projected to operate at LOS D. Table 2 summarizes the LOS analysis. Meridian Road corridor is projected to operate at LOS C with all intersections operating at LOS D or better. Main Street is also projected to operate at LOS C with the terminal intersection, Fairview Avenue, operating at LOS E. All other signalized intersections are projected to operate at LOS D or better under 2025 PM peak traffic conditions. Table 2 - Scenario 2: Intersection LOS Under 2025 PM Peak Traffic Conditions Intersection Meridian Road Corridor Meridian Rd & Fairview Ave Meridian Rd & Pine St Meridian Rd & Franklin Rd Main St Corridor Main St & Fairview Ave Main St & Pine St Main St & Idaho St Main St & Franklin Rd Main St & Corporate Dr Main St & Central Dr Average Intersection Delay (s/veh) 50 32 48 LOS C D C D C E D B D B C 57 41 11 46 19 30 '''' -'I f t1@ T Ii: e H 09/19/03 .....-......'-' L:\WORK.\702 1 3 -"-laid/em Couple' Update\dacsladdenduIlrJ.dac Page - 7 t. - - .t. ~! l '+.... f" ~.... - FAIRVIEW AVE f" - NORTH .J .J ~~t( - - - - ,. 'i!~ (- t. - PINE ST - 1- :!.. ... t tt ,.. t. - IDAHO ST -!... -i t ~ - - ."U~"" ~ t. .t. - FRANKLIN RD - - 1- .J ... 4 tt ,.. .J - - t. - CORPORA TE DR a a::: z <( o a::: w :E ~ 4ttt~ c~ 1-~ -<I( O-fl MERIDIAN RD Figure 5 - Scenario 2: Intersection Geometric Configuration EARTH@T E C H ADDENDUM' One-Way Couplet Analysis Meridian Corridor Study Update, Meridian, Idaho COST ESTIMATE The cost estimate for each one-way couplet scenario is based on the geometric configuration presented in Figures 4 and 5. The cost estimates included preliminary engineering, right-of way costs, construction costs, and all other items normally encountered in this type of construction. Contingency factors are included to account for unforeseen construction items. The cost estimates do not include the costs for ACHD planned or committed projects. Detailed costestimates can found in the appendix. Table 3 summarizes the cost estimate for each scenario using year 2003 dollars. The total cost for one-way couplet scenario between Central Drive and Franklin Road is approximately $8,511,000. Major costs in this scenario includes: · Rebuilding Meridian Road to five lanes · Reconfiguring Main Street to five lanes · Right-of- Way · Residential displacement The total cost for one-way couplet scenario between Central Drive and Fairview A venue is approximately $5,613,000. Major cost in this scenario includes rebuilding Meridian Road to three lane and right-oFway costs. Table 3 - Cost Estimate Scenario Scenario 1 Scenario 2 Right-of-Way! Res. Displacement $4,068,000 $1,823,000 Construction $3,023,000 $2,579,000 Con tingencies Design, etc. $1,420,000 $1,211,000 Total $8,511,000 $5,6i3,OOO The Meridian Corridor Study completed in 1997 was based on 2015 traffic projections. This update study uses year 2025 as the analysis year. This difference in analysis year leads to differences in traffic conditions, intersection geometric configuration, and cost for the one-way couplet scenario between Central Drive and Fairview Avenue. In the 1997 study, the total cost for the one-way couplet scenario between Central Drive and Fairview Avenue was estimated at $1,835,456, which included $579,477 of right-of-way costs and $1,255,979 of construction costs. Comparing the cost estimate presented in Table 3 to the 1997 cost estimate, the total cost for the same one-way couplet scenario is about three times higher. This difference in cost estimates is a result of differences in roadway and intersection geometric configuration, assumptions, and inflation. The cost estimate in this addendum is also more detail as compare to the previous study. SUMMARY AND CONCLUSION This report is an addendum to the Meridian Corridor Study, which was completed in 1997 by Earth Tech. The purpose of this addendum is to summarized the analysis of two one-way couplet scenarios under 2025 PM peak traffic conditions. The two one-way couplet scenarios are Scenario 1: Meridian Road and Main Street between Central Drive and Franklin Road and between and Scenario 2: Meridian Road and Main Street between Central Drive and Fairview Avenue. The scope of the analysis included traffic projection, capacity analysis, and cost estimate. E It FI I Ii @ 'f IE oil: ... a9//9/03 ,,~~_....... L: I WORKI702 J 3 _Meridiall Couplet UpdaleldocsladdelldllmJ. doc Page - 9 ADDENDUM' One-Way Couplet Analysis Meridian Corridor Study Update, Meridian, Idaho 2025 traffic projection for each one-way couplet scenario was obtained from CaMP ASS. PM peak traffic at the intersections was estimated as 8% to 15% of the average daily traffic based on the existing traffic patterns. The 2025 PM peak traffic projections for both scenarios correspond to an annual growth rate of approximately 3.0%. Capacity analysis for the corridors and intersections were analyzed for both one-way couplet scenarios under 2025 PM peak traffic conditions. Based on traffic simulations, the one-way couplet between Central Drive and Fairview Avenue is more efficient in term of traffic operation than the one-way couplet between Central Drive and Franklin Road. The corridor and intersections performances for each scenario under 2025 PM peak traffic conditions are as follows: One-way couplet between Central Drive and Franklin Road . Meridian road corridor is projected to operate at LOS C . Main Street corridor is projected to operate at LOS D . Main Street & Franklin Road intersection is projected to operate at LOS F . Meridian Road & Franklin road intersection is projected to operate at LOS F . All other intersections are projected to operate at LOS E or better. One-way couplet between Central Drive and Pairview Avenue . Meridian road corridor is projected to operate at LOS C . Main Street corridor is projected to operate at LOS C . Main Street & Fairview Avenue intersection is projected to operate at LOS E . All other intersections are projected to operate at LOS D or better. The cost estimate for each one-way couplet scenario was based on the roadway and intersection improvements needed for the corridors and intersections to operate as summarized above. The total cost for Scenario 1 is estimated at $8,511,000, which included major costs of rebuilding Meridian Road to five lanes, reconfiguring Main Street to five lanes, right-of-way, and residential displacement. The total cost for Scenario 2 is estimate at $5,613,000, which included major costs of rebuilding Meridian Road to three lanes and right-of-way. The one-way couplet belVleen Central Drive and Fairview Avenue is projected to cost less than the one- way couplet between Central Drive and Franklin Road. At the same time, it is projected to provide more efficient traffic operation on the Meridian Road and Main Street corridors in the Meridian downtown area under 2025 PM traffic conditions. ~... PI I t1@ l' II: C H 09/19/03 ...