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Home My WebLink About2003-09-02 rr> .. \....... ..... ..: ..................... .....>.. . .\.......: ...... .:... ........ ....\. ............ .. .. ...... >....... ... . ..:............. . .........>... ...i\ \ .. ........ ...........>. ..... . ..... ...2 ..........r>...............:...ii.............. ... 3: .............:....... .............. ...............i.. .. ...............i\i . . ... .. . . .- . . . ..... . . -.. ..... . ...... . '/~, , "j ,',*' \.?j,.CIWYi OFMERIDI.. , · ~<"~F~%~;b~~~Zf.. ,,' ,,' "':-;'. [~:~:;~;~ ......>. .... ... .. ... .. ....... . .. ....... .,. ................ x X ...:.... ..:..... .......\... ill..axy eithBir i'......... ....>.......\. S.... ....:............ .~\V~ Wate:rSe:. . or"estboro. ....iCe\ ilv'erston ..... .0 pg[?~I;~~..e ISc:usslon;i .. Ie;;:' OI'~~;;;,ed:\lg":a~g~;~iH&r.,~;:a:.~iJi~:~i~1;,~(. ..... :....... > .... ...... .. ..... .....i . .:>... .., :.: ..... ..:......\................:................ :...::...:.... .. . ............. ... . :..:.: .. .... .. ... ... ..... ..r' .... · ... ...: ... . ...da; ..............-:...........s;.:....e..........p... ... ...,......e..... ....n. ......1. ...b. .... .....e ... .......r......... .2.\.....................2..... . .......:.......~ie~i~liiiIlCi;y c;?in ... , a.7C : i ~,-., ....? .pjgc(6f. i .. .... .: . ........ ... ...........,.,.lIl11alcl:lalsprcscn!cdat public gs shaUbccome properly ofthc City of Men ',., A"Y~:fti~~J':;:~:'~';;'~~"~:8~;~:1~ ;~~~:;:,~;:'~;~~\;:~~~~~~:2~~,".%:~:. .:.:.\ ... ( CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 2,2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: L Tammy de Weerd X X Cherie McCandless )( . K Mayor Robert Corrie 2. Adoption of the Agenda: C2fJ11Yt/v..e- Bill Nary Keith Bird 3. Discussion of Water Service and Dry Line Sewer for Westborough Subdivision: ~pv.e. e.t::-k./1-1-r~ o,f-~waf~f-eVV.I~ (15 minutes"') 4. Update I Discussion on Application Fees for Silverstone Project: (10 minutes"') w~.?(;"e. {/tL!p'C4~ ~ '" 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 - September 2, 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. MAYOR Robert D. Corrie .~ .~-t.c1':Wt I'~r",':.~ ?t:;-,}~~ ~p /'. l~iM.._ -'-/VL e;;dl:;n'~-~lV IDAHO CITY COUNCIL MEMBERS Tammy de Weerd William L M. Nary Cherie McCandless Keith Bird ~, ......,~, ,"" \' V )1 J? ./-y /' QrNcE i 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466A405 PARKS & RECREATION (208) 888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500. Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 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, September 2,2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of Water Service and Dry Line Sewer for Westborough Subdivision - Update I Discussion on Application Fees for Silverstone Project The public is welcome to attend the meeting. DATED this 29th day of August, 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 MAYOR Robert D. Coo'le " .~ , ;:1,:~j~~0~". ~~._~ ~p /' CITY OF I~!t!i~ .... -L/VL erldlCrn'-<"~:: ~ ." ",-, " ,I V II jJ ./ QUlce ( 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887- 1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd Wi[liam L. M. Nary Cherie McCandless Keith Bird IDAHO 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, September 2, 2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of Water Service and Dry Line Sewer for Westborough Subdivision - Update I Discussion on Application Fees for Silverstone Project The public is welcome to attend the meeting. DATED this 29th day of August, 2003. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-42[8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-48[3 --- . 1> i' 8e.. Fast fw <Pu-~c: ~Cz;[1 MM'l ~! MAYOR Robert D. Corrie ,.' (l:t~-<';~j clfe;;d/:~; IDAHO \'"" LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887- 1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird " ...., \' V I )~ /.-y /' gIN" ,1903 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, September 2,2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of Water Service and Dry Line Sewer for Westborough Subdivision - Update I Discussion on Application Fees for Silverstone Project The public is welcome to attend the meeting. DATED this 29th day of August, 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 p~ ?ost ~ CVl,CMiG rLof1Cz.,.-1htU1~S! - CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 2, 2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Bill Nary Keith Bird Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Discussion of Water Service and Dry Line Sewer for Westborough Subdivision: (15 minutes*) 4. Update I Discussion on Application Fees for Silverstone Project: (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 - September 2, 2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. *ll< TX co. :MAT ION REPORT ** DATE TIME' TO/FROM 2~ 06/29 12:39 3810160 25 06/29 12:40 PUBLIC ~ORKS 2Q 06/29 12:41 12084664405 26 06/29 12:43 8841159 29 08/29 12:44 2088840744 30 08/29 12:46 2086467366 31 08/29 12:47 8985501 32 08/29 12:47 LIBRARY ( AS OF AUG 29'03 12:48 PAGE. 01 CITY OF MERIDIAN MDDE MIWSEC PGS CMDIt STATUS EC--S 00'33" 001 154 DK EC--S 1a0'24" e01 154 OK EC--S 1a0'24" 001 154 OK EC--S 00'24" 001 154 OK EC--S 01a'24" e01 154 OK EC--S 00'24" 001 154 OK EC--S 019'23" 001 154 OK EC--S 00'27" 1301 154 OK - P Leo..SL Post J;/P~o ~ez;-lhCWt f:.S ! ~ -..... Dlfe;;dld~: ~/ IDAIIO MAYOR Roberr D. Come CliY ~OT)NCH. MEMBERS ll\mmy tie Ween! William 1.., M. Nary Chc,'ie MeC~ndless Kellh Bird '" ~I " V ., Y J LF.OAL DEPARTMENT (20S1466.nn. FAX 4<>6-440; PARKS & RECMA710N (ZOB} SSa.J57~ . F:l. M~.SSO I rUBLlC WORKS (ZOR) 8Q$.S5OO' r-.. aR7.1297 BUILDING DEPARTM[)NT (208) RR7-22 I I . f~x 887.1297 PLANNING &. ZONING t30~) 8S4.5S33 . Fo. RS8.6854 tA-t:;ljp'~ ~i::( lm~ NOTICE OF PRE.COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will ho[d a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 2, 2003 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - Discussion of Water Service and Dry line Sewer for Westborough Subdivision - Update / Discussion on Application Fees for Silverstone Project The public is welcome to attend the meeting. DATED this 29th day of August, 2003. 33 l:AST IDAHO AVENUE. ME.RJD1AN, IDAHO 83642 . (208) 888.4433 Cily Clerk Otl;c~ r-u~ (2GB} BflR-42J8 . Human RC$<.IUlCCS fax (208) 884-.&n1 . r.IM___' ..." - (" ** TX CONFIRMATION REPORT ** 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 27 DATE TIME TO/FROM 08/29 12:20 3810160 08/29 12=21 PUBLIC WORKS 08/29 12:22 12084664405 08/29 12:23 8841159 08/29 12=24 2088840744 08/29 12:25 8985501 08/29 12:26 LIBRARY 08/29 12=27 92083776449 08/29 12:27 208 388 6924 08/29 12:28 2088886854 08/29 12:29 12084674538 138/29 12:30 2138 895 03913 08/29 12:31 Laurel 08/29 12:32 208 387 6393 08/29 12:32 ADA CTY DEVELMT 08/29 12:34 208-888-51352 138/29 12:35 CHERRY LANE 08/29 12:35 POST OFFICE 88/29 12:37 IDAHO ATHLETIC C 08/29 12:37 ID PRESS TRIBUNE 08/29 12:38 208 888 67130 138/29 12:42 21388467366 AS OF RUG 29 '03 12:43 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00' 27" 001 08' 18" 0131 1313' 20" 001 00' 20" 001 00'19" 001 00'19" 001 00' 22" 001 00' 19" 001 013' 21 " 001 00' 19" 001 00' 20" 001 013' 19" 001 013'20" 001 00' 19" 001 00'40" 1301 1313'21" 1301 00'21" 001 00'26" 001 00'19" 001 00' 20" 001 00' 19" 001 00' 20" 001 CMDl:* 153 153 153 153 153 153 153 153 153 153 153 153 153 153 153 153 153 153 153 153 153 153 STl=tTUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- p~ <Yost .fW ?u.-kli.c.. rw-k~ -1hlU'1~s.! CITY OF MERIDIAN PRE-COUNCil MEETING AGENDA Tuesday, September 2,2003 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: Bill Nary Keith Bird 3. Discussion of Water Service and Dry Line Sewer for Westborough Subdivision: (15 minutes.) 4. Update J Discussion on Aonlir.::atinn c""...... 1:-- -.. i ** TX CONFh ,oTION REPORT ** AS OF AUG 29 '03 13;09 PAGE. 01 CITY OF MERIDIAN DATE Tl ME TO/FROM 14 08/29 13;09 3448677 MODE MIN/SEC PGS CMDij STATUS EC--S 00' 23" 001 158 OK -------------------------------------~------------------------------------------------------ .,t;rf .\ifH e:M:::ridl:in ~. IDAHO ~ ;:<'O':,::(1::XrI~"'...~,r.1.~r:!:~~- ..... ~ r' / I~ ,.".;~q /;~ ,P~.<.:~:!~:':-l~-:~~l.;< ,: .:t:bit~~ ' 1 Yo. ,,,L . ,.". . :; r(:~ ;'/:..,:[:;~':t;, ~.,t~~,:i . " ;.' :f~1Hi%fh1l~( ,;( \q:~< , I , ',<0.!~<, " : /~\; 'i. :< :: ";41":"r""',i , .. {,...' . r ,',." " ' . , " . I .. \ . rl~~ DECLARATION OF CANDIDACY I, the undersigned, affirm that I am a qualified elector of the City of Meridian, State' of Idaho, and that / have resided in the city for at least thirty (30) days. I hereby dee/are myself to be a candidate for the office of Mayorl for a term of four yearsl to be voted for at the election to be held on the fourth day of November, 20031 and certify that I possess the legal qualifications to fill said office and that my residence address is Signed: Name Printed: Subscribed and sworn to before me this ,2003. day of Notary Public Residing at: Commission expires: Nonrefundable Filing Fee of $40.00 Date Paid Receipt # 33 EAST IDAHO AVENUE · MERlDlAN~ IDAHO 83642 .. (208) 888-4433 ( ** TX RMATlON REPORT ** AS OF !=lUG 29 '~..I 13'13 P!=IGE.01 CITY OF MERlDIAN DATE TIME. TO/FROM MODE MIWSEC PGS CMDlt STATUS 01 08/29 12:49 2136 388 6924 EC--S 00'27" 001 154 OK 02 08/29 12: 51 21388886854 EC--S 00'23" 1301 154 OK 03 08/29 12: 51 12084674536 EC--S 00'24" 001 154 OK G4 08/29 12:52 200 89S 0390 EC--S 013'23" 1301 154 OK 135 08/29 12: 53 2138 387 6393 EC--S 1313'24" eel 154 OK 06 08/29 12:54 ADA CTY DEVELMT G3--5 00'413" 0131 154 OK 137 0SV29 12:56 208-888-5052 EC--S 013'24" 001 154 OK 08 08/29 12: 57 CHERRY LANE EC--S 00'28" 001 154 OK 09 08/29 12:58 POST OFFJCE EC--S 00'33" 0131 154 OK 113 08/29 12:59 IDAHO ATHl...ETlC C EC--S 130'24" 1301 154 OK 11 08/29 13:00 ID PRESS TRIBUNE EC--S 00'23" 0131 154 OK 12 08/29 13: 01 2138 888 67130 EC--S 00'23" 001 154 OK 13 00/29 13:134 92083776449 EC--S lOe'23" 001 154 OK 15 08/29 13:12 Laurel EC--S 130'25" 12101 154 OK MAYOR Robett D. C~m~ - P Lea..S e.. F ost .fV/PuJe.L.; () nor~- lhWrt r-S! .. ..7e. .t... :t."", /Ok. olfe;;;II~n JDAllO LEO'" L. DEPARTMF.NT (208) 4~6.mn . fAX 4{,6...0, PARKS <Ii: RECREATION (20S) S8~.JS79' P.l~ RQg.S501 rUlll.lC WORKS (208) 898,5500' l'".. S&7.12n flUILPfNG OErARTMllNT (208) 8n.22 I I . Fax SB7.1297 PlANNING ilL ZONING <20S) SS4-~S33 . l'.~ 8~g, 6854 cln COUNCIL. MaMBl:.RS Tammy de Wccrd William L. M, Nary Cherie MeC;lndless Kellh air<! NOTICE OF PRE.CQUNCIL 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, September 2, 2003 at 6:30 P.M. The Meridi~n City Council will be discussing the following agenda items: - Discussion of Water Service and Dry Line Sewer for Westborough Subdivision - Update I Discussion on Application Fees for Silverstone Project The public is welcome to attend the meeting. DATED this 2911> day of August, 2003. 33 EAST mAl-ro AVENlffi' MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk OOlco l'.~ (208) 8M.42tS . lium~" Rcsou<<:cs I':u: [2n8\ RR4.~77' . .,,___. . .. w Pre-Council Meeting August 29,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Goldcreek Developers, LLC September 2, 2003 ITEM NO. 3 REQUEST Discussion of Water Serivce and Dry Line Sewer for Westborough Subdivison: AGENCY COMMENTS CITY CLERK: See Attached May 13,2003 Pre-Council Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: .r.;) {I . ~ljf vJ~ ~~ w(1 Contacted: Emailed: See Attached Letter from James L. Jewett, Goldcreek Developers, LLC d!ivY\ ~[.,v-(.