-,.......,.. L: IWORK\702 J 3 _Meridialt COllplel Updaleldocsladdendrmr l.doc Page - 10 ( ADDENDUM: One-Way Couplet Analysis Meridian Corridor Study Update, Meridian, Idaho APPENDIX 09/19/03 L: IWORKl70213 _Meridiem COl/plel Updare\docsladde/ldl/IJIJ. doc :e.,l, 11 l' H@ T ( C ~r.....~!.orhI~ -' '" '" g ;,; JL- ;;; '" (F ""'" = 8 8 -=" ~ ill ? ~ 8 ~ ~ '" i ~ ffi 0 g f.l ~ ~ ~ ~ ~ 8 ..1 i * <<<= ...." """', =<> =+- =<- '-'" ..-. """'" =- 00"" ="" ="" '"0 '" '" ~ ~ a: '" c ~ ~ ~ ~ ~, lil .- ~ C ro """'" ~ <>>- u.. s '" ..,.co ~ ~ CO" "",g .s ~ -= ~ ~ ~ C> '" ~ ~ ~ ; 3: ff '" = ~ == == ~ ~ ra Q) '" '" 0;> ~ ~~ '- C ~ g a=- =' ='fE <>><" ='" '!! """- 00<- ="" """" ..........""""'" 0 ,-p:o- ~ =- ~ - ~ La C\l ~ ~ 0 C\l '" '" 8 ~ ~ ~ ;;; ""'" =" '" <> 8 & ""'" <;PO ::2 8 8 ill ;t '" a ~ $' S' 8 \3 ~ ~ S\ $ 8 8 8 $ ~= '" """'" =- =-'" <P"'" oed' 8 w= $ <: ='" ="" =""" ~ """" Ii fl "" 8 8 'i:! ili ( SimTraffic Performance Report Baseline Main Sf Arterial Performance 9/15/2003 Tota e ay r) D.el~Y,l,Yeh;ls)<,; ; Stop Defay (hr) ..... 9t"q~JlVeh(~ ) TotalSt6ps . 9~8Rt;y:~m'J;.u; ..' '.' '. . AvgSpeed (niph) \/(3hitl$~Ehtet~d> . Veflldes'ExfteCl ,~8HrIY'E:~!t'g~!~r,'i' ........... . Meridian Rd Arterial Performance .:9pi?< .. . 13906" .....224.15.:<< ". 2.2.0'55 . ~t~~t~id'i'r~~'fW:' \l.ehlcl.es. Ehter~d'f", VeHicles' Exited> T. ... ;,~':,> '-.. :.-.:" Total Network Performance EARTHTL\l.L7-FF51 Scenario 1: One-Way Couplet Between Central Dr & Franklin Rd 2025 PM Peak Traffic Conditions Timings 37: Fairview Ave & Meridian Rd Intersection Performance 9/15/2003 ..J- -...... f +- , t \. + -41' Lane Configurations Y6tulTI~~vph) . Turn Type 8r<;ite.qt~dPhases .. Permjtfed phases .. q~te.qtClr,8IiZl~E!$ '. fv1inlmiimlnitlc:ll (5) M!!linlgl11'8pfit@, .. fofar~:1pHf(s)" . . 1'.. eta.'. E.S. .....l.it./.o/c.d) ;'. ...,.......P.. ~" .,. .'. YelJowTime ts) AJJ;t8.e.,jj'-riif:i~. ~ s1' '. Lead/Lag ..' .. , , ~~~~(f~~.~tHl11jZ~?; .... /=i.e.! I;ffctGre.eri\(s}' AcfUafedg/C Rali6.... ~~1~~t~6@~;i~~,';'d:~':""" ;t r' qQO,,~qQ ..' .... Perm !:\pptb.i3cq:E?$fi;3y............ '. Apprci'a'Ch'C6s" . .:7.. 4. .3:.:8,.,5 4.b 4.04.0 .....4:6 4.0 L~.R20.Q8.0.20;O"8.0. . 13.0' 65.0 18.0 '7'6:6' 11'.0 10%:'<5Q%'11%' 54%3Srd', . 3.5 3.5 3.53:'5' 3.5 ':9.5/>0.5 ,.0;5.... .O;~:,<9..5 Lead Lead" . Lag Lag . Lag .'(e~ YesYes,Yes<;'Wes Nohe":Mih NOhS' 'Min"'NoH~ .... ').~i9:{)r.oi14iO' '66.'0;.'7<0 0.07 "'b:47o.n'6:tf1"O:65 ..' >,1;15,::,"1;04.> .,1':03 "1}.1.6"..i~1;1f "'60.5 "33.6 '58.0318 .. 61:5 1326' :!$t3......';....,B3...:......2........931 .1297' '. ....;1=.. E" '. b . )....~!;"."..i~i:: 6 ..2.. ,.,.1:. '..'.6 ..' ..6';' 4:0 .. 4'.6 4.0 4.b 20:0 .>8;0;;.20.0,23"'69...00.' 3o.C{ .' 1td "36.d . 23%13%'??~.>:?~%l;; .'. '.' . ""3.5> 3.5 '3.5" '3.5 ;"Q,5.'.;glq<mS. i'YO,5'" ..... . Le~d .... . Lag' Le~ciLeaci' q~g~~;; '~g~~"e:~~~~?68~fj'''''''> ..' .i,'i.; ....... .'gf?,;9;:J1~:{}.': : 32m ,3200 '. i .0:20 d.10 '0.25 'a~25 .';.'p:?,g'; ;.pJ!:!S," .:W??C;..Q.i7W:..... 3ELtr 58.1 "43:7' 26.5 c.r14::m..;;....m8;.!'... ...'/t~'D1......:?f~C:~. i:.' ;.. '." :"~Ef;' <c" F'" -- - yc e Length: 130 e.(;t.yc:ltc;!q'o:ycl~~E!1J9m;1:~O.............. .....;...;............. ;.... ..... . ......;.........:..;...;; ;i:...........,.;;:....,. '" . bffsefS9' (53%);'Referenced topnase'6:SBT, Starfof Green' N~tQti;3JiQyC.J.~:},1...:30;.;.:...;.. .:....;,'...:,....i..:.... ........ Confrol..Type:.Acfuated~Coordinated .. ~r~~;~W~~~~i~~~~b~1~~:..:~~:..~.;...., .. " ',' ""-' ,'.:,<.'/"':_0'_,_,:,", ,,'c_ .- '~' '! '" > " " '- -: ,.'::. - -:. . EARTHTLVL7-FF51 Scenario 1: One-Way Couplet Between Franklin Rd & Central Dr 2025 PM Peak Traffic Conditions Timings 35: Pine 81. & Meridian Rd Intersection Performance 9/15/2003 ~ --+ 1" ......-- '\ i \.. ! Lane on Igurations \.(c)19m~Nph)'.."'"" .. Turn TYpe p'rqt$c:tedF?h$~~S'...'...'.' .... .'. Permitted Phases' .. P~.@::tQFelia.$$s}>.7/. >>4 .' ...3'8.5:21 Mil1lmUmlr'liHal(s) . . 4:0 . 4~0 . 4.0 4.0 . 4.0' 4.0 4~0 ~8t~rM~it1~.jit:(~H"\.~~.~g" "~~~~':.'1~:g':~~:g: "'1~:~"'" "~~:g ";~~g: mQt~I)SplitjGYli);j;..; >1?%l'; "..?~.%l · .9%?qf~. .14%4?o;o ':'.19%l... Vi:i'JIovYtims'(s)' . 3.5 '3.5 3.5 3:5 3'.53.5~.5' ~~~~7f~~!fQ~;'J~)'!" ....>.>......'tO~~;': :LeO~~:' ..LO~~..L~j>...LeO~~ ...LeO~~)LO~& .~~~~rr~~~:~It,J)i.*~m).)~g~~i :.{~{h:~~~~:.. "~1~" 'Ng~~:,:1'h 'NN:~~" ~~fb~1~J~j~~~~~8.F.:;i>d!6:~~!:'b~~~.,g~d~"" 'B'~~~'6~Y :8~~" . O~O~ v/cRatlo ... ,....., '. ,.m94j3:' .:1:s1m. .110. ;1;Oq'1.99,9~q?: UHi'for~8~I~Y ,'d1" ....:5fr~.4djf "61.0' 42.9 58.0" '29.9 6. 4:0 20;0......... .. 56:'0" . '38%:;.. ............ 3.'5 '. ..M~$:......:.......... Goorer ...46:9.'.......... '0.35 ~B~~g~b~,:F8~~N,":>"" '.' yc e Lengt : 130 A91~~1$(ji~yc:I$:~~~gtli:n;3p...:::....<..'\..:..;......:i.":,,',";.";. ;... ..............:..... ......... .....:... bffseC128' (98%), Relfe'rel1ced to phase 6:'SBT,StartofGreen .NCltYt$U'8yqlg@lPP,;;,...:;;.>.,.,,,..,..;,....... . .' '.' "'c'. coriWOrfype:Ach.iafed~coorainated ~rt~~~W~'~~i~~~{~!r~~?g~..~;f:":"Y" "'" ,",' " .......>rrit~.,ts~gti6ritdg:E<..::. Splits and Phases: i ~2 -I- ~6 EARTHTLVL7-FF51 Scenario 1: One-Way Couplet Between Franklin Rd & Central Dr 2025 PM Peak Traffic Conditions Timings 22: Franklin Rd & Meridian Rd Intersection Performance 9/15/2003 ..J- -110- ... f" oil- \. + ~ Lane on rgurations ~J~~~~~~8g) ....... I?t8tl:l.~~~d;pha~~~ . Permitted Phases q~t~~!grP.hi3*~S> ']4.3/ 8 ". . 1 ....6 Minimum fnitiaJ (s) 4.0 4.0' 4.0 "4.0' 4.0 4.0 Miliir'@tfl'$plit:($).t '~:.g[ gp.O"';8.P"20W.: 20;0' 20:0' 'h::italt:rplif(s) ...... '17.0' 46.0 0.0 33.0 "62:0' 5f.051.0' l' 'lit..(%y';' ..13,~.;\:~?~.?:. . Q%'. . 25%"/;4~~";.;3?~' . 39% . ~..' ow'i~~;'(~f!':3.53.5 ......~:.5.. '3:5" 3:5:3.'5':; ~~~~7~~~fp]~:.(~)'1' ..... ."L~~~,"2~~~' .... ..... "<:2~~':::::"r~a1t<;:;q:5":: ::;0.5; PR....~e.iflc.;.9a'.ll:'J2I;M~gO.... :;...d.e.'.:e.....R. ;Vm.it~?/.y. '. ::...N..yo..<ne.......es....\;;..Y.M....~i..n::>..:....<.. . ...Nyo..:...ne....e~":;".:....7fM.13I..'ns...:' ..... .. ... . .~&~'~d6()rCf Coord ~tmEffc:t:(3t~13:rt;(s.) i.. .' .. ..1 Rip' .' 4?,0':13q!q"29W'R.~!0' ..'.47!Jf4'i"{1,A7t1' Acfi.tEltedg/CRaH6 0.10 <t32'iOO '0:22 .' 0.45 . . 0.36' '0.3'60.36 ~Ri~?~~6~i~/d1'" " "~~::~.i;R~9,*' Od~5)'g8~~">1~~'~ ">"~d~~"'Z1~~": o~:~ P~~Z@h\d/;;"'" ...:...:....:1f}?;~;.;,...,??;gi/..O~,16.$J~:.;..1.p~)~r. ~Q;~..c13~;W./. 4~....... ~~g~g~2~j~~8~~.... . ......'.60.~,.. . . ,\1?:~"~.;r.>.:/.npp;~.:, .............. 6 6 4.0 20:0, . 51.0 .39%,'. 3.5 ycle Leng : t\~Itiat$~q i@.Y9!$..Il$Q9tli:1.3.o.::1-.C'....i"... ...../.i.. ...........i.i. .'..i..... i..:.........?:!...... .'. Offse("SO'(l32%),'Rsifel"encedtophase 6:SBT~ Sti3rt'ofGres'n' .. M<:l1'<ih'll.lr:rt'X/C.JR-9ti~:,1:4:1.' .... ........,.} .... . InterseCtion Signal below 102.9 l~t~~~~~.tiq.~I~~~e~!W:j~!jljZ,?,yq9,.1.fft;'~.CY~i""'.' . '. .....i!I~.t;J.![@{el.b'f$$t:Yiqe..I#;i.. c, ,,~, ',Y" ';.- .":: '.'.~", '.~.,. ',.' i; Splits and Phases: 22: Franklin Rd & Meridian Rd \. ", EARTHTL VL 7 -FF51 Scenario 1: One-Way Couplet Between Franklin Rd & Central Dr 2025 PM Peak Traffic Conditions Timings 42: Fairview Ave & Main St Intersection Performance 9/1S/2003 ...J. -+- -f oil- "'\ f \. i Lane onfigurations Y8!@j~/(YRH): >. ..> > > . Turn"Type Rt9te,g"t~tJJ~ha~e,s.' . Perhllfted Phases " ~f~r~~~TMn~r(~)e;"4.8,:<r'4.cij"4l'4'.~ ":4:8':"2.8 '4.~.jd.'~ >'>,>'.. >. MihiIiiTimSpJiqs}:.: """"",'Ej:Q,:,"gQ..p ,..8,9>..29:9' :,,:g9s@U :?9;q ,:;< 8.;0\\ 2QfO>,.:>:';.>'" >. TotaTS'plif(s)'KO . e9.0 17:0 '18.0 "22.0 . 26.0"'1!f6:2i6 ' mq~~!H:H~Ii~!(rdJ.S.::." >,...;,'.": " 'J3/).*S"~!:.:"9.;33t.>~s?13% \';9031.*so'. )t31/.'Ycso.:: 20% .>....;.>.;1':!~G: ,17i% ..>......>.., ":'>> >..'. ,.>>>. ....>. >.>> YellowTlme(s) . ,.' '3:5^:'3.S 3:S '3:5 AL.,'e!J:-a';~a::.e/""Ll!a}:rg',i!me,.'f~~i[;{:V."..>:,.....L.e.'9aEa9.!iJ{:...:1L:Pa/g9 iC>"L"ePa;!aRU";'L'Oa'/g8':;( >.,:[9a;g9; >'L{.e:9a'>:d8;.,;.QJ15:;:r.mS..; >', . '.' . > ""'> > > . .. . 'tag.iLe'ad""" >.>., ~:~~~~~W:ti~iZe? "':~g~~,.; ':;~i~?(N~he>'>""Mi~"";".Ng~~:~22b'~{~~~~'/~b~~.;';., ..>>. A~CC}t:u;~aJt'~'egdfPg,..>.>../>rc~.e.">'>.RQ>a:'(tPj'o,~I'" r""0,:4."01t03;A:1~;!!.eo<5.:s)'00.;':'01:3.."1"00' ,'..' 74'.q::,i1l~~,2?;Q >'.:I,fF.9-",;,,1Z:,g:;"'. .'> >. >.. . . ... .. ... 0':57'0:14 " {).1i '>'0.rf0.-14 ~~r~~~~8f~I~?,d;~r:";",,,";:~~~~;Ii1r')~~~~!':l .'~.~~.~ ':"'~7~~';Y!':g~~8';"';Y'~~~'~;: ;"~f'~';'''''~~~~~?: .......,....'.,... .....'. . ':-; ~ '; - - -/':;;">:/-.>:\. :;<Y--'-,::;>' :.:". y" . ': Co. ;"_;:-:~'. " ;.>_ Cyc e Length: 1 ~W~!t~~~~~~~'~~~~~J~~~1~~~~I~~!"8;~'~~~"~':~~f,~t~A;8},@~~~~ Na~ura['E1ydle>rt30 ~,. . ' , . "- ?'? ".__,. .-'0., ,ic,':.!.< ','_", :<:''''__':'-,-.:<..':;,'._'.::;":< Control Type': Actuated-Coo'rainated ~r~f!~W~~(~;r~~'~'P8~~if:;~5.;~' '....... ....,.' ....,....,.....,.,. 'fnterieCti6htos:'O'" ~~'B'~6~d~'~d~~;~" ,." "--,'"..,,, " ." . ~- . :, ,.-' - -, ,:):n,.,:,:-,":':.-_',C:c, i"._ "n ,..,n,_', ~: _",_,. ',-', -,-.. '-'",n':. '.p,,-:,-.-,-:'-, ~.'.'. "'~<:-:>..',::~-> :-,. - -.....-- '.: < <___'_... ,.._n,,, : ". <-:..:::-:.~->':',":- .<:,:.. -'~ .: ': : .', '," :~:.::'- .. ': Splits and Phases: f lil2 EARTHTL VL 7 -FFS1 Scenario 1: One-Way Couplet Between Franklin Rd & Central Dr 2025 PM Peak Traffic Conditions Timings 39: Pine St & Main St Intersection Performance 9/15/2003 ...J. --+- .f ~ "" t \.. + Lane Con urations \;f919m~ (Vp~).<."..;.' .... Turn Type . pr()tec;~ed Ph~ses< . Permitted Phases D~tE!qtqrPb~s~s:.' .7 ...........4 ...~. .\~\ .......... .'52 .1 '.,6, Minimum Initial (s)4.0 4.0 4.0 4.0 . 4.0 '4.6' 4.0 4:0 TMo.iDt' ..a.iml"SYp.r:nJ.j.tS(Ps.........)lit( Sf.' '1.89' ..........09' :24..07.....00\2'80....:00.;; E4g.o8..~OO.'di.'.22.00':.'.'09' 20.0 . ... 8 0.20..0.. ........5~f6..i.g!b '4':3:'6'" T9t?I.Split.(.~J....!(.... J!?~'!'96,%.:\lq%> ..........37%'.1.B.~.42%\ ...7.% . .330/1.......... Yellow Time(s) .' 3.53.53.S3.53:5';3:5/3:s..:t~" AL"'eJr:-a..Rd...e/;"'L'.f1a'Tgim~@;.. .'. .'. "'L'e.9a;:dB:~'j'-:'LPa"g?\"L"e.PajdB:; "'L:Pa}5g' '<L'ePa.;dP.... :0:5 ;.,.O:S..'..,..0;5............. lag · 'Lead "Lag' ..... ~~~~fpM]'df~!m!~E!?; ........Ngg'!::;;'/11~...;:Ng~~'...i~1~.';~g~!661fd..~g~~"';%i~"'" ~gfG~1~~~i2~~~~g';.........: ...,..... .'d~~~...!:S@~~~.j,id~;~:.@~~.:. F?b'~ig'}, .;..8;~~~'T:/:8~'~:...;.@~J,~,:<".. j~j~~~()8~1~y',;df"""""" ;...:.~~~i;;:41~~;'J\~.j~~.."''i.~7~~:.ii':~~~~ · "':~~~~:r'i'~~~~:;'l~~~l ..;......... '.;. '., Appt.q?ph'O'~lay;.:.....'..,.. .'. Approach Lbs . yc e engt: 130 Ab,tl.l.ClJ~Cj;.G;y;c.I!=!.:~~ngm.:.',1.~q,).i~:(,!:.,\...............;...,i.'...,ii,i.:...'.....,...iN....:.:.,(;..r.:..'....i.... bffseEd(O%),'R.e(ei"eriCed to phase 2:NElT, Slaii6'fGreen' ",:'"f,'_.:",' c:'."': :"...,'~ ~~X~~2~~~~i~A~tg~I~~F~'6.~{;:;1.'i"'" ..... .,;............ ~m~~~~~tiRnp:~p.~8!t~!;~tili~*~ig~M.g..1g;.~J, .. '.;.i:" 39: Pine St & Main St ".>";,"'-.: ,'. ,... :.:>-/;,:' ;:->:'":.,., , iVr'~;t~["~~:ctic;Ni[6g:f'2g ........', ...... ..... :";!~~r8~V~1:qf#p~ryt9:~:f;j:.,...... ...... :--:.,,-,-,:..',.-.'-',,':':'..: ; " ,-:":,:.:. >.:,. ',"'.;. . EARTHTLVL7-FF51 Scenario 1: One-Way Couplet Between Franklin Rd & Central Dr 2025 PM Peak Traffic Conditions Timings 38: Idaho St & Main St Intersection Performance 9/15/2003 ...J --fo- .f ~ "" t \.. ~ Lane on ura ions ~~~~~B~8Ni"'>"""" " ~~~*~~~'~~~f~~' . 8 ....~ ,2 .~~t,~9~p~RIi~~E;l~;<):>,'4.)..4.. .8"'8".'5...>'2>1. 