-i:t Date: 8~Zcl-1)3 Phone: rtC\L\-CJOlO !'o..x..,e J.. O""~.N\..CL(>J Staff Initials: ~ Materials presented at public meeHngs shall become property of the City of Meridian. OTHER: Rug 15 03 03:58p James L Jewett 208-331-6466 p. 1 ( CLEL\,- D~HC€ g02> 4;1-..1 0 August 15, 2003 Y\f\v~ l'lL ~\cE. I f:3i?l- 4-8i 3 C:ll1.(i ~q dU€f3-e.; ~ Mr. William Burg Meridian City Clerk 33 East Idaho Street Meridian, ID 83642 Subject: Westborough Subdivision #02-38-8 Water service and dry line sewer me). "'155/-:,_ Dear Mr. Burg: At their June 24, 2003 meeting, City Council instructed Brad Watson to negotiate an appropriate arrangement to extend potable water to the proposed Westborough Subdivision lots on Jericho Road. Brad and I have had several conversations on the best way to provide water to these lots. We have agreed that Goldcreek Developers, LLC will extend the water line, at their expense, from Locust Grove Road, westward through the proposed school site, to Jericho Road. The line will service the 5 one-acre lots and the 1 5-acre lot on the east side of Jericho Road. A latecomers agreement should be established for the properties on the west side of Jericho should they receive water service from this line extension. Goldcreek Developers, LLC is also constructing sewer service extensions from each home to Jericho Road, to tie to the future extension of a sewer line to this area. Also, a well lot is being platted in the West borough Subdivision, in keeping with the current Meridian Comprehensive Plan. Goldcreek Developers, LLC, offers this well site to the City of Meridian at fair market value to be determined by an appraiser, less a donation to the City by Goldcreek Developers. so that the net cost to the City will be $30,000. Please schedule a brief discussion of this arrangement at ihe Pre-Council meeting this Tuesday, August 19,2003. It is important that we get C01U1Cil approval of this agreement so that Brad can complete his review of the final construction drawings of West borough. Any delay to this approval will postpone the imminent construction of the new Centennial Area Academy by the Meridian School District. Thank you for your assistance. Please do not hesitate to call me at 794-0070 if you have any questions. Si~relY, { \ . . JamesL. J~~ GoYIcreek :Q~ve]:lP' IS, LLC " I ""- "--~: Brad w;rts ~ City Engineer Mayor Corrie RECEIVED AUG 1 5 2003 City Of Meridi.an City Clerk Office (')1 if'::: "I c:: , ~7 -"I L ~ I"A.D ** TX CONF1R ." MHI ION REPORT ** AS OF AUG 19 03 16:26 CITY OF MERIDIAN 06 DATE TIME 08/19 16:26 PU TO/FROM ____________ BLIC WORKS ------- ....---.......- MODE EC--S M1N/SEC PGS ______________~~~23" 001 CMDI=t STATUS _________~=~ OK PAGE. 01 el.8....\r:...... .--....r--r-. .......r .....IC€ eBB 4;1-..19J W\,,~ l'lQ.. ,.... r>.-.. (...<"J-t- . \ c:.. E- .,. $7 - 4-,0/ "2.. fl. .,'N,,", 1.../ L ~ __L~..:,r:;.dr';J~~i . ,.,.. ~q:55-'/ . ' August 15, 2003 Mr. William B Mcridi . urg 33 East ar:d City Clerk M'd' aho Street en Ian, ID 83642 Subject: Th At app lots pro," the~ SchOI onth, prope' . exten! each h Also, a current the City to the Cl Please sc Tuesday, so that Bf Any delay Area AcaO Thank you any questio, Si~relY. \ . ~~ ( Go~cre~k be ~I "- c: Brad \'I Mayor C".\I~ 'Ie' Westborough Subdi . . Water servic VISIon #02-38-8 e~nil..l-." g_11/03 J/-rv-- cJ ~ ~ tf!u ~ -,b ~ NfHv /frtJt?L fJ pt.!lurJ ilL Jipr.e. :r C-t(/I^' ~ ;1u ',{ tJYV CV?'-'. tz~t!/J, ;I.e.,;i4eJ her fw-ve ?-1-1- ar.M- ~ ..f;-.- -rM (4 h; (;6X'V'" J f::' ~.v..t . .' ~J .~ ~. ate an Subdivision tYto !ill extend ,proposed !--acre lot for the line 'ons from \3. ne ill site 10 mation l. ;s 'ment 19h. anial 'e ~D ~ an ce ( ** TX CONFIRM~'ION REPORT ** AS OF AUG 19 03 16:27 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 07 08/19 16:27 208 331 6466 MODE MIN/SEC PGS CMD~ STATUS EC--S 00' 23" 001 015 OK ------~-----------------------~-----------------~---------------~-~-------------------~-~--- .......Wo ....,... UPoJ ..........,.. ,...H....r' I" .. - c.,-8-\'- o'1='RcE.: eoo .:./-;t.J S August 15,2003 Wl,"'\.-j L~ ~1C.~ t3i?l. Lf8i 3 Mr_ William Burg Meridian City Clerk 33 East Idaho Street Meridian, ID 83642 Subject: WestOOlough Subdivision #02-38-8 Water service and dry line sewer ~l~"' (i ~~il1~,~'. , '1 " ". . rJie/ ~q5S-'/' ~ ~ Dear Mr. Burg: 6//1/03 to negotiate an ~borough Subdivision ~ best way to " LtC will extend ugh the proposed 1he 1 5-acre lot lished for the T.D this line lCtensions from lis area. At their June 24, 2(1(\"' appropriata. . lots 01 provid thewat school s, on the ea. properties extension. eacb home. ~ ~w(rIJ ~ -P /)tf07L:r I ~ J.l ft:/1~ p.fr' v ~~ V" .j1V-'! uY"" e.S rt f) -r- CP'~_ jJL~~~ tl-~ V'-"'r ., fr V<€- a (l/'" jVJ- cif1J ~ ~~? ith the s well site to 'i donation 1)00. Also, a well! CUItent Mend. the City of Me. to the City by ( Please schedule a Tuesday, August L so that Brad can C() Any delay to this at- Area Academy by th tbis ~ement )ugh. ~nnial Thank you for your as, any questions. 'e S~reIY, r , ~~~:~~c "---'Cc; BIad W~ City En. Mayor Corrie ~D . " ll.lO3 City Of Meridian City Clerk Office ( ** TX CONFIRMAiiON REPORT ** AS OF AUG 19 03 14:44 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 05 08/19 14:44 PUBLIC WORKS MODE MIN/SEC PGS CMD~ STATUS EC--S 00' 31" 001 012 OK ..vC't .&....J 10.1...1 v..... ...JUt" .....ault!t-:lt '- ...J.I.LI......... C.U-cJl-..:J~J.-c...,t)o F- j. CL8...\<"" O-f:'Ac..€ gee 4)....1.0 ~ .c Y\A...~l~ b{:'.p,c..E- '" Wl- 4-9i3 ,,' .,,--~.t, ,. < .. ... C-ll't ,(i.u?)tJ€<~; " Biei .. '15"5'-/ {{ " . At their June 24, 2003 meeting, City Council instructed Brad Watson to negotiate an appropriate arrangement to extend potable water to the proposed Westborough Subdivision lots on Jericho Road.. Brad and I have bad seve.ral conversations on the best way to provide water to these lots. We have agreed that Goldcreek Developers, LtC will extend the water Hne, at their expense, from Locust Grove Road, westward through the proposed school site. to Jericho Road. The line will service the 5 one-acre lots and the 1 5-acre lot on the east side of Jericho Road. A latecomers agreement should be established for the properties on the west side of Jericho should they receive water service from this line extension. Goldcreek Developers, LLC is also constructing sewer service extensions from each borne to Jericho Road, to tie to the future extension of a sewer line to tbis area. Also, a well lot is being platted in the Westborough Subdivision, in keeping with the current Meridian Comprehensive Plan. Goldcreek Developers, LLC, offers this well site to the City of Meridian at fair market value to be detemrined by an appraiser, less a donation to the City by Goldcreek Developers., so that the net cost to the City will be $30,000. Please schedule a brief discussion of this arrangement at the Pre-Council meeting this Tuesday, August 19,2003. It is important that we get Council approval of this agreement sO that Brad can complete his review of the final construction drawings ofWestboIOllgh. Any delay to this approval will postpone the imminent construction of the new Centennial Area Academy by the Meridian School District. Thank you for your assistance. Please do not hesitate to call me at 794-0070 if you have any questions. Sj~relY, r ~~~ ( Go~creek: Dev:eopt ' LLC , J "- '----6:: Brad WatS D, City Engineer Mayor Corrie RECEIVED AUG 1 5 2003 City Of Meridian City Clerk Office Meridian City Pre-Council Meetin~ Mav 13. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 5:00 P.M. on Tuesday, May 13, 2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, Keith Bird, Bill Nary, and Cherie McCandless. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Brad Hawkins-Clark, Anna Powell, Brad Watson, Gary Smith 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: Call the Pre-Council meeting of Tuesday May 13th to order. Mr. Clerk can you please call roll. Item 2. Adoption of the Agenda: De Weerd: Adoption of the agenda. Bird: Madam President. De Weerd: Mr. Bird. Bird: I move that we adopt the agenda as published. De Weerd: Do I hear a second? Nary: Second. De Weerd: All those in favor say aye. Item 3. Request for Water Service to Westborough Subdivision by Goldcreek Developers, LLC: De Weerd: Item number three. Request for water service to Westborough Subdivision by Goldcreek Developers, LLC. We will start first with staff. Watson: Madam President and Council members we received a letter from Jane Suggs representing Jim Jewett several weeks ago requesting water service to De Weerd: Council are there any questions? Bird: Madam President. De Weerd: Mr. Bird. Bird: Brad what's your recommendation? Watson: When this project first came through the county earlier this winter it was referred to us and I did prepare very very brief comments for Ada County Development Services. The substance of my comment I guess is summarized in the last paragraph that simply says if we had received the request to serve this with water assuming operations and maintenance responsibilities is not, may not be financially beneficial to the city. There are some concerns I guess on putting just five lots on what turned out to be - (Tape Error) Bird: That's alii had. Watson: I guess we would hope that the applicant could explain a little bit more about the project, the costs involved I their expectations of the city as well as what they proposed to do. There's nothing in this letter that really talks through the specifics of it. De Weerd: Thank you. Will the applicant please come forward or a representative. Jewett: Madam President and Council. Jim Jewett 3654 South Star Road here in Meridian. What was the question? We got approved with individual wells with the county on the application. There's United Water service available at this corner and in talking to Brad at earlier times he said they would at least like the opportunity to hear it without me just going to United Water. So that's why I put /" Meridian City Pre-CouncillVleeting May 13, 2003 Page 3 of6 the letter fOf'INard beca,use you did agree to bring water down here to service this school which eventually the second school will be in this location. So it almost made sense to at least request that water service now instead of letting United Water service a portion of that out there and then let the city serve the other portion. So I made that request, the other thing I made a call to Brad about was that Ada County required Meridian comment on dry line sewers out here down Jericho as well. So we were kind of looking for what you wanted to do, if you wanted to put dry line sewers or just not do anything right now. And also one thing I had mentioned to Brad or Bruce or somebody was another well lot is going to be platted in the subdivision here about possibly donating that to the city in exchange for putting the water over there. You know maybe something could be worked out there to make it more financially feasible for the city. So our urgency in the whole issue is simply that we need to get the subdivision to be able to get the school their lot so they can move fOf'INard. They've given us a pretty tight timeframe and it's going to be hard for me to meet it without having some answers so that I can get the plat recorded at the county. De Weerd: Mr. Jewett when you came in front of us to request the water to the place where the school was going to be. Why didn't you ask at that time for the other six lots? Jewett: Because the application for the county was for individual wells. So we weren't asking and I guess it really just wasn't thought through well enough and the other conversations I had with Brad after that. No it was Bruce. Bruce Freckleton. He said that he thought that the city would want to have the opportunity to hear whether or not they wanted to service that side before I just gave it to United Water. De Weerd: I guess what I understood from - that you were approved with six well lots on those so what you are saying is different from what was approved by the county that you are to put wells on there but you are telling me that United Water would be in there. Jewett: What we are looking for is the fire flow and that's what wells won't provide us is the fire flow. Now so I guess were that's where we are really looking for in getting somebody's (inaudible) water system is to get the fire flow as well. I haven't approached the fire department to ask if they would approve it without the fire flow and I don't know what his position would be but I know they prefer having fire hydrants. Even on the larger lots. We've done it in other areas around Meridian that's not part of the city were we put in ponds and just different types of (inaudible) sprinkler systems in the house. It just seems better if we can give them fire flow. Again I apologize for the tardiness in making the request I guess it could have been made with the request for the school. The school itself made that request after they had made a deal with us to purchase that property or trade that property. They came fOf'INard with the request for sewer and water. The water actually if I recall was granted earlier to the church because the church Meridian City Pre-Council Meeting May 13, 2003 Page 4 af6 was going to go to Un.ited Water and something happened there where the city said well no we would rather service it then have United Water so I think the water services was already provided in front of the school before the school came forward. I think it was the sewer that came. De Weerd: Thank you. Bird: Madam President. De Weerd: Mr. Bird. Bird: I for one do not want United Water over there at all. I know they would be glad to come over for six lots or whatever they need because they like to get in up there and once they get in I think its going to be harder then we think to get us out. But we did come up to around that church for a simply reason Mr. Jewett and I think we need to look into either supplying the water out there with our well and we can set up a well that's - we know that area is going to all develop. We can set one that comes around and can do a lot more then just service. I for one would not be interested at all in entertaining United Water to come in. De Weerd: Any other comments? Watson: Madam President. De Weerd: Mr. Watson. Watson: I want to avoid another Silverstone situation here. I don't think we are interested in servicing this with water if we incur the costs to bring that half a mile of water over there. In fact we would need a budget amendment this year to do that. That's what I heard the applicant say in exchange for the well lot we would construct that line. So I just want to make sure we are very clear and all on the same page before we go forward. The other comment would be that if we do do water then we should be doing the dry line sewer as well. De Weerd: Mr. Nary. Nary: I guess the only other thing I want to be clear although the state statutes supports it at the moment that those lots since they are not contiguous right now then we provide sewer service or water service to them then they are all consent to annex to the city when they are contiguous. State statute supports that concept currently but it may not in the future. Jewett: And I would agree if the city does agree to provide services I can right on the deeds a requirement that upon connectivity that they'll consent to annexation. The reason being is we were retaining this larger parcel for some distant future Meridian City Pre-Council Meeting May 13, 2003 Page 5of6 redevelopment and of course we don't want to be blocked out of the city as well. So we would do it for our own benefit as well as the benefit of the City's. De Weerd: Mr. Jewett did you understand the (inaudible) staff's comments were? Jewett: Yeah and I haven't obviously they need some direction from the Council before they could actually negotiate or discuss anything with me. Alii said as an option was that we have the well lot and some partial deals could be made. We would obviously if we can't get our water we will build the frontage that is part of our requirement. So I meant that is something that we need to negotiate. So I don't know - I certainly wouldn't want to build a 12 inch line, I mean 8 inches standard is what we usually build so I don't think any modeling as been done so I think if Council wants to go in a direction I would have to sit down with your staff a nd work it 0 ut. De Weerd: So staff at this point if the direction is given to work with the applicant on the dry line requirements and if we do agree to service with the water that the line be provided by the applicant and that the well site itself is something to be worked out at the staff level. Watson: Madam President and Council members. I think what Mr. Jewett is saying is those are all details that he would like to negotiate with staff and then come back to you for a final check. We need to do some preliminary engineering and some costing to even be able to make a recommendation to allow you to make an informed decision on this it sounds like. Sounds to me like the only decision that could made tonight is, no we don't want to entertain this idea. De Weerd: Okay if Council would like to just to give staff direction to move forward and talk further with the applicant on providing water service to those six lots and dry line service. Nary: Do you want a motion Tammy? Bird: Do you need a motion Tammy? De Weerd: I don't think we need a motion I think we can just ask staff to work with the applicant and bring something back that we can make a motion on. Watson: Okay I understand that direction. De Weerd: Is Council in agreement with that. Nary: Sounds like unanimous consent. De Weerd: There without a motion. Meridian City Pre-Council Meeting May 13, 2003 Page 6 of 6 Jewett: Thank you. . . De Weerd: You bet, thank you. Okay I will entertain a motion to adjourn the Pre- Council agenda. Bird: So moved. Nary: Second. De Weerd: All those in favor say aye. Meeting adjourned at 5:47. MEETING ADJOURNED AT 5:47 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR / / DATE ATTESTED: WILLIAM G. BERG, JR., CITY CLERK August 29, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Pre-Council Meeting September 2, 2003 ITEM NO. 4 REQUEST Update / Discussion on Application Fees for Silverstone Project: AGENCY COMMENTS CITY CLERK: See Previous Item Packet I City Council Minutes 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo -y ~1v6t ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shail become property of the City of Meridian. MEMORANDUM TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL :MEMBERS ANNA BORCHERS POWELL, AICP PLANNING DIRECI'OR AUGUST 28, 2003 SILVERSTONE PLANNED DEVELOP:MENT FEES RECEIVED AUG 2 8 2003 City Of Meridian City Clerk Office You asked me take a look at our fee structure to determine if it needed to be amended. If one just logically considers the fee structure, it would appear that the "$.02 per square foot charge" associated with planned developments is not reasonable. A planned development with a lot of building area is not necessarily more difficult to process. I would propose, instead, that the fee would increase in relationship to the acreage of the property (similar to fee structure for a rezone and/or annexation). I suggest the following changes: Conceptual PD: $480.00 + $1.00/residential unit + $15/acrecommercial and/or industWl areas Detailed PD: see standard conditional use fees With regard to the base fees that we charge, I did some quick analyses of the number of files we take in and the fees we collect. The ftrst analysis shows the fees we have collected to date for our applications in 2003. (I removed fmal plats, time extensions, variances, and certificates of zoning compliance.) The average fee collected is $1,959. Please note that the fees for a single project are generally combined, i.e., the fees for a project that involves an annexation/ rezone, preliminary plat, and planned development are collected as a single line-item in the accounting records. This trulkes it difficult to do a detailed analysis, but I did take a stab at it, as shown on the second analysis. The second analysis shows the number of applications we have taken in this year. The 'weighted factor" is just a quick reflection of how difficult various types of ftles tend to be. For example, a generic preliminary plat takes roughly twice the effort as a generic variance permit. I then ftgured out what the average fee per application would need to be to cover personnel, operating. and capital outlay costs. (The strategic plans calls for 25% of ow: time to be devoted to long-range planning, so I subtracted this amount from the total costs.) Our target fee per planned development application would be $2,638. I ran a similar analysis with just the personnel costs. The target fee in that situation would be $1,557. CITY OF :MERIDIAN PLANNING AND ZONING DEPART:MENT 660 E. WATERTOWER ROAD :MERIDIAN, ID 83642 PLANNING & ZONING APPLICATIONS - JANUARY 1, 2003 THRU AUGUST 15, 2003 All Costs Application Type RZ AZ PP PFP VAC CUP VAR FP MI Signs AUP Total Number Weighting Weighted This Year Factor Number 10 2 22 2 25 2 3 2 5 1 42 2 17 1 46 1 8 0.5 49 0.5 9 0.25 Total Costs Partial Year (8/15/03) Less 25% long range Divided by weight Personnel Application Type RZ AZ PP PFP VAC CUP VAR FP MI Signs AUP Total Number Weighting Weighted This Year Factor Number 10 2 22 2 25 2 3 2 5 1 42 2 17 1 46 1 8 0,5 49 0,5 9 0,25 Personnel Costs Partial Year (8/15/03) Less 25% long range Divided by weight Target Average Fee 20 44 50 6 5 84 17 46 4 25 2 303 751545 1 532344 399258 1319 2638 2638 2638 2638 1319 2638 1319 1319 659 659 330 Target Average Fee 20 44 50 6 5 84 17 46 4 25 2 303 443664 1 314262 235697 779 1557 1557 1557 1557 779 1557 779 779 389 389 195 PLANNING & ZONING FEES PAID. OCTOBER 1, 2002 THRU AUGUST 18,2003 37603 1465 PARAMOUNT LLCiANNEx/PD/PRE PLAT/CONCEPT 37602 1462 HILLVIEW DEVlAZ-PP APP-CUP/PD APP-CONCEP APPROVAL 37637 1014 MEADOWLAKE VILUTOUCHMARK-HUMMEL ARCH 318 RES UNITS 37817 2788 PACKARD EST/RED FEATHER ESTATES 1 AZ 37645 1022 PRIMELAND DEV VERONA SUB 1 AZ 37753 1212 KEVIN HOWELL CONST/KELLY CK SUB/1 ANNEX 37726 1169 HILLVIEW DEVITRAILWAY PARK SUB PREPLAT 37811 2780 HUMMEL ARCHITECTSITOUCHMARK MEDICAL 1 CPO 37762 1230 TUSCANY VILLAGE SUBITUSCANY DEV -1 A&Z 37694 1093 CCI GROUP/COURTYARDS ATTEN MILEf1 ANNEX 37540 1395 ANZ Cedar Springs North 82acres by JUB Engineers 37664 1047 FAIRVIEW LAKES-TAMURA & ASSOC 1 CPO 37771 1237 WILDWOOD DEV/MAYFAIR COMMONS 1 ANNEX 37546 1399 ANZ Locust Grove Place 11 acres by LC Development 37785 2754 HARRIS HOMES/HIGHGATE SUB 1 PP 37575 1428 AZR CRESTUNE DEVELOP FOR CASTLE BROOK 39 ACRES 37603 1467 PINNACLE ENG CUPfCOMP PLAN CALLISTER DEVEL 37566 1415 ANZ-Watersong Estates by Howell-Murdoch 37726 1170 CUTTING EDGE/BLOOMING MEADOWS EST SUB-62 UNITS 37782 1246 C5 DEV-WARDLE & ASSOC/STAPLETON SUB/1 ANNEX 37839 2808 JLJ ENTERPRISES/SODA SPRINGS SUB 1 PREPLAT 37694 1095 CENTENNIAL DEVEUBIRCHSTONE CREEK 98 LOTS 37685 1075 HAWKINS CHERRY CROSSING 1 CPO 37785 2755 QUASAR DEV/SAGELAND SUB 1 ANNEX 37575 1427 AZR CREST LINE DEVELOPMENT FOR SILVER LEAF APPLICATION 37756 1217 SUNDANCE INVEST/SILVERSTONE BUS CAMPUS/AZ 37848 2815 TUSCANY DEVlGLACIER SPRINGS SUB 1 ANNEX 37634 1002 0 WOOOITIMBERFALLS SUB AZ 14 ACRES-PP 56 LOTS 37848 2814 PINNACLE ENG/CHERRY LANE OFFICE PARK SUB 1 CPO 37701 1103-1132 03/21103 P&Z RECEIPTS #1126 WILLIAM AND SHERRI CALHOUN 37603 1464 CENTENNIAL DEV, LLC ANNEx/PREPLAT/MISC 37690 1081 BEAR CREEK/BRIGGS ENGINEERING 1 ANNEXATION 37699 1107 FAR WEST-LOSCHSA SUB #4f 50 LOTS 37785 2757 BRS ARCHITECTS/KISSLER -1 ANNEX 37575 1429 PO PINNACLE ENG FOR SCOTTSDALE SUB19 UNITS 37705 1135 RK DEV-PINTAIL DVLP/CLEARBROOK SUB 1 PRE PLAT 37817 2791 WOODSIDE PROPERTIES/WOODSIDE CK 1 AZ 37531 1378 HOWELL-MURDOCH - FINAL PLAT CEDAR SPRINGS #2 37603 1463 KENT & NANCY BLEAK/BLEAK SUB/PFP-AZ 37785 2758 SIX POINT DEV/PARWAY SUB -1 ANNEX 37728 1174 STEED CONST/ADD'L FEES FOR PLANNED DEVELOPMENT 37805 2774 WARDLE&ASSOC/OFFICE JET SUB 1 A&Z 37575 1426 AUP VARIANCE MERIDIAN BUS FACILITY 37662 1041 VAN HEES PROPERTIES CPO 37756 1218 SUNDANCE INVEST/SILVERSTONE BUS CAMPUS-1 PRE PLAT 37638 1016 HAVASU CK SUB/FARWEST- 61 LOTS 37785 2759 BEAR CREEK/BEAR CRK #8 -1 PP 37750 1209 KISSLER ANNEX/BRS ARCHITECTS 1 ANNEXATION -$23,868 -$14,145 -$12,716 -$9,488 -$8,068 -$6,397 -$5,372 -$5,298 -$4,647 -$4,588 -$4,273 -$4,067 -$3,906 -$3,285 -$3,035 -$2,928 -$2,831 -$2,743 -$2,703 -$2,677 -$2,625 -$2,558 -$2,541 -$2,200 -$2,143 -$1,668 -$1,613 -$1,528 -$1 ,498 -$1,376 -$1,133 -$1,133 -$1,130 -$1,113 -$1,107 -$1,030 -$1,018 -$1,005 -$1,003e-$1,003 -$993 -$978 -$958 -$911 -$800 -$775 -$750 -$738 37636 37592 37651 37575 37638 37750 37609 37817 37676 37564 37643 37692 37603 37636 37532 37613 37608 37722 37593 37722 37827 37700 37848 37817 37714 37636 37771 37810 37692 37740 37544 37636 37760 37741 37817 37754 37676 37585 37551 37666 37692 37694 37721 37740 37749 37784 1009 SHARON O'TOOLE/1 RZ.35 ACRES/1 CUP 1446 L YSTRUP/JENSEN ARCHITECTS (CPO 1) LOS SEMINARY-LOC GRV&OVERL 1030 PARAMOUNT/ LOS STAKE CENTER-PARAMOUNT SUB SF NON RESIDENT 1430 AZR CENTRAL VALLEY BAPTIST CHURCH 1017 AUTUM FAIRE, FINAL PLAT 59 LOTS TRICIA'S SUB #4 1210 COBBS ANNEX/BRS ARCHITECTS -1 ANNEXATION 1477 LAND GROUP/MALLANE COMM COMPLEX REZONE APP 2789 GREENSTAR FOODS/CARL'S JR 1 CPO 1064 CHRIST LUTHERAN CHURCH 1406 W CHERRY LANE 4 ACRES 1411 CU P Albertsons Credit Union 1019 MISHERS FARM SUB/DOUG CAMPBELL34 LOTS 1083 CARL'S JR-GREENSTAR FOODS/1 CPO 1466 KANTI PATEL COMFORT SUITES AZ 1010 MARK BOTTLES RE SERV/1 ANNEX 1.37 ACRES 1380 JONATHAN WARDLE - ZONING AMENDMENT 1479 PINNACLE ENGINEERS/WOLFE COMMERCIAL ZONING AMEND 1475 MKH DEVELOPMENT, HOLLISTER PROPERTIES 1 PRE PLAT 1162 BEAR CREEK LLC/BEAR CRK #71 PREPLAT 1448 BENTLEY APTSITAMURA & ASSOCIA TES RZ 1163 H JOHN COOK/SCROEDER 4 PLEX ANNEXATION 2794 BRS ARCHITECTS/DEALY PARCEL KISSLER 1 AZ 1118 DEVON PARK#2/FAIRVIEW LAKES TAMURA & ASSOC PP 2813 0 MARCUM/RIGGS-MARCUM CUP 2787 PROPERTIES WEST/STOKESBERRY SUB#21 PP 1149 BALDWIN PARK/CAPITAL DEV- 26 LOTS 1008 LEATHAM,KROHN,VANOCKER 1 CUP/12.24 ACRES 1236 SO SPRINGS-THE LAND GROUP 1 PP 2776 PINNACLE ENG INCIVAN AUKER-PACK IT UP SUB 1 L ADJ 1087 ST LUKES/S LANDSCAPE ARCH/1CUP 1192 PINNACLE ENG/SCOTTSDALE VILLAS 1 FS PLAT 1398 PP - Gemstone Center Sub#4 8 lots by TWright 1013 ROCKY MTN DEVEUST ALS TEMP FACILITY 1 CUP 2586 R COLE/NEW HORIZON CHILD CARE - CPO BAL DUE 1195 HAVASU CK LLC/HAVASU CK 1,2,3-VACATION 2790 FR OF CHILDREN-FAMILIES/MERIDIAN HEAD START 1 VAC 1213 OAKWOOD ENT/LYNWOOD PLAZM PRE PLAT 1065 CHRIST LUTHERAN CHURCH 1 CUP 1441 FINAL PLAT/PINNACLE ENGINEERS-BOISE RIVER BLDRS 1406 CUP under crossing 2.2acres - Stubblefield 1052 GL VOIGT DEVlRESOLUTION BUSINESS PARK 1 CUP - 2.6 ACRES 1090 WASHINGTON TRUST BANK/1 CUP 1094 RENEE COLE/1 CUP 1158 DL EVANS BANK 1 CUP 1194 SEEGMILLER DENTAU1 CUP 1202 IDAHO BANKING CO/ID BANKING -1 CUP APPLICATION 1250 PETRA/KARATE FOR KIDS 1 CUP .$711 -$672 -$632 -$603 -$590 -$588 -$558 -$530 -$528 -$518 -$505 -$503 -$498 -$483 -$480 -$480 -$470 -$470 -$468 -$468 -$468 -$460 -$453 -$440 -$425 -$423 -$400 -$390 -$378 -$375 -$370 -$363 -$356 -$350 -$350 -$340 -$303 -$295 -$273 -$273 -$258 -$258 -$258 -$258 -$258 -$258 Meridian City Council Meeting August 12, 2003 Page 5 of 72 Corrie: Okay. Questions from Council? All right. Thank you, Brad. Any comments there? If not, I will entertain a motion, if you so desire, for the agreement of the $70,000 per our request. Is that what it was, Brad? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the purchase of the land for the well, water well, for the amount of the $70,000 from Silverstone Development. Nary: Second. Corrie: Okay. Motion has been made and seconded to agree to the $70,000 price for Well Number 23 Lot. Any further discussion? Hearing none, all in favor say aye. All ayes. Motion carried. Mr. Attorney, would you make sure we have got that -- okay. Thank you. MOTION CARRIED: ALL AYES B. Planning and Zoning Department: 1. Request for Waiver I Reduction of Fees for Silverstone Business Campus PUD Application: Corrie: Next is the Planning and Zoning Department, request for a waiver of reduction of fees for Silverstone Business Campus PUD application. Anna. PowelL Mr. Mayor, Members of the Council, the applicant has requested a waiver of fees and the Zoning Ordinance does give the City Council the authority to do that. Their fees for the planned unit development would be approximately $40,000. I believe that the last time they came through they paid - they have indicated that they paid -- they based the fee on their largest building, which was 60,000 square feet. They are asking to again do that, which would give fees of $3,932.85. Corrie: Thank you. Discussion? Questions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Anna, what is the department -- what do you guys - do you have any problems with reducing the fees or -- Powell: Mr. Mayor, Council Member Bird, it seems hard to justify a fee of $40,000, but that's certainly the case. It seems a reasonable methodology. We don't have a real Meridian city Council Meeting August 12, 2003 Page 6 of 72 good way of evaluating whether or not it's sufficient or not. It would seem to be -- that's about the best information-I can provide. Bird: $37,000 increase. Powell: I indicated that they wouldn't mind having that extra money to distribute amongst themselves, but we felt that that wasn't appropriate. Corrie: Is there any comment? De Weerd: That was recorded. Powell: I did follow it up with they didn't feel it was appropriate. Corrie: That wasn't bonuses or anything like that. No. No. No. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess the one part I have is that to have a difference of $36,000 tells me that we have to reevaluate how are fee structure is. Powell: Yes, sir. I would agree. Nary: Do you think the 4,000 covers our cost-- Powell: I would agree and -- and, as I said, I don't have - we are not sure the methodology used to create the fee structure. Probably it was done not anticipating the huge projects that we have got, so it's very difficult to come up with' a fee schedule that adequately reflects the difference between a very small project, a medium size project, and an extremely large project, such as some of the ones we have been seeing. I will put that on my list of items. Nary: The list is pretty long. Powell: And I'm hoping you're going to help me with the priority -- prioritizing that list. Nary: Now -- but just so I'm clear, if I understand Mr. Larsen's letter, he's saying the basis of this is the same method we used previously. We are not changing anything that we didn't previously grant to them for this type of development, is that right? Powell: Well, I'm -- and I'm -- I'm not quite sure. I believe that the other one came in under a different fee structure and perhaps they only paid the one for the Preliminary Plat and it may have been structured on that. I'm not sure that the fees were actually waived last time. I don't believe you waived the fees, anyway. Perhaps Mr. Larsen or Mr. Anderson can give a better idea. Last time they came in with several other Meridian City Council Meeting August 12, 2003 Page 7 of 72 applications, this time it's following up, and it is kind of playing tag with the Preliminary Plat. Corrie: Give your name and address, please. Larsen: Mr. Mayor, Members of the Council, my name is Cornell Larsen. Address is 210 Murray Street in Garden City. Previously on the previous Silverstone Corporate Center, what we did is we submitted a conditional use application for two specific buildings. I believe the fees were based on those two buildings. In this case, we did not have buildings put together to submit, so we were trying to figure out what was reasonable and fair and said, well, we picked the largest building we had shown on the Site Plan, that that was where we would start. It probably won't be the building we will start with, but it was a reasonable place for us to start and we are open for suggestions. We thought that the $40,000 number was a little bit high for the process. Corrie: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess -- and maybe this is for Mr. Larsen or Mrs. Powell. I mean we have another corporate center that wants the building across the street. Have we had application that we need to reassess whether or not -- whether we have done the same thing or whether or not we have to do the same thing? I guess I just don't want to get into this thing where we have to revisit this. The intent of these fees is to cover the cost of review and so I just wanted to make sure we are covering our costs and that I certainly think Silverstone can pay for the cost that it takes and maybe $40,000 is a little much, but does across the street have the same issue? Powell: My understanding is that that was not an issue at the time that the application was accepted. They have already gotten their PUD approval, I believe. Yes. Nary: And did they pay fees under the same structure that now Silverstone would like relief from? Powell: I don't believe they did. Nary: Did we change the fee? Powell: Well, the fee schedule did change a bit and it did -- the code currently says that if you turn in combined applications, that you only pay the fee for the one. I think that that's how some of these were -- just the Preliminary Plat fee was charged, instead of the PUD fee, where they didn't specifically know how big the buildings were going to be in particular. A lot of them show the layouts and the square footage of the building pads, but they don't have the buildings themselves identified. Meridian City Council Meeting August 12, 2003 Page 8 of 72 Nary: So, that makes it sound like to me this is different than what you asked for previously. You were able to combine them differently, that's something you did across the street at EI Dorado, so why should we do this differently? That's what I guess I -- that's what it sounds like to me. Am 1 mistaken? Larsen: Mr. Mayor, Councilman Nary, across the street they did the same thing on the EI Dorado project as they did on the Silverstone Corporate Center, the first corporate center project that we brought. Nary: So, why can't you do this piece like you did your first piece? Because it sounds to me like you're asking to do something differently. Larsen: We did not submit all the applications together. We submitted a plat and an annexation Rezone request separate from in the PUD. When we met with staff we looked at the uses that were being asked for and they decided that it would be in the best of everybody to go ahead with the PUD, so we have filed a PUD application as well. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I can understand the point that Councilman Nary is making, because itls not these two business parks, but we have other ones that are kind of starting to come on line or in the planning process. We also have the family center at Crossroads and how it was done there. I would echo his concern that whatever we do here - and I think it sounds unreasonable, but we want to make sure that itls consistent and itls what has been asked of others. It's something we feel comfortable to continue to ask and so I don't - I don't know. I think we can all agree that it seems high, but I would like to see some thought on what it should be, so - and that's pretty much going to be what we do from here on out. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just it appears to me, from what you have been saying, the reason that it's high is because of the method that you choose to present it. The reason it wasn't as high at the last one was because of the way you grouped the buildings and grouped the process together to not have to pay such a high fee and in this one, for whatever reason, you have chosen to do it differently than that. I guess 11m concerned that the fee -- the fee is being partly driven by the methodology you choose to develop. I'm not really that -- 1 guess for me personally I'm not that interested in providing that relief. That's your choice on how you develop your property. You, obviously -- there is a method or ways that it can be done differently to save the expense. What 11m afraid is that we are going to be involved in granting waivers of this type all the time, like we have been working on in Planning and Zoning in other use issues, that it becomes the Meridian City Council Meeting August 12, 2003 Page 9 of 72 exception that swallows up the rule. We never have anybody paying what we think the fee should be, everybody pays fee they think they want to pay, and as you drive on how it comes forward and how the fee gets determined, we may need to look at our fee structure, but it appears to me that -- I guess I'm not real supportive of a waiver. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think that with the fees, regardless of whether you put in 10 homes or 10 buildings or one building, your fee structure should still be the same. If you paid three or 4,000 last time, our fees haven't jumped $40,000, unless you're going to put that many -- unless you applied for that many buildings at this time, which I don't think you did. We have got to be consistent, like Councilwoman de Weerd said, we have got, -- you know, we have got these two big commercial developments and we have got other coming on line. We have got to be consistent, whether you apply for four buildings or one building, it should - it should, per square foot, the fee should be the same. I mean it - and we need to make sure that we get our costs out of these. We have got to get our costs of them and that should be a priority of Planning and Zoning to sit down and get their fees up to date, if they need to get them up to date, and get that taken care of. I just -- I just don't see how we can be charging one development something and the other one something else. I just -- per square foot, it should be the same. Powell: Mr. Mayor? Corrie: Anna. Powell: To respond to Council Member Nary's statement, I'm not sure that it's changing methodology on the application's part, as perhaps a change in methodology in interpreting the -- how the fee should be collected. I want to support the applicant a little bit in saying that I think there is a - there has been some inconsistencies in my staff and we will work to get that hammered out as far as how that's interpreted. The fee structure is not terribly clear. We will work on that and I will work with the finance director and the clerk's office to try and come up with some better methodologies on calculating those fees. Corrie: We better have a better template than so far. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Then, it might be helpful to have that information before we can really make a decision on this request, because I feel that we don't have any information to base a decision on. Meridian City Council Meeting August 12, 2003 Page 10 of 72 Powell: Mr. Mayor, Council member de Weerd. I think that would be acceptable. We would ask permission to go ahead, accept the Planned Development application, and begin processing it, so it can catch up with the Preliminary Plat and, then, hold off on collecting the fees until we can come up with a suitable methodology. Corrie: Does that sound reasonable? Larsen: That's great. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Does that mean that if we don't agree on waiving that fee, then, you're going to pay $40,000? Is that what you're agreeing to? Larsen: I assume we will. Nary: Okay. That's fine. As long as you know that's what -- okay. Larsen: Because we need to process the PUD, so-- Bird: Yes and, then, we can - Item 6. Request for Reconsideration and Re-opening Public Hearings for Clearbrook Estates Subdivision PP 03-007 I VAR 03-012 by R.K. Development and Briggs Engineering: Corrie: Okay. Thank you. Item 6 is moved to 5 and 5 to 6. A request for consideration of reopening Public Hearings for Clearbrook Estates Subdivision development by Briggs Engineering. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess since my name is in the letter, I will just tell you that the applicant has requested reconsideration from the denial and I would be willing to make a motion to put that back as a Public Hearing. It was my understanding that the design that we received was the best we were going to get and didn't get any clear indication from the applicant that -- and we were looking - that there wasn't any other alternatives and I know we have had another request for reconsideration. That was a pretty major change. This is relatively minor. I think all the other concerns about the development were addressed, so I would be willing to put this back on the table and have it, as long as the applicant's willing to re-notice and we can look at the new plat design. Nary: Is that a motion? --JUL. 31.Z003 Z:4SFM LRR50N ~RCHITECTS NO. 373 P.2 Larson Architects., P .A, Arr;hitecture and &aJ'Estare Planning 210 Murray Street . Boise~ Idaho 83714 (208) 316-7.502. (208) 6'58.0224 July 31, 2003 R,E(jEIVED JUL 3 I 2003 Dear Mayor and City Council Members City of Meridian 33 Eldaho Ave. Meridian, Idaho 83642 City Of Meridian City Clerk Office RE: Silverstone Business Campus At this time Sundance Investment is processing several applications on the above mentioned project. This project is to the east of the existing Silverstone Corporate Center and will be in front of you for approWlls in the very near future. In reviewing the Planned Unit Development Fee Schedule we realize the fee fur these approvals would be $40,000.00. This seems excessive in light of Sundance doing such a large project and going through the approval process one time. On Silverstone Corpomte Center we paid a PUD fee based on "the first building of 60. OOOs.f As a result of the previous project fees Sundance would like the you to consider a Plan Unit . Development fee for the largest building show on the Master Plan. 'The largest building shown on the Zvfaster Plan is 69,057 square feet. The fees for this building would be $ 3,452.85 for the building square footage plus $480.00 for a total fee of$3,932.8S. We request your consideration oftrus request for a reduced fee amount on Silverstone Business Campus. Sincerely, Larson Architects, P. A. ~i~ " cc: Roger Anderson JUL 31 '03 14:48 2086580224 P~GE.02 \\i... ..c..........: ............\ i.....C.... }~< 13. c'. 14. '.: . at Ten :~ile by Do,ig:'camPbell / Tom,' Bevan /:DTE Developers - southeast corner >of North (Ten MileiRoadand West Pine Avenue: Attorney. t()iPr.epare Findif1gS~riFact :1n1d~: C~6nn:cl:LJs::.oonn~s~~ fpL~:a:w f Approva ....... .l2Z... Continue ub IC Headl1g from August 12,200~: CUP 03..020 Requestfora C}onditiOnc:HUse Permit for attached sirigle~faiTlilyresidehtial with commercial inproposed.H~15(PD) ahdG~N zonesforpmposedThe Courtyards at Ten Milftby Doug CampbelL/TOrn Bevan! DTE/ Developers~southeastGorner of North> TencMile .:Road ahdWest Piri~.. Avenue:>Attorney to. Prepare Fin ingsof Fact and GoncILisions.of. lawtAt~:P~r?y~r . PLJb'ibRea~jg~::.:TC -002 Request to transfer a Conditiona Permit from Wendellalld KathleerfLawrence tdDebi Sheridahfor achi Id care facility inari[;;OzoneforSunshirieAcademv c~c737>N6rth Linder R6ad:Attorneytb Prepare Findings of FaCt and onclusions of Law or APP~;~f.lpi, Public H~~dri~:,cUP'03..033 eques or a Condi Ion erm professional dental office inanL:':Ozoneifor. Mi Ileni urn Deihta Millen iu m DentaL750uthdf EasfOverlandRoaddHSoUthMilleniuniWa <cAttorney to Pre are Findin s Fact and ConclusiOns flaw f Approval ", Public Hearing: CUP - 5 eques ora C}onditiona erml . martial arts I self. defense establishmentJ6rchildreriiriaG'-NzoneJor Karate For KidshyP$tra, lnci;..,southeastcorner of SOuth Linder oa and We7tFr~p~linRoad: Re.;nbtic:ePubliCHearin Public iR~~~iri~: PP03-021 equest fo lminary r 40 bl.iilding....lots and 6otheflotson 13.85 acresjnanR~4zonefor>Bea Creek No~8 b~i BearCreek,LLG.,,;- north of West Vi ctory Roadandeasto South Stoadard R~~a~Co!;'Unui~~,~I\Ctl~'a~i~9;t?~~e~t~l"pii,;c9;,~O'03 i.... ..ii.... Pub I ann g:Aib3jh16'.~~~J~~tf6~~rlhJ~~tiSh~~di6riihddfikb. ..........i.i.. acres from . R~tto C}'-Gzonesfor proposeo>SilverstoneBusiHes ......i.................i.....i.........i.;~ Campus by Sundancelnvestments"::" southeast corner of EasrOverland <i. RoadandSouth EagleRoad:,Attorney to Prepare Findings of Factand .... Conclusions of La.w for A roval >> 181.~i:~~~i~~-~'~~~;ng: PR03- Reques or liminary Plat approval of i............<i ~;' buildinglots.and2otherlotson>SO.5t.acres in EiProposedC;;Gzone or < ........ proposed Silverstone Campus Subdivision bySundance Investments - '" ". ~outheast c~~er of: Easl ove~d.{~~~~ruth Ea Ie Road: !\llmaterinls presented at public meetings shalPbeeol11e pHlpcny ol"ihc City ofivleddian, Anyone desiring accoTllmodntib,l l"ordisubilities related to documcnts andiOrhdring " .... ......i.ii...\~eaScf;ntu~ttl:e;l(y0]~rk's.Oflice at8~~"tt\3J:tlcnS(48 hours prior to the publicllicctll 16. .... ..c....::.. - CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 2, 2003 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: X Tammy de Weerd k K Cherie McCandless x: j( Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: ~clVC 3. Consent Agenda: A. Approve minutes of August 19, 2003 Pre-Council Meeting: ~~ B. Approve minutes of August 26, 2003 Pre-Council Meeting: apprv(/l-<.-- C. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03~038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: ?&/fYVvJ?...- D. Development Agreement: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by HiIlview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: ~l('--L E. Sewer and Water Main Easements for Meridian School District Bus Facility: tf4.,~1fIIl..