6"" . MiiiimUmiriiHar(s) '4.0 4.0 4.0 4.0 4.0 4.04.0 4:0 ~iQiJ;t1~m';.f?RlJt;(~)H, ...,20:0. .20,0," ~9~9 ....29;9 J,~~q,;20;O >8:0...2.0.0> T6tafSplif(s)i2':6'32.032.0 32.'0 23.0 75.023.0 75.0 illgt,5!.1j)~e!it,;(f~1>(::"'(i' ....' .... ...... .25%;;2!?%', ,25,%. ..25%)....18.~;..5,~i%. >18.%' .8~>~'; YellowTime(s)' '3.5" . 3.5 . '.. 3.5 3.5" 3.63.'5" "'3.5 . 3:5 'f\L>'e'!!'~a;f;1d,..1~/"L,ga"~g,.,iIT1~;(~)g' ;.. .. GU)>.'. "'0;5,' .....0.5'..0.5 ;.,0;5'"..0;5 ......:0:5> ';.Pi5;. ..... Lag Lead 'Lag Lead '.' ;~~~~p~~~f.~lJtn~~0; . "Mj~';>'rWn"\' UMik'~jA"~~~: ;gbb1E';~~~j",'b~ih'" .... ~~fh~V~U'~;~~~'~3~":';' . '.>@~i'~;;~:;~6~1~i:"6~.'~"""'" ....6~ig;i'.;g~~'!i',8~gi ':j~.~~1'; Ya:~gf;:.. .......... ~~i~~~8B~\'~V,"a~:'>" ...'~1~~;;;"~g~g>.~~~'~j~~Hl..,~~~~.;;..~~~~,.... . ~i~,i;O~~~">::" ..... ......... ". ....,';;,'!... E8~X~;};.i\!;,:;t::n ........\;;.:..i<9~~;1'(iJ;:~~....... "5l:~\ ...,,:32fi.:4.7';g.,:: :<;.:,,5,.~,.'Lf2'5':{:}13i~; ~f:,rp:r9?9:~~~~~!?Y~li; .;{:- f:.:<";-:' -:,'-, ';. '.' Approach LOS" ..' ._"'<'---;,<.'._':-_:'-.__'.:'_c ....J,:~,~:.;_ '<'."'-.".,'<::''' i,,' .. , ~ .'.", ..,. - ? .-- <., . yc e eng : Ac,tl.lfl.J~,Sijy}f8!~A~~J)9,~f:l:<1..8q;:~';tt","..i .................... 'i;".":.;,, .....},.;;t'( dffsefl2'9''(99%Y;Refe'r'e'nced''t()' phase '2:Na'r,start6n~reeri ~~~~'~~I.!"~s~~f~~iJit~d~8~bf~(~"~t~g.""""""'"' m!~f!~~g'h~~I~;~'~~B~}i~~':1b'.~?""i.,....... m~:~!~.~~!18RX<E~R,~~i~f,tfHJI.i3~!i~n~39)2,o"R(;. ...................... .'. . 38: Idaho St & Main St EARTHTLVl7-FF51 Scenario 1: One-Way Couplet Between Franklin Rd & Central Dr 2025 PM Peak Traffic Conditions Timings 24: Franklin Rd & Main St Intersection Performance 9/15/2003 '" /'" .; ...J. t ~ "" --+- \.. Lane Con Igurations ypIUnii:!(vph), i.. . TUrn'fype .. .'. . '. R f(jte,c~tl3.c1". PI;1ClS(3S.', Perrnitled Pnases . 8 Detet:tpFPhasesi, ,7-" ..4> ."8 <8 ".<,!i<2. 'MinimUmlnitia((~r4:b 4.6 '4.04.0 4.04.b MipiI)j4I11igpUt(s}.i . ..~:Pi ,gq.Q.:"gg.q. ?.q.Oi'f9.P' 'fO;O To'fafSplif(sf . . 14.0 59.0 45.0' 45.0' 35.0 58.0 9~~~~~rl~<t(~:)'",. ...,,\..1.~~)4~~f3~;~\,:~~~ "'.f~~,. .,',:4~~~ All Red':f1me (s) . . ". ' .' 0.5'0.5',0;5.,'0;5 0;505 te;~d;d~:J,"i::Lead .... . . .'. L~g Lag .... '.' Lag Lead '~~~ilFAA~f~tim,if;~,?, >;:~g~~';':rWg'i.}~~"'~y~'ru~~! i'e8~~~ ~8f~~V~g~re~~~jgl>""":""""~~d'~i:"g~~':'\B.~~."i. B]~'\: 'g~~' 'i '5~g ~~i~'~~6~'~/d'1""':""." 'J&g':r/:':g~~,g,~""1W~:'..'i.~~:~hi~~~f"~:k2:8' ~8J~t'wxni' ,.,... '.,....... .', ..... 1;4,4!r"11-g', .1,~~'~'-,i15;~?~~1~.4~T:~.. A" h D I 'WO.!:! AB~~d~6h'C6~Y;" . F r' 150.120....... ......... 8pO Perm custom custom 1 2 1 2 . 1. 4.0 4.0 }O-9i ..$.0 58.013.0 , .' 48%'. .10%' '.. 3.5' 3.5 ......,05.0,5 Lead' Lag .Y'e.s ,.YElEl Coord None .:54,0 .~.;Q . "(5:42' .' 0:07 0:76 ..1:06. 28.7 . 66.5 . 15:41~0:5' B F 6 6 4.0 20~O 36.0 28% 3.5 0.5 Lead ..Xes.. None ..32:P . 0.25 too 35.0 .46.7 o yce eng : 130 A:qtqClmCj'By'SI,~..~~!1~t9:>1'~9'.'."'J::";,::",'i:';", :",:",.: .....:.."l:,.'.../ .... '.'",". ..:,. ' OHs'ef 77 (59%), Referenced to phase 2:NBT, Start of Green NFtY~~J@~s!~:;"1?m,:;;.._...;";.".' ."...'.., .. . ......,-..;.. Ci5ntrol 'Type:"" Actuab=d~C6ordinated >., MaxlmllrrfV/c.RCltio:;.1.g9,......<L\.....',....... . . fntersecfiOriSignalD'eilay:' SE),9" . ~ Qt~t~~$ti~n.~AB~~it}'.~Ji)!~~np~;:;1~W9.%>......,.,.........'. <..< "'lilt~'fs~~H8r1l.6s:F . ..,...I.~~/:~i:!":~,I..P~:,$~rvib,~H(....... . EARTHTLVL7-FF51 Scenario 1: One-Way Couplet Between Franklin Rd & Central Dr 2025 PM Peak Traffic Conditions Timings 10: Corporate Dr & Main St Intersection Performance 9/15/2003 ...J. --+- ~ '\.. t /"" Lane on Igurations &;cn~m~,(v.ph); . ,., TufiiType' . I?f()!~B~l:!,c1igQ~~~S:,......'... ..... . Permitted' Phases< .o.!:lt~c:tgn;I?t;l~.~e$;<, ........ '. Mirlimumlriitial(s) ..' MlQittJQI'j1;~RHt'($)!i(;;? Pig;" Total Split (s)'" ...... . '38.0 . ~~f~~~JlAA'fs'))""""<"'"" ........?~.~H mll~RgCl...~imE!.:'($y;'......;,.. ...........;.....0;5..; Lead/Lag ~~~~F~~Wf~i!i1i~~?i1; !.\;..~ig";;/.Mil1..;... ...... Min ~~fd~E~~J2~~~~g'; ...... . ...;8~4~:;;.;:3~~3\ ';@~B'1~~Jg. :';'8~1'~.:;.i~~7~WH,;' . ". '<<).,>, . ..... .' ij~i~r~08;~f~~!;:d~';."J:...,%~~glh.t~~~f~[~';';H8~8"":P~~,{:\q~'8 "'. 'i., ....... .... .,. 20:0' ........2.0;Q; 38.0 "38.'0' 29%':. 2~.oYc....o..., "3:5 3.5' ';0.5i" .....0;'5..... .?q~q..,,2'OW,... 0.092.0 n 92:0 -"':.,:',,'.,--,,".,-,- . ~~~'~~~~~';~8~X;"";';'.';';' ycle Length: ~W~~t~~f~q~~",:Y~~~~i,~~~'f:Wg;:i@~~~~'i:N'B+L""'~f~~;~fdr~~'~ : ":":':":'"",'nO'.::,,''-':'-'' ,.. . "0:':'.:,'"":-.','. ',: '<';_:;,::.'~<.:_ .. "<'0":"-_".."'-':.-""-",.; . <C.-r",.:,:'C. ~r~~~TIg~~i~~~~8~!I~V~'\~':~:';'.""""'" no "_".',_.. 1 0: Corporate Dr & Main St EARTHTLVL7-FF51 Scenario 1: One-Way Couplet Between Franklin Rd & Central Dr 2025 PM Peak Traffic Conditions Timings 5: Central Dr & Main St Intersection Performance 9/15/2003 J- --+- .f '- t Lane on Igura Ions Y819r;f1~'("ph)';' .. Turn Type ,P[9t~ctedRhi;ls~~...'..""" ..... Perm'iltedPhases .[;),Meqt9Hl?h?~~s.:r,,'; '.. .7 .....4'. Mlnim'umlnifi'a:I(s) '. . "'~~H< . 4.0 MitiJrt1Pril.:s.PJit({:>),';('j ." "8'0',;;2910 'r6ta:ISplif(s)" '49~d"20.0 ~~f~~~{M~{sji:;/:';C"", ...c.....c..... .....~~~:.,;:1~~... AII-'RedTirbe(s)" .' 'teadJLag';"';' ~~b~if~~dftirni~~0.\......, .... N8h.~r~fh' ~bf~~1~Y~j8~~~\Tg;jj/;' ....,.3~+;F,"{;8~'6::.: jRt~.~bb~l~y,;~'~h:'. .; ~~~~?!:t;';~~60~:'" ..,~:n 29.0 '.2?%u 3.5.... 20:0". o.o'~H':b'> O~':,.~?~."". . . 3.5' .,:.',--' ,-c:C'-. :."<...:...;n y,...............u 'Nc3'K~':'." . . 'd6'3r:d' c, "41;l'i4H '1.9,Q;;9';;;-f,;~t~.~:!!';:;' ." '. . ,d, . b:1'4'1.bb '0;61 . :~g~~:;:;96108'':''''':~~g'0:!;: {,;OJ' . ....... '.' &Ppt8~.P~!REl.J~y:,' .. . Approach LOS' .,-" ,,-, . .',"."'. .'. ,:::, . ":.c( ;c6,1';8';...c".';' E ..' ,~: .<-'::;':' ,.;"<:,-:.~:'-\ 28':0..;.'.. C ycle Length: 0 &Sty~!~Cj'8ySI~'.~(;lngtn::.1.3Qy.:i};, ;,...... .....i,..........",.. ." .... ;.,...,., ..,........... ,........,...::........ ......,., ....,.. '.' ..., ,'. . OffsefO' (O%),'Referencedfophase 2:'1\JBT," Start oft3reen;' Master'l ntersec:tion N.?Wt<,!I.