- F. Sewer and Water Main Easements for Cobre Basin Subdivision No.1: a!rpro~ G. Change Order No.1 for 2003 Sewer Cleaning - C-More Pipe: ~ H. Agreement for Professional Services for Sewer Master Plan Update - JUB Engineers: ~ vt<- I. Approve Bills: ~vJ1.- Meridian City Council Agenda - September 2, 2003 Page I of3 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 eontaet the City C!erk's Office at 888-4433 at least 48 hours priorto the publie meeting. 12. 4. Department Reports: F/Ye ~~~ ~ . L?"Y _ U4..ge.. tv~ ~/?:tl'~ ~ .e7J.!hC-t- (Items Moved from Consent Agenda) Ordinance No. tJ .s -I tl1-o AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-B(PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: ~V<.ll!..- FP 03-045 Request for Final Plat approval of 37 building lots and 1 other lot on 10.66 acres in a R-B (PD) zone for Quenzer Commons Subdivision No.4 by Brighton Development Company, LLC - west of North Locust Grove and north of East Ustick Road: 7;rrovu..- FP 03-046 Request for Final Plat approval of 31 building lots and 2 other lots on 10.49 acres in an R-B zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: afpot/'-L Continued Public Hearing from August 5, 2003: V AC 03-003 Request for a Vacation of a sewer easement on Lot 2 Block 1 of Pack It Up Subdivision by Pinnacle Engineers - north of East Overland Road approximately one-half mile west of South Eqgle Road: -&vL affOrn.efj ~J9T'e;?CI/t.!.~/F{ c/.t fi'r ~Vi Continued Public Hearing from August 12, 2003: AZ 03-009 Request for annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: ..;:/;:.{ el--e .finr~t/tt-L 4 IIz;-r A-l,1 --Ao ~p a.-t..e I I Continued Public Hearing from August 12,2003: PP 03-010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 acres in proposed R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers southeast corner of North Ten Mile Road and West Pine Avenue: ~he.!:l 1-0 fJro/'tZrt.-v rf'/r '" c/ ~ r:firr a-1'~ve:vL- Continued Public Hearing from August 12, 2003: CUP 03-020 Request for a Conditional Use Permit for attached single-family residential with commercial in proposed R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: al1P-rM.J -f,p ~~VU: F/r:-t/ c:/-I' /iH tZ---pr~ 5. 6. 7. 8. 9. 10. 11. Meridian City Council Agenda - September 2, 2003 Page 2 of 3 All materials presented at public meetings shall become propelty of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 16. 17. 18. 19. 20. 13. Public Hearing: lCU 03-002 Request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child care facility in an L-O zone for Sunshine Academv - 737 North Linder Road: t'l-rfrrrI'LeJ to fJ/I€f1CVl...e:.. ../It= <( e/~ ;;-r a-IJ3'Ptrd Public Hearing: CUP 03-033 Request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental by Millenium Dental - south of East Overland Road on South Millenium Way: tfi-rmru:J f.ppr.e-p~ -/If I c/~ :;4-r &j7p&'~ Public Hearing: 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: reh()~;O /Ii..,- Public Hearing: PP 03-021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: Cc7Yt--J)htA-l ;JIlL --j..P s:ep~ 1; 'U?P..3 14. 15. Public Hearing: AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: a-l'fortL€j tv> pref'M-e. -('If 1 c.1--< -Arv-~v-e.. Public Hearing: PP 03-018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: a-f;t7n--/Ley ~ fJre-f/lt/I..<.. #?-fc;/~ /irr- ~p-t'~ Public Hearing: VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: w~ ~ ;:rr-~~ -:Plk cf-( fby-~ Ordinance No. ?J3- / &4-1 : Annual Appropriation of 2003 I 2004 Fiscal Year Budget: ~ v..(.... Meridian Cily Council Agenda - September 2, 2003 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconullodalion for disabilities related to documents and/or hearing please contact the City Clerk's Oftice at 888-4433 alleast 48 hours prior to the public meeting. ( *>1< TX CONP. 4T I ON REPORT ** ( AS OF SEP 02 '03 22:41 PAGE. 01 CITY OF MERIDIAN 30 31 32 DATE TIME TO/FROM 09/02 22:36 3810160 09/02 22:39 PUBLIC WORKS 09/02 22:40 12084664405 CMDt:l STRTUS 185 OK 185 OK 185 OK MODE EC--S EC--S EC--S MIN/SEC PGS 01' 48" 003 01'04" 003 01' 06" 003 CITY OF MERIDIAN CJlY COUNCIL REGULAR MEETING AGENDA Tuesday, September 2, 2003 at 7;00 p.m. City Council Chambers 1. Ron.call Attendance: -L TammydeWeerd k )( Cherie McCandless -r - -L Mayor Robert Corri~ 2. Adoption of the Agenda: ~(.7v<- 3. Consent Agenda: Bill Nary Keith Bird A. Approve minutes of August 19, 2003 Pre~Council Meeting: ~~ B. Approve minutes of August 26, 2003 Pre-Council Meeting: ~~ C. Findings of Fact and Conclusions of Law to Am9nd Conditions of Approval: FP 03.038 Request to amend conditions of approval on the final plat for Packard Acr9s No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: tJZ--ffY"OvL<-- D. Development Agreement: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by Hi/Mew Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: ~ E. Sewer and Water Main Easements for Meridian School District Bus F'acility: ~vu:- F- Sewer and Water Main Easements for Cobre Basin Subdivision No.1; a? r II\.(.. G. Change Order No.1 for 2003 Sewer Cleaning - C-More Pipe: ~ H. Agreement for Professional Services for Sewer Master Plan Update - JUS Engineers: ~ (l!.<.- I. Approve Sills: ~~ Meridi",\ Cily Council Agondll- Seplember 2.2003 Poge J of 3 All ma[cri~rs pr=tt<l ut pllhlic meClinlls ~uJl b=:om~ j)lllpeny oflhe City of Mcridi~n, Anyon.: d",iring ,,,,,oll\lllodation fordi~.btli,jcs rellIleU 10 doewnenl$ andfor Ileating pJdlSe cuntJlct the ell)' Clerk'$ Offic~ at 888-4433 ut I....,t 48 hours pnOTlo lh. rubl;; meeting. ** TXi . J RMATl ON REPORT *'" AS OF SEP 02 d3:11 PAGE. 01 CITY OF MERIDIAN DATE TIME TOI'FROM MODE l'lIWSEC PG5 CMDI:! STATUS 01 091'02 22:~2 8841159 EC--S 01'05" 003 185 OK 132 eS.-'\'!2 22:43 2008840744 EC--S 131' 05" 003 185 OK 133 0SI'e2 22:45 2088467366 EC--5 01'135" 003 185 l]( 04 091'02 22:47 8985501 EC--S 01'04" 003 185 OK 135 1391'02 22:48 LIBRARY EC--S 01'25" 003 185 OK 06 091'02 22: 513 92003776449 EC--5 01'04" 003 185 OK 07 e9.-'\'!2 22:52 208 388 6924 EC--S 01'24" 003 185 OK 00 09/02 22:S4 2000886854 EC--S 131'04" 003 185 OK 139 091'02 22: 55 200 895 03913 EC--S 01'04" 003 185 OK 10 09/02 22: 57 200 387 6393 EC--S 01' 05" 003 185 OK 11 1391'02 22:58 ImA CTY DEVELMT (;3--5 01'48" 003 185 OK 12 139/02 23: 01 200-888-5052 EC--S 01'134" 0133 185 OK 13 1391'02 23:02 CHERRY LANE EC--S 131'25" 003 185 OK 14 09/02 23:13<1 POST OFFICE EC--S 131'48" 003 185 OK 15 091'132 23:137 IDAHO ATHLETIC C EC-5 131'13<1" 003 185 OK 16 139/132 23:09 ID PRESS TRIBUNE EC--5 01'134" 003 185 OK 17 09/0223:10208 888 671313 EC--S 131'05" 003 185 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 2. 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd -L Bill Nary ..L.. Cherie McCandless -L Keith Bird ---K..- Mayor Robert Corrie 2. Adoption of the Agenda: ~cvc. 3. Consent Agenda: A. Approve minutes of August 19. 2003 Pre-Council Meeting: ~~ B. Approve minutes of August 26, 2003 Pre-Council Meeting: ~v-<---- C. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03-038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East UsUck Road: wfPlM....-- D. Development Agreement: AZ G3-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park SubdivIsion by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: ~ E. Sewer and Water Main Easements for Meridian School District Bus Facility: ~/f\R- F. Sewer and Water Main Easements for Cobre Basin SUbdivision No.1: tt-fPwr... G. Change Order No.1 for 2003 Sewer Cleaning - C-More Pipe: ~ H. Agreement for Professional Services for Sewer Master Plan Update - JUa Engineers: ~~ I. Approve Bills: ~v-L-- Mcri~i.n Cify CvunciJ A~mrlo - S'!>remb.t2.l003 Pogo I 00 All ",",.ri,1$ pmt:rrtoxlUI pubH. moclinv IbuJI b""nll>. f''''jIOlly of Ill. Cil'f of MCJi4iM. Anyone dairi'n.c :aeeo1'l'U1l0d:abon rcrd:i~bHitjcs iI'dlaled (0 UIXUIllcnts.,andJQr he::aring please .onbct theC;l'f elm', omcc0l8!S-4433 ot 1....148 holllS plio, Iv lhe [lIlbt;. IlIffiing. ** COMMUNICATIONS REPORT ** AS OF SEP 03 '03 05:00 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES. TOTAL TI ME SEND 0051 SEND 00020'43" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MItVSEC PGS CMDJ:I STATUS 01 09/02 22:42 8841159 EC--S 01'05" 003 185 OK 02 09/02 22:43 2088840744 EC--S 01'05" 003 185 OK 03 09/02 22:45 2088467366 EC--S 01'05" 003 185 OK 04 09/02 22:47 8985501 EC--S 01'04" 003 185 OK 05 09/02 22:48 LIBRARY EC--S 01'25" 003 185 Ok 06 09/02 22:50 92083776449 EC--S 01'04" 003 185 OK 07 09/02 22:52 208 388 6924 EC--S 01' 24" 003 185 OK 08 09/02 22:54 2088886854 EC--S 01'04" 003 185 OK 09 09/02 22:55 208 895 0390 EC--S 01'04" 003 185 OK 10 09/02 22:57 208 387 6393 EC--S 01'05" 003 185 OK 11 09/02 22:58 ADA CTY DEIJELMT G3--S 01' 481' 003 185 OK 12 09/02 23:01 208-888-5052 EC--S 01'04" 003 185 OK 13 09/02 23:02 CHERRY LANE EC--S 01'25" 003 185 OK 14 09/02 23:04 POST OFFICE EC--S 01'48" 003 185 OK 15 09/02 23:07 IDAHO ATHLETIC C EC--S 01'04" 003 185 Ok 16 09/02 23:09 ID PRESS TRIBUNE EC--S 01'04" 003 185 OK 17 09/02 23:10 208 888 6700 EC--S 01'05" 003 185 OK 1> ltccge... ?os-t ~ V\A-lr.1Ltc rto-kee..,'- TlttM1 ~ ! , CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 2, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3, Consent Agenda: A. Approve minutes of August 19, 2003 Pre-Council Meeting: B, Approve minutes of August 26, 2003 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03-038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: D. Development Agreement: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: E. Sewer and Water Main Easements for Meridian School District Bus Facility: F. Sewer and Water Main Easements for Cobre Basin Subdivision No.1: G. Change Order No, 1 for 2003 Sewer Cleaning - C-More Pipe: H. Agreement for Professional Services for Sewer Master Plan Update - JUB Engineers: I. Approve Bills: Meridian City Council Agenda - September 2,2003 Page I of3 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. 4. Department Reports: 5. (Items Moved from Consent Agenda) 6. Ordinance No. AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: 7. FP 03-045 Request for Final Plat approval of 37 building lots and 1 other lot on 10.66 acres in a R-8 (PO) zone for Quenzer Commons Subdivision NO.4 by Brighton Development Company, LLC - west of North Locust Grove and north of East Ustick Road: 8. FP 03-046 Request for Final Plat approval of 31 building lots and 2 other lots on 10.49 acres in an R-8 zone for Bear Creek No.6 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: 9. Continued Public Hearing from August 5, 2003: V AC 03-003 Request for a Vacation of a sewer easement on Lot 2 Block 1 of Pack It Up Subdivision by Pinnacle Engineers - north of East Overland Road approximately one-half mile west of South Eagle Road: 10. Continued Public Hearing from August 12, 2003: AZ 03-009 Request for annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers - southeast comer of North Ten Mile Road and West Pine Avenue: 11. Continued Public Hearing from August 12, 2003: PP 03-010 Request for Preliminary Plat approval of 31 building lots and 5 other lots on 11 acres in proposed R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: 12. Continued Public Hearing from August 12, 2003: CUP 03-020 Request for a Conditional Use Permit for attached single-family residential with commercial in proposed R-15(PD) and C-N zones for proposed The Courtyards at Ten Mile by Doug Campbell I Tom Bevan I DTE Developers - southeast corner of North Ten Mile Road and West Pine Avenue: Meridian City Council Agenda - September 2, 2003 Page 2 oD All materials presented at public meetings shall become property 0 f 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. Public Hearing: leU 03-002 Request to transfer a Conditional Use Permit from Wendell and Kathleen Lawrence to Debi Sheridan for a child care facility in an L-O zone for Sunshine Academy - 737 North Linder Road: 14. Public Hearing: CUP 03-033 Request for a Conditional Use Permit for a professional dental office in an L-O zone for Millenium Dental by MilIenium Dental - south of East Overland Road on South MilIenium Way: 15. Public Hearing: 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: 16. Public Hearing: PP 03-021 Request for Preliminary Plat approval of 40 building lots and 6 other lots on 13.85 acres in an R-4 zone for Bear Creek No.8 by Bear Creek, LLC - north of West Victory Road and east of South Stoddard Road: 17. Public Hearing: AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to C-G zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: 18. Public Hearing: PP 03-018 Request for Preliminary Plat approval of 49 building lots and 2 other lots on 80.51 acres in a proposed C-G zone for proposed Silverstone Campus Subdivision by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: 19. Public Hearing: VAR 03-016 Request for a Variance to maximum block length requirements for proposed Silverstone Business Center by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: 20. Ordinance No. /2004 Fiscal Year Budget: Annual Appropriation of 2003 Meridian City Council Agenda - September 2,2003 Page 3 of3 All materials presented at public meetings shall b-ecome property 0 f the City 0 f Meridian. Anyone desiring accollunodation 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. ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0063 RECEIVE 0002 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 08/29 12:49 208 388 6924 08/29 12:51 2088886854 08/29 12:51 12084674538 08/29 12:52 208 895 0390 08/29 12:53 208 387 6393 08/29 12:54 ADA CTY DEVELMT 08/29 12:56 208-888-5052 08/29 12:57 CHERRY LANE 08/29 12:58 POST OFFICE 08/29 12:59 IDAHO ATHLETIC C 08/29 13:00 ID PRESS TRIBUNE 08/29 13:01 208 888 6700 08/29 13:04 92083776449 08/29 13:09 3448677 08/29 13:12 Laurel 08/29 13:23 2083233966 08/29 14:43 3810160 08/29 14:45 PUBLIC WORKS 08/29 14:47 12084664405 08/29 14:48 8841159 08/29 14:50 2088840744 08/29 14:52 2088467366 08/29 14:53 8985501 08/29 14:55 LIBRARY 08/29 14:56 92083776449 08/29 14:58 208 388 6924 08/29 15:00 2088886854 08/29 15:01 12084674538 08/29 15:02 208 895 0390 08/29 15:04 Laurel 08/29 15:06 208 387 6393 08/29 15:07 ADA CTY DEVEU1T AS OF AUG 29 '03 15:09 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--R EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S TOTAL TIME CITY OF MERIDIAN SEND 00024' 10" RECEIVE 00000'51" MIN/SEC PGS 00'27" 001 00' 23" 001 00'24" 001 00'23" 001 00'24" 001 00' 40" 001 00'24" 001 00'28" 001 00'33" 001 00' 24" 001 00'23" 001 08'23" 001 00'23" 081 00'23" 001 00' 25" 001 00'51" 002 01'40" 003 00'59" 003 01' 00" 003 00' 59" 1303 00' 58" 003 01'00" 003 00' 58" 003 01'17" 003 00'58" 003 01'15" 003 00' 58" 003 00' 58" 003 00'59" 003 01'00" 003 00' 59" 003 01'45" 003 CMDl:t 154 154 154 154 154 154 154 154 154 154 154 154 154 158 154 161 162 162 162 162 162 162 162 162 162 162 162 162 162 162 162 162 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK / ( ** TX IRMATION REPORT ** AS OF AUG 29 'k;. .<5'09 PAGE.lill CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 17 08/29-14:43 3810160 EC--S 01'40" 003 162 OK 18 08/29 14:45 PUBLIC WORKS EC--S 00'59" 003 162 OK 19 08/29 14'47 120646644~5 EC--S 01'013" 003 162 OK 20 08/29 14:48 8841159 EC--5 00'59" 003 162 OK 21 08/29 14:51'l 2088841374.:1 EC--S 00'58" 003 162 OK 22 08/29 14'52 208S467366 EC--S I'll'130" 003 162 OK 23 08/29 14:53 8985501 EC--S 00'58" 003 162 OK 24 08/29 1<1:55 LIBRARY EC--S 01'17" 003 162 OK 25 08/29 14:56 92003776449 EC--S 130'58" 003 162 OK 26 08/29 14:58 2138 388 6924 EC--S 01'15" 003 162 OK 27 06129 15:00 2088886854 EC--S el'l'58" 003 162 OK 28 08/29 15:131 12004674538 EC--S 013'58" 003 162 OK 29 00/29 15H~2 208 895 13390 EC--S 013'59" 131213 162 OK 30 08/29 15: 04 Laur'e I EC--S 01'00" 003 162 OK 31 08/29 15:06 20S 387 6393 EC--S 00'59" 003 162 OK 32 08/29 151\ll7 ADA CTY DEVELMT 63--S 01'45" 003 162 OK -------------------------------------------------------~------------------------------------ VWe... ?O~-t -fW 'PlAbUc Yto-kCt.,- T~o.M\!s! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 2, 2003 at 7:00 p.m, City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird - _ Mayor Robert Corrie- 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of August 19, 2003 Pre-Council Meeting: B. Approve minutes of August 26, 2003 Pre-Council Meeting; C. Findings of Fact and Conclusions of Law to Amand Conditions of Approval: FP 03-038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: D. Development Agreement: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8{PD) zones for proposed Trailway Park Subdivision by HilIview Development Corporation - east of North Meridian Road and south of East Blue Heron lane: E. Sewer and Water Main Easements for Meridian School District Bus Facility: F. Sewer and Water Main Easements for Cobre Basin Subdivision No.1: G. Change Order No.1 for 2003 Sewer Cleaning - CAMore Pipe: H. Agreement for Professional Services for Sewer Master Plan Updale - JUB Engineers: I. Approve Bills: Mo:ridion Cily C<llUl<iI Agendo. - SOp!<moo 2, 2003 Pagel un Allm'''ai.ls Pl=l<<.l.t puhlio "\C\.~U>t< sboll b",omc P~P<11Y oflhc Cil}'ofMoridian A111"""d>:>inng o<eoll\DlodlltioD fordistbiUtiO$ldatd 10 do<:umoJ1/S ..dlor hearing p!oeso COI'llAO< lb. City Cl"k'. Oftic. of 8S~.4<CH.t 1_ 4$ t>ollll prior to tllepUQUO mettinS. ", ** TX CONF ,,~T ION REPORT ** ( AS OF AUG29'1131S=19 PAGE. 01 CITY OF MERIDIAN DFlTE TIME TO/FROM MODE MIWSEC PGS CMDU STATUS 01 08/29 15:09 208-888-51352 EC--S 013'59" 003 162 OK 02 08/29 15: 11 CHERRY LANE EC--S 01'16" 003 162 OK 03 08/29 15:13 POST OFFICE EC--S 01'38" 003 162 OK 04 08/29 15: 1S IDAHO ATHLETIC C EC--S 00'S9" 003 162 OK 05 08/29 15:17 lD PRESS TRIBUNE EC--S 00'59" 003 162 OK 06 08/29 15=18 208 88B 6700 EC--S 00'58" 003 162 OJ< _______________ ---------------------------------------------------------------------------- '?le..ct3e.. ?OS-t j;y V~UC n.o-kCeJ'- Tkat>1~S! CITY OF MERIDIAN CllY COUNCIL REGULAR MEETING AGENDA Tuesday, September 2, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of August 19, 2003 Pre-Council Meeting: B. Approve minutes of August 26, 2003 Pre-Council Meeting: C. Findings of Fact and Conclusions of law to Amend Conditions of Approval: FP 03~038 Request to amend conditions of approval on the final plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: D. Development Agreement: AZ 03~010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: E. Sewer and Water Main Easements for Meridian School District Bus Facility: F. Sewer and Water Main Easements for Cobre Basin Subdivision No.1: G. Change Order No.1 for 2003 Sewer Cleaning - C-More Pipe: H. Agreement for Professional Services for Sewer Master Plan Update - JUS Engineers: L Approve Bills: Mcridisn CilY CollIlCil Agenda. - SeJltCtnber 2,2003 Pag. l un All materials pre$Cn!o:d.t jlublic me..'1iogs sholl b<<orne propeny or,hr Cil)l ofMeridi~ '-''';fane d.,.;n.llllCCOIl\DlodDtioD (or dissbiliUl!$ rdaled to doc"m~n!5 ~bllf"r hew.1! pi..,,,,, ~o.wr \he City Cl..-k'~ Oftioc aT 888-4433 .lloasr 48 holtI'> prior to Ih" publ;. meen.g. /. ,/ -. ~ ** TX CONF I R,,, I n ON REPORT ** AS OF SEP 02 m3 lm:00 PAGE.m1 CITY OF MERIDIAN DATE TIME TO/FROM 26 09/02 09:59 2138 376 61302 MODE MIN/SEC PG5 CMD~ STATUS EC--S 01' 00" 1303 178 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 2, 2003 at 7:00 p.m. City CouociJ Chambers 1. Roll-can Attendance: _ Tammy de Weerd Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of August 19, 2003 Pre~Council Meeting: B. Approve minutes of August 26, 2003 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03-038 Request to amend conditions of approval on the final plat for Packard Acras No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: D. Development Agreement: AZ 03~010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: E. Sewer and Water Main Easements for Meridian Schoof District Bus Facility: F. Sewer and Water Main Easements for Cobra Basin Subdivision No.1: G. Change Order No.1 for 2003 Sewer Cleaning - C-More Pipe: H. Agreement for Professional Services for Sewer Master Plan Update - JUS Engineers: t Approve Bms: MQidion City COll!lCil Agenda. Sepltmber 2, 2003 Pago 1 of 3 All m:llcri~1s pl'eSl:nted OIl public mcqinss woll ~come Pl'Optny of !he City ofMeridiau. Anyo~ d<:l<iring aceol1lmodation furclisabiJities ~ted \0 d~umelllS and/or hewing plouc conuel tbe City Cl...k', Office tlt 888-4433 allellSl48 houl'$ priOrlQ we puhlic mCCliJl<i:. f ~. " , ~ f'" J.U.B ~ ---- Enginm~rs Survcyon Pl...nners J-~=B ENGINEERS, l~fC. AGREEMENT FOR PROFESSIONAL SERVICES PHK 096 J.U-B Project No.: 11950 THIS AGREEMENT enfered into this _ day of September, 2003. between Citv of Meridian hereinafter referred to as the "CLIENT' and J-U-B ENGINEERS, Inc., an Idaho corporation of Boise. Idaho, hereinafter referred to as" l-U-B ", WITNESSETH: WHEREAS, fhe CLIENT intends to update 1998 Sewer Master Plan, hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and J-U-B in consideration of fheir mutual covenants herein agree in respect as sef forth below. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENTs requirements for the Project, including design objectives and conslraints, space, capacity and performance requirements. flexibllity and expandabllity, and any budgetary limitations; and furnish copies of all design and construction standards which CLIENT will require to be included in the Drawings and Specifications. The CLIENT will furnish to J-U-B, as required for performance of J-U-B 's services, data prepared by or services of others, if available, including. wilhoutlimitalion, borings, probings and subsurface explorations, hydrographic surveys, laboralory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessmenf and impact statements, surveys of record, property descriptions; zoning, deed and other land use resfrictions: and other special data or consultations as may be available. all ot which l-U-B may use and rely upon in performing services under this Agreement, The CLIENT will arrange for access to and make all provisions for l-U-B to enter upon public and private property as required for J.U-B to perform services under this Agreement. In addition, the CLIENT will furnish to J-U-B: Items listed in Section 2 of Attachment "A". SERVICES TO BE PERFORMED BY j.U-B J-U-Bwill complete those items listed in Section 3 of Attachment "A". SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said services as follows: In a timelv manner. BASIS OF FEE AND BIlliNG SCHEDULE The CLIENT will pay J-U-B for their services and reimbursable expenses as follows: On a time and materials basis with an estimated budaet of $23.401. For a breakdown of the fees, refer to Attachment "B", File Folder TItle MERIDIAN - Update Sewer Master Plan Remarks: The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK AllOCATION, ON THE REVERSE SIDE ARE PART Of THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J.U-B: CITY OF MERIDIAN NAME 33 E, Idaho Street STREET Meridiq CITY ZIP CODE TITLE Project Manager 2 