@Yc:;J,e,:,;.;IQ.9/"i';r:;"';,'.::':'(::;]';i,;';'>; ;.:.,;,(,/......'./ . .,j."'" ....... ..... ..':' Gont'f6IType: }\CtUatea~C6ofdinafed fIJ1a~i,r;f1[jm:\i/C;)l3atib;)Q!9~j: ;,,,";:;'''';.:'' ", iritersectio h' Slg'l1altlei'ay:'29:6'" .. 1,~!e,f*:~$t.i8~t~~e~9jt~:ii~J!J[~~ti~.~.';.~,,;IS9~);0::i: ,. '.'/ ..' ...,.'..:'I;Mi~~~~8ii6ri'.(b'~:.6'... . ,c.. "';","..., Lq;;,W.;g~~~I:~t:8e.iNip~;p::.,(.. 5: Central Dr & Main St EARTHTLVL7-FF51 Scenario 1: One-Way Couplet Between Franklin Rd & Central Dr 2025 PM Peak Traffic Conditions E A R T H @ T E C H MERIDIAN COUPLET J ofl71N d:asr021'3"iW Company SCENARIO 1: CENTRAL DR TO FRANKLIN RD Date: 9/15/2003 COST ESTIMATE Rev: By: C.Ream Item Description Quantities Units $ I unit $ litem $ Total 1 Right-of-Way Commercial 63,300 SF 15.00 949,500 Other 102,600 SF 10.00 1,026,000 Home Displacement Costs Trailers 17 Ea. 10,000.00 170,000 Homes 18 Ea. 100,000.00 1,800,000 Building Demolition 36,000 SF 2.00 72,000 Misc. Demo & Removals 1 LS 50,000.00 50,000 Subtotal 4,068,000 2 Utilitiesllrrigation Ad]ustmentIWork Subtotal 50,000 50,000 3 Grading (Earthwork) Clear & Grub (Non-vegative areas) 1.5 AC 500.00 750 Excavation, Haul & Subgrade Prep. 12,500 CY 4.00 50,000 Granular Borrow (in place) o CY 6.00 0 Topsoil Strip & Stockpile (OS) o CY 1.50 0 Remove & Pulverize Exist. Roadways 25,000 SY 4.00 100,000 Demolish Existing Bridge o LS 70,000.00 0 Excavation for Soft spots 5,000 CY 8.00 40,000 Soft Spot Repair 5,000 CY 18.00 90,000 Misc. Earthwork 5.00 % 150,750 8,000 Subtotal 288,750 4 Drainage & minor Structures a. Drainage Drop Inlets 40 Ea 750.00 30,000 Manholes 20 Ea 1,600.00 32,000 Piping 9,300 FT 40.00 372,000 Oil & Sediment Box 6 Ea 2,500.00 15.000 Retention Basins o Ea 10,000.00 0 Detention basins o Ea 6,000.00 0 Temp. Erosion & Sediment Control 1 LS 10,000.00 10,000 Misc. Drainage Facilities 5.00 % 459,000 23,000 Subtotal 482,000 b. Irrigation Box Culverts OFT 250.00 0 Large Irrigation Culverts OFT 60.00 0 Misc. Irrig. Culverts OFT 35.00 0 Misc. lrrig. Structures o Ea 2,000.00 0 Remove Structures & CuJvert Pipe o LS 5,000.00 0 Misc. Irrigation Work 1.00 LS 20,000 20,000 Subtotal 20,000 Page 1 of 3 cost-summary .xlscentraJ-franktin E ART H ~ T E C H MERIDIAN COUPLET Jof:lT1\'It1:1~a'm1;O/'" Company SCENARIO 1: CENTRAL DR TO FRANKLIN RD Date: 9/15/2003 COST ESTIMATE Rev: By: CReam Item Description Quantities Units $/ unit $ /Item $ Total 5 a. Base Sase Course 10,100 CY 14.00 141,400 Granular Sub-base 20,200 CY 10.00 202,000 Misc. Areas 5.00 % 343,400 17,000 Subtotal 360,400 b. Pavement Plant Mix 16,500 TON 30.00 495,000 Tack Coat, Prime Coat, Blotter, Etc. 1 LS 50,000.00 SO,OOO subgrade Geotextile 60,600 SY 1.00 60,600 Misc. Areas 5.00 % 495,000 25,000 Subtotal 630,600 6 Traffic Items Delineators, Pv'mnt Markings,.. 1 LS 10,000.00 10,000 Signing 1 LS 10,000.00 10,000 Lighting wI Electrical 10 Ea. 6,000.00 60,000 Signaling 2 Ea. 150,000.00 300,000 Misc. Items 5.00 % 380,000.00 19,000 Subtotal 399,000 7 Construction Traffic Control Traffic Control Devices 1 LS 20,000.00 20,000 Traffic Detour Routing/Crossovers 1 LS 10,000.00 10,000 Flaggers 1000 Hr. 25.00 25,000 Misc. Traffic Control 5.00 % 55,000 2,750 Subtotal 57,750 8 Detours Constructed Detours 0 0 9 Other Curb & Gutter 27,200 FT 7.00 190,400 Sidewalk 15100 SY 20.00 302,000 Water for Dust 1 LS 30,000.00 30,000 Landscaping 1 LS 100,000.00 100,000 Fencing 2,000 FT 10.00 20,000 Survey and Lab 1 LS 20,000.00 20,000 Erosion Control 1 LS 5,000.00 5,000 Misc. Items 10.00 % 667,400 67,000 Subtotal 734.400 10 Total Construction 3,022,900 11 Design & Contract Admin 12.4 % 3,022,900 375,000 375,000 Page 2 of 3 cost-summary .xlscentral-franklin MERIDIAN COUPLET SCENARIO 1: CENTRAL DR TO FRANKLIN RD COST ESTIMATE EAR T H ~ TEe H Jo(1)I'III1(,,'~1'3i<es Campany Date: 9/15/2003 Rev: By: C.Ream Item Description 12 Mobilization Quantiti~s Units $1 unit $/Item 3.50 % 3,022,900 106,000 $ Total 106,000 13 Engineering & Contengencies Special Provisions/Change Order Project Contengency Subtotal 15.00 % 15.00 % 3,128,900 3,128,900 469,335 469,335 939,000 Total Project 8,510,900 Page 3 of 3 cost-summary. xlscentral-franklin c o n <( LO C\l o C\l 0 0 R @ '!! N ) ~ 8 -- ~ ~ i8 ~ 01 .mro o:JJ> 0 0 <llIXD g g coo 1lO~ ~ Ul N ~ or;o 8 ~ 0 0 ~ 8 10 16 2 OJ '2 ~ 8 8 ((llN !{) 0 (l)WN CQ;<'J)J CDW:'J CXl\lJlIl ~ Cl:N'f'J ~& fii 0 0 8 8 8 ~ , 8 ~ g fQ ~ S Oi '?I r ,~ fii ~ , rlll<W N'OID NIt<D =- CDllIl\l c:o-<JN CO\tn-<o ro 0 0 8 0 S 00 III I'- 10 r ~ ~ ~ 8 8 $ I:: CO;<) r:nfj 0 0 0 0 ~ I'- r (\J CO;<) r ~ r:nfj 8 8 <J) 35 II) 0 0 g g 9 r - I /" < f" C SimTraffrc Performance Report Baseline Meridian Rd Arterial Performance 9/15/2003 To a e ay r p~r?YI\l~h(s), Stop DelaY (hr) 8t:,q~Ii\Y~h(~)' T6talStOps 8.t9R.i\Yl:J.~}'i'.'...,." ....;."., AvgSpeed(rnph) , \.I~tri91~~I~htef~d: '. VehicJes' Exited . m~Hr.Iy:.'.E~j~!.Ra,te i Main St Arterial Performance 123.8 ,g~~4., 86.5 2.9.6,'. 7551 ",'O't5.g... . 16 '152gW..........; ..'., 15079'" o a e ay r) 0~1~.YXn\.l~li@" . stop' Delay' (fir) 8~3,liJ,,~l4Y~ti..($).} TotalSlops' .." ..... ',',:'1~242., '18659 .', ~~~f~f!~}~~ftWgg..'..',.'. .', ' .~~Hm.~ip.:>cj~:'!1~t~,.....,.",..... .'. Total Network Performance '!fI~ tiJgr@~iE:TltE!-ret:l.'... .,.' Vellfcles"Exited . '.' m.~;q~IX{:.~(<it:R<:it~r" . EARTHTLVL7-FF51 Scenario 2: One-Way Couplet Between Central Dr & Fairview Ave 2025 PM Peak Traffic Conditions Timings 37: Fairview Ave & Meridian Rd Intersection Performance 9/15/2003 ...J. -+ "'). .f .- "- \.. + 4' Lane Configurations gc5l1.1tD~(:VPh):<""', ..... ,...'.,..,.. Turn Type' " '. , etc5teijt~/::!IIJh-a;$e,if',,' 6 PermItteClrhase's ',' 4 8 Detectqr.;Rhasesir, <<7,'<4,4,3",:8 ...,' .8. Mirii'rriuffi'lhifii3r'(s)" 4.0' ..' 4.0 4.0 4.04.0' 4.0 MJtjiQ:iy'rt1,'.f:1P[itJ(s),;.81020: 0: ,,2;9,;9 8; 0"'?9.R?9.Q TotaJSplit (sY ,.. ., 23.bd 67.0 67.0' 33.0' 77:0 71.0 YmOeiJlyal"Oi.lwl;BPT,,1',!mM(e.'~()s;f)X,.,":". ......' ,...,. .,.."" ..183;}o.~5~":{p23jo..Yt5ri// 023.o.Yc5~"" ,..g53t.Yt5? :59%qg!'6 3.5 3:5 f\Li/e"taJai~e/.;[ga}fg)FL~~:i(*XN":"/':"""""'" ..,. ." ..0'9,.:\.' 0:5 :.O.S"" ;:0:5:."0:0:,....0;5 'Lag' Ce'8cf Lead Lag 'Lead' " Lead " JR.i.~e"".'.f'l..c;' Pa'..'~';I'~I:;.'M~.:go'..'.i""d0...:e'.p.<t..ir;n",.:..[~e,".,./?". .,." ',';N.,yo....i..en':'eS,;i::';:y:e.!i.)yM'~"r'n.~.yes/; '.,xes ;',.Y$s " ..' '. .... , .. " , ... ,., " 'MiriNOne'Mih "'Min'C'Cord ~Rt:lBffqt:i8t~~9;.,@'i'): .,...,1;~)Q',}63:1......'... ,",63;.1. .,...'?9.Q/73il,},73J1'.,26:0..,. ACWatecfglC'RatiO" ',' '0:15'" ,....b~49 '6'.49'0.22 "'b',5s'Ee5S" 0.20 '. ~~f~2~c56'~t~~~i:~~':;/'<' 'i"":~~~~ .':'g~~'3'i ~~~':"":g6~~",~~~~:',';.9~50~" %e50g: "LD"o;~Js~Y, '!':,....".:;"..,..../L..,:.i,y. '.",,}'.' 1'P9.2F9.!" "?3,3' ]9.7<81U2!~~:~D'1:!"';')\A~'" '49;9' o ..... """c '''''1::',0' "'"'F>''' "'0- ~~~..~~!~~';~~~X,i,""i,,',:., '" ",...,o..,..;57<:~,.., "'4i3~8'" f yce engt : ~stq~P3g0%~RL~]"\~,~ngm:'hl,i39'it1":.;(;;,':".. ,;"" ..'.. '.' dffseClb5(e1%),R'efererfcedl6 phase6:SBTL, ~~~i~I;~9@~~)'i~~~{~d:'dgg~~'IW~t~~', < ,.' M~~ii:)jl.Jnj';YI9M~?t!gjj~'.;g8;,'k;i};;;),.,.,"""'" . ""'. '.....,.".,','...0.'..' ...,.'.'".. ....'. .,0.'......,.. ...,.." I nterseCticlnSignalOelay :50',3" , ' ' " IntersectiOn' LOgV'[5 1'~~~h~~Rtiq,O~,%~~fi~Jty,';Et!!i~.~tign:'lli:9.fh13~i: .... . ,..,' '.'..IG;;l,!;4E!.y~]i,9r~~(:\!ic,e"S';'i". 0, "'i tt , 190.'" '.650 ..,3()().. " Perm Perm 6 ...".'...,6'" 4.0 .,'.....;?O.O. 30:0 ?i30(O(. 3.15 .'0:5",. ., ',,9. 4.0 .,o....?O!O 30.0 gi3~ 3:5' ".0.5."": ...,.,',,6 '4.0 .20:0 .... . - - . '...36.0. ..........;,?i3~".',....... '3.5 '0;,'035'., . "_:-.., _.' .:.CO' g'()6r~Ie()i~d:' .. " ' 0 26iO;"''-26m' ,.., "O.20"(fzd"'" . .'1! 02:";;;(0; 68"..".(..','. .'0.'.. " 52:61'2:~..'.. ' ',,80:7,0,.1'4[,2'; "F "If ~,y,->-; , .. - '-" - '-. .<, / ;;;,>:</,_O':''':-:'<;'c'':'_.'.;,..:'.';.'''' ,-:,'.,,/> ~;',-.":, <'.: ,~," ~ ":, --; :'-:-.' ':.:;.-: ',,:_',~ ' '., 'c '-"_\'.:.' Splits and Phases: 37: Fairview Ave & Meridian Rd i~ ~6 Scenario 2: One-Way Couplet Between Fairview Ave & Central Dr 2025 PM Peak Traffic Conditions EARTHTLVL7-FF51 Timings 35: Pine St & Meridian Rd ( ! Intersection Performance 9/15/2003 --+- "'). .f ~ + Lane onfigurations ~~~~~~'g~Wl)-)/""" ' erqt?gt~dgh.as:es. Permitted phases 8~t~9t()rRHC!s.~S:i' ,..:4, ..'.......,' 4 ,~/8u> ,."P" MinImum friWaf(s) 4.0 "'4.0 4:0 4.0 4:0 ' MipimWr"tl$pIW(S):,>"" 20;01,'20;0: .,.,'8.0'g~ig\ .20,-0,/." Tota'I'splHts)d ..,'."" ' 41.0 '4'1.Q ':29.0' 70.0' "6b~tr ~!~~~~liiM~f~~;i' '3,'~~'''<$~,~.:;'u)?g~: "~~~'.':.~~j~}i'.i .','.' ". ~~~~~d~~!t;f1.~::(~~:,i'.'.L~~~;.:.{it~~~W ......rf~~.;>'LRX?i"..,. ".:,q~B;"""" '.' '. PR':~e.,:;ac,;:aa;7IEI'"Ma:go'.:"d,9?el.WHli~ef, ,,' .....'.'yM.~I...n~;:j;iyM"~I.n~.);N':Yo.....~n...e~.: ,. '......., ,. '. . ." '..~m?:e68~d.'....'..'. ,.,' ~@lIT~1~~~j2~~~:~'.'.'..i8]~n'.i3~~,';'~,~;gx ':~~&W'<:8~~",;i.""'" ~wf~1~98'~My:d1." "~i1..i~'~~~.-.,:.~?i:i~~~~..,,~~~~.:.. .'. .......'.... ", ~Pp..p~rr':o~aa).cc..hh;;. ':.oL'iO,~.ls?Y'c,../..,.5~"E.q'i' ."..)i)/......., ,.,.'..,;./?~;cg...': 23:2'..'/:' ", f"I "C;'" I yce engt : 130 !At:tl.l13JeCj.c;Yc:1e'iL13ng ~h:130,.."'.,. d',> .', ...;.'.' ..,.'... .'.'...' ..'.'...,.".".,/" i/.' .i" .....' Offsef1e(1'4'%), Referenced t() pha.se6:SBTl.':,Staff()(Green' ~,rew~~toW~:j~~'~(B~'I~~:j~:~ii, ,', .--,:<:<:i:':'_": '-,/:;:-:;; '. ,- i< -:; > _~, .:.,) .'. .--.., "/ ,j.:"><:\_~~.J~"':';~.,;:_-:-".f. <0. );-.;,::;";x.\/:.~,,-.:,._; 'iHl'te;rsecHO'~[Os:c' , Splits and Phases: 35: Pine St & Meridjan Rd +'v;.". ",6 ~ fIl8 EARTHTLVL7-FF51 Scenario 2: One-Way Couplet Between Fairview Ave & Central Dr 2025 PM Peak Traffic Conditions Timings 22: Franklin Rd & Meridian Rd Intersection Performance 9/15/2003 -+ t .f ~ \.. + ..; Lane Co ura Ions Y9IUm~{vphY.,.""","" " TurhType ,,' ,~~~'~.~~~r~,~.~~~~.,....'" ~T~f~~~1~~~rr~r' ' '4:r ~~~~~~mifi~;itJet<' .,..'.,..,.,.'.,.~~~~,~ :.~g:g. ...;.~:g.."'" ~~f~~~ijM~{~:j!,\,'.... ,'. ,.,'..,.,.....'\9~~5..".@~~.!,.,.1.~~: ~~.~~f~~~im~,:($)y.', ".'......'L~o~~'y.;:[~o~~;' '.'..LOJ~".'... !2,~~g~~'~g'.Qp,ttmiZ:El?i:' ..,'[y~$r~.if.':;M~~i" .. yes..... R.ecallMode ,... .,' .,.'. ,,' Miil Min NOlle' · ~~fb~1i~t'~le~~;~wg" . ..,...,'6~~~',..,\...6~j~.hy6~:~.".' ~~f~?~q~~i.~~,\..d5~........ '\.',........i..i~~~gjj,y...~,~~~/!"~~~6'..,.;" "S'. ",'6.,.,..,.."....6, "4:0' '4,0 "'4.0 .',20:0:.,,?mq: ,,20.0 71.0 59.d ...' '59:d q~.~'{ f~5%'i ':4qo/<) 3.5 ' ' ." 3.5 3.5 "0:9"" .,',0;-5'.'0:5 ,...,.6' 4.0 ..20.0\.> ,,' '5'9:0" ..., :...,,4eXQ,.....'.'..j" 3.5 ,'0:5.,/.,; .",..' . ."".. -",..,.,. .. _ "', c: _ _'";" ~ ''':' -:,....:.,. -;' :.- ; - ,- : ,. c,' C ; ".'.~ .:>_':: "" '.:" ':.., ':,' ,..'" ~'".'c ,-c..:": .e-,Y :"_; :._ ::.'.: : . ":.;": ;_'.'-: ,<__--_" _-:. . Mltl'd06fat66rcl 'cggfd">" , 67'0< ..P,9:,Q,..'89.:.CJ.....5500,', ' '0:52 "" '0.42 ' 0.420'.42 'Os7:0"" .. q:.g,4!'..."1;:9~i'Qi.$~r:' <. '., 2j~'9" 28~ 1 37.5 27.3' . ~ ',:' .' ",. i :,. ":'. .~. " ,~ _' F,;-.~ ,.:,., ..: ~-. ~~~~~!~~;~B~gM'; ffifer~e(jliof;ijS(fjf:i'''''nifJ'' ~~~d%~~~ Cycle Length: 130 A"ct,uat~d Cycle Length: 130 ',' , ' , , . Offset: 89 (68%), Referenced to phase 6:SBTL, Start of Green 1'H,~mt~!i'<?y,J;UE!\;,!1.gp..r,....;.;!....;'..,....'....'..'..,'\)':;10'&."...);,;,....'.., '..,. " Control .typ'e:Actuatea~GOorairiatea. ~f~~8W~~~~ii~W~'(..B~:J~V?J7..j.;..'., "...., 22: Franklin Rd & Meridian Rd EARTHTLVL7-FF51 Scenario 2: One-Way Couplet Between Fairview Ave & Central Dr 2025 PM Peak Traffic Conditions Timings 42: Fairview Ave & Main St Intersection Performance 9/15/2003 ...J. --+- ~ "" t \.. ..; ana on Jgurations Yq!urh,e.(vphJ;i' ',' Turn Type " Pr6tettedRhases P~rrriitt~d" 'pfia ses Otl~~ptorPha.~es,.7.; ....",.,.4 '. ...".)3 MinimUm lnitlal(s) '~i'.()'" 4.0 4.0 MipIml.lm$plit(s).. .,8iO.gg;g.,zo;o; ..zmOVi',;20;Oi,,'8iO" 20:0"" " Total Split (sf " '8~6 "68.0 . '60.6 '41'.O"'3€3:d':i6:'d"" 21.0' ~~l~~fllM~~j/X"""""" ;,.... '...'.;.~~,N,9,~~;i.,1~~ i.,!;8~~llf,jrg~~;2"f,s~~;:;1;~:~,i;' ~.~~j~~im~'(~}'(i;Lo~~,.",,,'mq';<~~o~~;{ ";'tO~~}):teO~~:i!i;"f~~~'!iL~9~~\; .,.,' '.. ,'.. ........ ,..,....:<.. ~~B~1PM~~ftitrU~e?' ...,;'~gW;!(.'x..!~IkJ'~i~..~.g~~,1M2g1W~.::::~~~~i~~~~"..'. " ,'" ...,' ~~iQ11~J~i2~~~(~l. .'...'...'..'..b~~;:!.:.,'(~;~g'.i8~~~i..",@~'~..,;@~~~;:;';.a~1;~. .",'.d'!1~)....'., ~~I~~~q8~I~Yjd~' .',..' '., ".,.~~~~mi.;,',~~~~.J;'!,.~~~'~'.,,~,g~~;p,.i,~~q,~i'!~8~~';(;'~'i~;i;'" 'i'i 'i "..'.'.,..'.,950,' '26,q.:,X,1/tQ,J....gto..,' ,.., " '..' "Prof' " custom custom 4 ycle Length: ~W~~f~~d1@~I~r~~fl~~~~~~~..~8';~~~~~.:i:.~'~f;.',~f~Ri'j~fei~j, i?:'<<-' c-;'_ ...., '~..,~.;_'::-, ,.j_ " -,c .'."-.~.c.--,'_,-~..c;-'.~_..-~.-: f'"-'..-'. ~ . rnfe1i~~wgW~:i~A.~r~~I~~i'~f;!:~"., "'..',', ,..., " "f~f~ti~gi;;~'~Lo~:E." ,.,' 1.~t~r<~~qtit{9;'B~~~9ity;,~~!I!~~t!,~gw1,g.r\:.*%>;.,iij', c",<'.' ,'':'':' ..,...'~,Wl.~~~~!l8f;:'R~ryi~l;\,;G,'..\'.'.,'" ' Splits and Phases: t ~2 42: Fairview Ave & Main St '. ~1 EARTHTLVL7-FF51 Scenario 2: One-Way Couplet Between Fairview Ave & Central Dr 2025 PM Peak Traffic Conditions Timings 39: Pine St & Main St Intersection Performance 9/15/2003 ..J- --+- ~ " "" t /'" Lane onfigurations ~3~~~9S~eN'{< ' F'{QtEjG:tedipl:iases:.., PefmiltedPhases " ~f~~t()~'YRm!T(~r 4.6 4.~ MiQJrt1.lilm':,9plit(sY<.'~ ,......".,. .'......;~".R...'20;O ..20.0 TofaISpllf(s) ,."" '16:0 '5Efd' , 40.0 ~gl~~~i~(V{~5j;/, '1~~nx~~~/;,3.i~' t~~~r~&4!I:r~~l(~ti:" .L~O~~" ~.O;5i "'LO~g' ~~~~iF~~~~Willi~~?:,,:;'~g~!}";:Min" "'.~,~..%i~..2btfcf,..'t3icibM.l;'C66fb '...,',. .". ~S~I!~J"~ti.~~~~iJtf~tE..L'12~O:';,: 52;0 ';.136: q '~i"'~03.6.'2J8q\y,\:609."'5i4~;:i;5.60,..9.;:5;~94"'}:,;)~';60' .,9."5E'4~I;.. ,'}(i.,.; ',' .,.' , '. ...'.. Achialed g/e Ratio "(>:'o;9"'d~40 '...'0'.28 ~~i~r~~8:~j;~~:::~;~'}" :......:,~~~~ii;;>'~~~~",'i1;:~."',;;~~~~T,i.~i~~;i;;~'i,.~~~;(};9:i,~;i, ".,,'., ,..,.,. ..., ,',' ...,., '. ',.',...'.','".,.,.,.,.",;8;. 4.0 ;~g~Q "..", , 40.0 ' "3,1%:. ....'3:5;. "';""2.""" '4.0 :?-p;q", 74J1' .;R~~T '.,...,.,2,.. .,...,...,..,2 '4.'O'.rO ;2;Q;O).'},gO.g,;... '.'~ ,'.~ 74.0 "'74.0 <'~~~; ;";~~~;"""'" .. '- ,. '.' - .-_'_'_' ,-- n_' :"::,>--<" ,_.,':.'-.-:,:'-,1..:_;,'-:,';-:,' >;">: ':. ".,q-_", _",:.'.c. .... . '-'-":"'f"" ~, ;;: -',--:: J. ~ .':', ,.~' ~J'.:;, , . ;.i' ,-' ~. , ',., :' " ~ _ ; '5\FteKge;Atl~~.~I~y:'(, Approacfi'[OS .,., ,_ - ... 'c,_.'.. -. .., ~. .':i:.S--,.:.:: . '0)';.<.. .. Cycle eng : 130 ~~~!t~~~1~~~~'~~~f~~~~~t]9f~W~'~~~'~~::NB+L,".Sf~~~f&i~~Il';~"". ,..'.,. : =-=.- :--, _< . :;:'! .~::-:-~. _.' ;. c '. ~ -'. '. :-, ''- - - _ >. .- . ~ 'c " -:,' '" ; . ~,' .:,'-~'-::,-'c-,."-'.r:::,'-i:; .',-::.; .c.,:< _ .' ,.~ _, '. ,'_ _.__, ,1.n~~t~~~Rti.gm@;~'R~~.!~:;Wtjlj;f~;tig,8yr9;?:R~..f'; ...:.;...,;.,.'.@,\fii~~~~U~tJ8~.~.~p,~f:~(.~..~..... ;<:'-"'_:~>~':_<' '.' J'~._-'; ':i- "',",' " .~,.,."'. . "., , , .c --'. :.c.,~.: '2,,-, ,~~." . (L ,c _; ".' ~:~ ,; ," ,> : .'-",:"<,-,,. .;', '>'-~..\.. .>;;~ ~.>F''''.i.''''-;.''".."._,< Splits and Phases: 39: Pine St & Main St '~~t? t!l2 EARTHTLVL7-FF51 Scenario 2: One-Way Couplet Between Fairview Ave & Central Dr 2025 PM Peak Traffic Conditions Timings 38: Idaho St & Main St ( Intersection Performance 9/15/2003 ...J. --+- ~ '- t ane on 19uratrons Y'plu!11E!'{YpfiJ<i Tl.irnType' " .P't9tt3qt~d'Rhas~s< " Perm'itted"Phases ~rgf~~~i1Ri~~fr~')".'?""".""" Mi.him~m,,~P!it.{~)f,/,.,...; · Toti3Tsplit(s) ",. '." ~~f~~~llM~f~J:'''''''''''.''' " 4 ,8. . .'4.6<.'..'4.6:; 4,~i' /",29:.qli.},;~.gQ.R;,/".'?Qi9,;.....'20;0 '33.0'3'3':0 33.0' 33:6 ..<.....'...'.~~~:,...;T'~~~',....,.,?~~,.<?i~: ." '20'0,. ..y9~-/O'. .,7.5.%;........." 3~'5 ~~~ij:!7g?g'@i;>tiil")i~$?,. ,. . . R.ecall'M6de" ""rJ1ik".M-i{" ~~it\V~~~J~~~l~g.' :",...".,..:,..'...~~~'j.:;:;g~~2... ''- ," -' "'.. .- . ,..;.'...:....-.....;,.-'-:,,-,.-.'-.....-:..,:..:. . .'- ..'::.'.-..,........., ;'.,'-"'-." Miri ' " r,Jlin'COo;d ..27;:3',.', ?~X9;;:/~~H?;" 'tf21' 0.21 073 ' yc e Length: fl.PtUCl.t~d.Cyc:I~.IiE!pgtb:..J3g;./,:....,'J,L<; '. .': ... .... .....'.........'...,...""'.. .........., .....<'..'.;..,..'...,; , ' Offset: 12'0(92%), 'Re'fereflc'ed' to pnase2:NBTL, 'SfaiiOfGreen NflJl.lri:'!,JX~Y9J$:.;0qihW./:,.,.",.,.,'.'.,'.... .'j;;"';;"',,:;;:" . Co.flfroltype.:..Actuate.d~Co6rdfnafed Splits and Phases: 38: Idaho St & Main St '4~ 1!l2 EARTHTL VL 7 -FF51 Scenario 2: One-Way Couplet Between Fairview Ave & Central Dr 2025 PM Peak Traffic Conditions Timings 24: Franklin Rd & Main St Intersection Performance 9/15/2003 ...J. --+- ~ ~ "" t I'" Lane onfgurafons ygIY/i1i?(vph):; .", TUrri TYpe .'.; " g~9tE!9,te~B~~$~~\ ..' ", Permitted Phases [)~t~9tbr'~I;l(lse!:i',' ':7.'.'..48 '; a: '.2. 2 MinimUrr{lnitia((s)' 4.0 '4.0 4:b 4.0 4.04.0 .M!t.Jlm.gm9RIlt.(sJ\'..,. ".',8.02..0.9, ,29..9., '2.q.~P'?Q~Q'20:Q Totarsplif(s)~ " 20':069.0' 49:0 '49.061.0'61.0 [Qt~Ji,9PI,it(.%)0.j'..:.,..,.. ,',.., .."'.,.',';18~ Xi;;q3%'.,.,.38%-.."" fa3,. t.%5~...173:o.Yc5;ii.::\~73l.*5P YelJov/tlme(s)'" "3.5"3.53.5' lAL;.eB~a..~dj;el'..L9aliTg.,.iifi)~.(~} .'...'.LPa35g..i+,'0.s; .'...L.'.. 'e.Da)'d!'i . .,.'....' "O:'Q.}.0i5;':;:';,.0i5" ...--, . c'Ce:~-d;:'~" :".;t->::<:'.-, ~~~~1P~~~!timl~~?i'~~~~" 'MiA' .'~~~"""'~f~':cgbfd;'ddbPcf"8g6Fd...'i" ~gf~1~J~)~~~~~gX " ..".. "~~1g' ,g~~~'" 6~3~.id!~~Xi'i8~~'Y"8~~'>>?'Tg~~:' ~R~~~o.g~f~Y;'!cf1'X" " ," , '~j~g' i}~25,8:' "J2~1' '12~;\;'~;6~'~"':,i~'~9:~Yig~~"" ..".,,2, 4.0 X 2.9'9.: "61:0' \{';4~~"" , " '0.5'. '... ,.. " ~8Ptq(l~I]Jlggj~YR" .." '" " Appro,:l'chTos" . yc e en ~W~ttE!~~ig~'~~~~~la~~~~~d;i8:;~~~s~;'1;'NB+L.,~t~'~gi<3r~~g "..N;J....'.'.;..,'" .'. ' '."', ~~~i~~:.j,~~~~~;~~~~f~8~8g()t(Ji~~'}~'d......,'.. ." .' M.~~i2!~Wi.~(~~M~~g~!i~~:4g~i~?i.....'..., Ititi~I~~~tig,n':~~~~8it~AHti'jz:~.t!8mt.~g;.5,%o,""""" ,"":I.C?l,!i~~yel,.Of~?e~i8,~\~f::.." 24: Franklin Rd & Main St "", " .-'., :~'-;.~;;.;'>-/,;;,,.-,.:-..,;\':_'-;.,.-- ,:.,'.,. EARTHTL VL 7 -FF51 Scenario 2: One-Way Couplet Between Fairview Ave & Central Dr 2025 PM Peak Traffic Conditions Timings 10: Corporate Dr & Main St Intersection Performance 9/15/2003 '...J. --+- ~ '- t I'" Lane Configurations Y9ILim~(\f8N"'>'" TurilWpe ' Rr()teqt~Cj,eh<'l~es , " Penliitfed' Pnases ' q~@::.tqn:8Q?S:E!::i.;.,., MinimUmlnifiili(s)' , Mjpim9mt$'pli.t,(~h,';, TOfafSpHf(s) .'.. .,.'. ~~f~~~'iM'I~j;i:......i...........'.,.....,;' . ',>, 2010{;' "52:'6 ,',40%" '3:5 8. "'>8,".2" 4.0'" . 4:0""4:0' '~g:g'i " ~g:g.:},~g~g";*~::~W"i ~~~/,>, 4~~": "}J~~':';,q~~,, '..,,:.';,2,', 4.0 20ro'..'....'...... "78:ff ,;Bq~,U ',' "3:5 ". 5~~:g.T~;~g;~Btimjf'~?:; RecalJ'MoCfe'" .......,..., ~~f~~1i&;~J~r~,~ffg:i.,.:.. j~I~r~()@'~j~~;WgW..;;ii; "'-'--"L",~ ~,_:f<,-:,;~."';'" ~.._'-;:-,-:.-:.~i::: <";;C,' ~-'."- ~;:-i,i. : ;' ',' :':'Min';J:~ <.::.<..rJHM-:~;-:, -rvU'n"" /-....Mih'-;>.C66r;d.:;{,:26b.~d' - ,. c_. , ,'g,~~W'i""g~i~"""""":~.~~ .'... .@~~/:.:B~~x';>3~jW"""""": ..,. " ,.".'.. ...~~~g:;X!'{~~~~.;\.~~~r'/;;~~~6/>q~~~1.:rPb~~.'i'. .:., , yc e ength: AqtLi~,t~.g;(}Yj:.jI'~;'~~I'l}}tlij;13p,:,;.,;: ..:..'..'.'..."..;;,.,... ., ". ,......'..,';;. :i..'..;..,.'...".'.,L;;.,.'....j..,.,., 6ffsef'49(3.86j~),R'eferenceatOphase 2:NBTL, "Start of Green' Mr~~g~~,~r~i~~~~~~I~~r';1;~;:~;~;b~;):,.....,';;;..'...,...' , ': ;.,;_C:,:~':',> ;. "'i;r~t~fs~~HOnLOs:""8" .--::,..,--'<":', - :' Splits and Phases: 10: Corporate Dr & Main St ~t'0 ",2 EARTHTLVL7-FF51 Scenario 2: One-Way Couplet Between Fairview Ave & Central Dr 2025 PM Peak Traffic Conditions Timings 5: Central Dr & Main St ( Intersection Performance 9/15/2003 ...J. -+- .f '- t ane on gurations M'prqm~Wpf1), ,..' '. Turri Type "., er()t~c:ted.p'hases"'" " PefmittE:l(j'Phases [)et~t:tqr.Rh~s~~ '..'... Mln imUml nitlaf '( 5) Mii1imlim:Split(:s).: TotaT'Splif(s) '. '... . i'FlI'Snf~)"'" ~~(~~fj*~?(~~':' "i"i <100i3g5 , Custom "......,3 3 .',,7........'.,4.' '",."3.', 4:0'''J04.0 ,~~~9,F!4f:jg'i'W,p~imi~e?,. HecalrMoBe......"'.. ..', ~tfJ~1~~j;~f8~~~H~' .,.,i,'~~~~'~~J~., ...~,~f.~...1~~6~;; :X~~~i;:",'F( C~'~','__, .:__: '.:.,~'.~';;:{~'_, ' -" .' , , ," ,- , : -~ , ,.. . c ' ...:, ,__'- ~ ',' , -' .-n-, -..., ;"'; . 'c" c, J -, ~ .-" ~~~f~!8~"',~~~Y~G'..i..;.....,." ., Cycle Length: 30 ~,t:m,<1tE:l,d;.g;'Y.c:I~\4l:l'~gm:...130'\':.:;>:.... ..'..' .... ...i;,',i'",';:":::,...';.':::..,.....,.',.:'...., ..,.;;',i'..,'.;,.........'... '..,...,.... .....,' bffsef6(dDJo), 'Referenced to phase 2:NBT, Sfarf6f Greeh, Masfefl'nfersecti'on ~.i:!tqr~.I:'~Y.9J~:;.~;9Prj...",;, ,'. ...'.,..,.<,,;,.,...... ". ,...,., ',' Co'ilfi'ofWpe:' Actuated-COOrdillated ~f~~~Wo~t~i~~~~5~,~~;~~~~'2,/'; !m.t~~*~~.tiqn:,~.~p,~~ity:,.y~i1i7~ti.~n'.~;t~~%;':, '. ",'j:r~W.P5~Y:~~tl~tip~r:y.i,t:eJ'ID>';;"" .',.,',.".. ",.,.., Splits and Phases: 5: Central Dr & Main St t ~2 EARTHTLVL7-FF51 Scenario 2: One-Way Couplet Between Fairview Ave & Central Dr 2025 PM Peak Traffic Conditions (' ( E A R TH@)T E C H MERIDIAN COUPLET J obTiNl1~'re21'io/ce> Company SCENARIO 2: CENTRAL DR TO FAIRVIEW AVE Date: 9115/2003 COST ESTIMATE By: C.Ream Checked by: Item Description Quantities Units $ / unit $fltem $ Total 1 RightMof~Way Commercial 54,500 SF 15.00 817,500 Other 78,500 SF 10,00 785,000 Home Displacement Costs Trailers 17 Ea. 10,000.00 170,000 Misc. Demo & Removals 1 LS 50,000.00 50,000 Subtotal 1,823,000 2 Utilitiesllrrigation AdjustmentIWork Subtotal 50,000 50,000 3 Grading (Earthwork) Clear & Grub (Non-vegative areas) 1.3 AC 500.00 625 Excavation, Haul & Subgrade Prep. 12,500 CY 4.00 50,000 Granular Borrow (in place) o Cy 6.00 0 Topsoil Strip & Stockpile (0.5') o CY 1.50 0 Remove & Pulverize Exist Roadways 25,000 SY 4.00 100,000 Demolish Existing Bridge o LS 70,000.00 0 Excavation for Soft Spots 5,000 cy 8.00 40,000 Soft Spot Repair 5,000 CY 18.00 90,000 Misc. Earthwork 5.00 % 150,625 8,000 Subtotal 288,625 4 Drainage & minor Structures a. Drainage Drop Inlets 40 Ea 750.00 30,000 Manholes 20 Ea 1,600.00 32,000 Piping 9,300 FT 40.00 372,000 Oil & Sediment Box 6 Ea 2,500.00 15,000 Retention Basins o Ea 10,000.00 0 Detention basins o Ea 6,000.00 0 Temp. Erosion & Sediment Control 1 LS 10,000.00 10,000 Misc. Drainage Facilities 5.00 % 459,000 23,000 Subtotal 482,000 b. Irrigation Box Culverts OFT 250.00 0 Large Irrigation Culverts OFT 60.00 0 Misc. Irrig. Culverts OFT 35.00 0 Misc. Irrig. Structures o Ea 2,000.00 0 Remove Structures & Culvert Pipe o LS 5,000.00 0 Misc. Irrigation Work 1.00 LS 20,000 20,000 Subtotal 20,000 5 a. Base Page 1 of 3 cost-summary. xlscentral-fairview ( EAR T H ~ T E C H MERIDIAN COUPLET J ol:l1)NO':o'r021"3ices Company SCENARIO 2: CENTRAL DR TO FAIRVIEW AVE Date: 9/15/2003 COST ESTIMATE By: C.Ream Checked by: Item Description Quantities Units $1 unit $ litem $ Total Base Course 8,100 CY 14.00 113,400 Granular Sub-base 16,300 CY 10.00 163,000 Misc. Areas 5.00 % 276,400 14,000 Subtotal 290,400 b. Pavement Plant Mix 13,300 TON 30.00 399,000 Tack Coat, Prime Coat, Blotter, Etc. 1 LS 50,000.00 50,000 subgrade Geotextlle 48,700 SY 1.00 48,700 Misc. Areas 5.00 % 399,000 20,000 Subtotal 517,700 6 Traffic Items Delineators, Pv'mnt Markings... 1 LS 10,000.00 10,000 Signing 1 LS 10,000 10,000 Lighting w/ Electrical 10 Ea. 6,000.00 60,000 Signaling 2 Ea. 150,000.00 300,000 Misc. Items 5.00 % 380,000 19,000 Subtotal 399,000 7 Construction Traffic Control Traffic Control Devices 1 LS 20,000.00 20,000 Traffic Detour Routing/Crossovers 1 LS 10,000.00 10,000 Flaggers 1000 Hr. 25.00 25,000 Misc. Traffic Control 5.00 % 55,000 2,750 Subtotal 57,750 8 Detours Constructed Detours 0 0 9 Other Curb & Gutter 16,800 FT 7.00 117,600 Sidewalk 9400 SY 20.00 188,000 Water for Dust 1 LS 30,000.00 30,000 Landscaplng 1 LS 50,000.00 50,000 Fencing 2,000 FT , 10.00 20,000 Survey and Lab 1 LS 20,000.00 20,000 Erosion Control 1 LS 5,000.00 5,000 MISC. Items 10.00 % 430,600 43,000 Subtotal 473.600 10 Total Construction 2,579,000 11 Design & Contract Admin 12.4 % 2,579,000 320,000 320,000 12 Mobilization 3.50 % 2,579,000 90,000 90,000 13 Engineering & Contengencies Page 2 of 3 cost-summary .xlscentral-fairview MERIDIAN COUPLET SCENARIO 2: CENTRAL DR TO FAIRVIEW AVE COST ESTIMATE EAR T H ~ TEe H Joh~tf.Q'ro2'1'31ces Compi1oy Item Description Special Provisions/Change Order Project Contengency Subtotal Date: 9/15/2003 By: C. Ream Checked by: Quantities Units $/ unit . $/Item $ Total 15.00 % 2,669,000 400,350 15.00 % 2,669,000 400,350 801,000 Total Project 5.613,000 Page 3 of 3 cost-summary .xlscentral-fairview