DISTRIBUTION: White - J-U-B Corporate File ::: Yellow - J-U-B OffIce File Pink - J-U.B Project FJle .l.JI-R -1l1 r J.U-B ENGINEERS, Inc. TERMS AND CONDITIONS GENERAL J-U-B shall provide for CLIENT professional engineering and/or land surveying services in all phases of the Project to which this Agreement applies. These services will include serving as CLIENT's professional engineering or land surveying representative for the Project, providing professional consuftation and advice in accordance with generally accepted professional practices for the intended use of the Project and makes no other WARRANTY EITHER EXPRESSJ;DOR IMPLIED. J-U-B shall not be responsible tor acts or omissions of any party involved in the services covered by this Agreement other than their own or for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by J-U-B. J-U-B has not been retained to supervise, direct or hove control over Contractor(s) work nor shall J-U-B have authority over or responsibility for the means, methods. techniques, sequences or procedures of construction selected by Contractor(s), tor safety precautions and programs incident fa the work of Contractor(s) or for any failure of Contractor(s) to comply with laws. rules, regulations, ordinances. codes or orders applicable to Contractor(sl furnishing and performing their work. Accordingly, J-U.B con neither guarantee the performance of the construction contracts by Conlractor(s) nor assume responsibility for Contractor(sl' tailure to furnish and perform their work in accordance with the Contract Documents. In soils invesfigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive. test points and sample intervals. J-U-B will coordinate this work in accordance with generally accepted practice of the protessional services being provided and makes no other WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnished by others. Resetting of survey and/or construciion stakes shall constitute extra work and sholl be paid for on 0 time and material basis in addition to any other payment provided in This Agreement OPINIONS Of COST Since J-U-B has no control over the cost of labor. materials. equipment or services furnished by others, or over the Contractor(s}' methods of determining prices, or over compeTitive bidding or market conditions, j-U-B's opinions of probable Total Project Costs and Construclion CosTs provided for herein are to be mode on the basis at J-U-B's experience and qualifications and represent J-U-B's best judgment as on experienced and qualified professional engineer. familiar with the construction industry; but J-U-B cannot and does not guarantee Ihal proposals, bids or actual Total Project or Construction Costs will not vary trom opinions of probable cost prepared by j-U-B. lt the CUENT wishes greater assurance as to Total Project or Construction Costs. CLIENT sholl employ an independent cost estimator. J-U-B's services to modify the Project to bring the Construction Costs wi/hin any limitation established by the CLIENT will be considered Additional Services and paid tor as such by the CLIENT. REUSE OF DOCUMENTS AJI documents and magnetic media including Drawings and Specifications prepared or furnished by J-U-B pursuant to this Agreement ore instruments ot service in respect of the Project and J-U-B shoJi retain an ownership and property interest therein whether or not the Projecl is completed. Any reuse withoul written verification or adaptation by J-U-B for the specific purpose intended will be at CLIENTs sole risk and without liability or legal exposure to J-U-B and CLIENT shall indemnify and hold harmless J-U-B from all claims, damages, losses and expenses ariSing out of or resulting therefrom. CONTROlliNG LAW This Agreement is to be governed by the law of the State of Idaho, principal place of business at J-U-B. SUCCESSORS AND ASSIGNS CLIENT and J-U-B each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and J-U-B are hereby bound to the other party to this Agreement and to the partners, successors, executors. administrators and legal representatives of such other party. in respect 01 011 covenants, agreements and obligations of this Agreement Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and J-U-B, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT ond J-U-B and not tor the benefit of any other party. TIMES OF PAVMENTS J.U-B shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT tails to make any payment due J-U-B for services and expenses within ten (10) days after receipt of J-U-B's statement therelor. the amounts due J-U-B will be increased at the rate at 1% per month trom said tenth day, and in addition, J-U-B may, after giving ten days' written notice fa CLIENT. suspend services under this Agreement until J-U-B has been paid in full 011 amounts due tor services, expenses and charges. TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereot through no fault of the terminating party. If this Agreement is terminated by either party, J-U-B will be paid tor services rendered and for Reimbursable Expenses incurred to the date at such terminalion plus on allowance lor demobilization costs as determined by J-U-B. RISK ALLOCATION The CLIENT is aware of the risks, rewards. and benefits of the project and J-U.B's total fee for services. The risks are hereby allocated such that Ihe CLIENT agrees that, to the fullest extent permitted by law, J.U-B's total liability to the CLIENT for all injuries, claims. expenses. damages or claims expenses arising out of this agreement from any cause, shall not exceed fifty percent of the amount of J-U-B's insurance covering such liability for services rendered on this Project or tees. whichever is greater, as of the date of this Agreement. Such causes include, but are nof limited to, J-U-B's negligence, errors, omissions, strict liability and breach of this Agreement. HAZARDOUS WASTE AND ASBESTOS In consideration at the unavailability of professional liability insurance for services involving or related to hazardous waste elements of this Agreement. or for the removal or encapsulation of asbestos, it is further agreed that the CLIENT shall indemnify and hold harmless j-U-B and their consultants, agents and employees from and against all claims, damages. losses and expenses direct and indirect, or consequential damages, including but not limited to tees and charges at attorneys and cour!. mediation or arbitration costs. arising out of or resulting from the performance 01 the work by J-U.B, or claims against J-U-B related to hazardous waste or asbestos aclivities. MEDIATION BEFORE lITIGATION No action or lawsuit shall commence nor recourse to a judicial forum be mode (hereinafter "litigation") until CLIENT. J-U-B. and/or other Parties ot Real Interest have commenced, participated in and concluded nonbinding mediation, pursuant to the rules of mediation. LEGAL fEES In the event at any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created. the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses. including attorney's fees as may be set by the Court EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations or agreements, eilher written or oraL The Agreement may be amended only by written instrument signed by both CLIENT and j-U-B. J-U-B -02 ~ J-U-B ENGINEERS, Inc. Project 11950, Attachment 'A' ----- f:""d~U~ CITY OF MERIDIAN - 2003 SEWER MODEL UPDATE J-U-B Project No. 11950, ATTACHMENT "A" AUGUST 2003 SECTION 1 - PROJECT UNDERSTANDING The City intends to update their 1998 sewer master plan model(ultimate system) to reflect changes in land use, service area, constructed trunk system, and future trunk system. In addition to the updating the CTty's master plan model, a brief summary update report will be prepared. SECTION 2 - ITEMS PROVIDED BY THE CLIENT The City shall provide J-U-B the following items at no cost: o Provide updated copy of existing sewer model. o Provide COMPASS base mapping in the study area. o Provide digital copies of preliminary plans, final plats, concept plans, record drawings, and any other pertinent available drawings that may affect future trunkline routing. o Provide a copy of the comprehensive plan. SECTION 3 - SERVICES TO BE PERFORMED BY J-U-B J-U-B shall furnish data and services specifically limited to the following for the 2003 Sewer Model Update Project: o Create base mapping to include COMPASS aerial topographic mapping. o Perform spot topographic survey at critical drain crossings and pipe inverts. o System: Merge Master Plan with current existing system model. Modify model for Preliminary Plats. Revise ground and drain crossing elevations in Master Plan to reflect COMPASS ground surface elevations. o Service Area: Check and modify service area for merged system. Modify service area where preliminary plats are available. Modify to reflect changes in area of impact. o Land Use: Review with the City's adopted Comprehensive Plan. Meet with the City and modify for service areas. Modify to reflect changes in area of impact. o Perform minor detail analysis for North Slough and McDermott Lift Station areas. o Run updated Model and troubleshoot. o Submit four (4) copies of a draft Master Plan update report. o Meet with the City to review model results. o Finalize and submit six copies (6) of Master Plan update. F:\pM\phk\ 11950"meridian sewer master plan update\ 11950.pm\contract-bitling\attachA.doc City of Meridian -2003 Sewer Master Plan Update Page - 1 w !;i: o c.. ::l ZZ <(<( -..../ 9c.. 0::0:: Ww :=1- u..(I) 0<( >-:E 1-0:: -w o~ w (I) M o o N ~ J- Z w :E :r: o <( I: <( <:;; II) m '<"" '<"" I- o W ..., o 0:: c.. I.J.I ~ o Q.. :::> ...J I.J.I o o ::E c::: I.J.I S: I.J.I VI M o o C'l z ::!; o ii: I.J.I ::E l.L o ~ u "i6 ..>: ...... ...... '" 0 '" ro .... a I-'@U VI VI .9- 0 a.. :J 00 1..:)tE"<J"l- >. QJ ;: l.O c: ~ ,..., ':J U <J"l- VI .tl;l .~ ~ ~<J"l- U ~ ~ co EEv;. CI >. 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'5 ~~ a..-o I- C .E ro ~o :02 o '" ::E QJ ,:0 QJ QJ QJ :J V'JI U"I tIl a ::I::l::l~ "C"C"C c: c: C c: tl;l ro rtl :J ...J..../...Jcr: '" ci lJ"1 N ci __ Lt1 Ln I.r1 acici lJ"1 ci .... I- a 0.. & QJ ...... ro -0 0.. ::I c: .!:l a.. OJ I- "C .2:J o '" ::E rtl c: ::E a .::: ..>: e ~ CI ~ ..c: QJ U 04-1 <0 ~~~ ". T"""'tr1-I.f'lM c:iN a '....... In ..; . rtI ~ I :: QJ ';;: QJ cr: "C c: ro .a u ...... . l- e 0- QJ cr: QJ ...... <tl "C 0.. ::l c: ro a:: I- QJ ...... '" ro ::E QJ .!::! m c: iZ c '" a ~ " ;;; OJ E ~ '" ;c lJl c '" 'i5 Iii Ii' o '" ~ 52 :c ~ f'! '" 0> III C III :;;; ;; '" .0- 0: :Q l5 " "- .. ~ ~ '0 !II '"' WHITE PETERSON KEVIN E. DINIUS JULIE KLEIN FIsCHER WM. F. GIGRAY, III T. GUY HALlAM' JILL HOLINKA D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS' CHRISTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE& ROSSMAN, P.A. PHILlPA. PETERSON ArrORNEYS AT LAW NAMPA OFFICE ERiCA S. PHillIPS 5700 E. FRANKLIN RD.. ERIC S. ROSSMAN SUITE200 TODD A. ROSSMAN NAMPA. IDAHO 83687-8402 TERRENCE R. WHITE"" TEL. (208) 466-9272 NICHOlAS L. WOLLEN FAX (208) 466-4405 'Also admitted in OR ** Also admitted in W A September 16, 2003 RT:1 r'\ R ~-VED ~il ~\.jDl '. SEP 1 7 2003 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian. Idaho 83642 City Of Meridian City Clerk Office Re: CAPITOL DEVELOPMENT, LLC / BALDWIN PARK SUBDIVISION NO. 61 FINAL PLAT - (FP-03-049) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols Z:\ Work\M\Meridian\Meridian 15360M\BaJdwin Park No.6 FP-03-049\ClerkFPItr 09 16 03.do:: BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CAPITOL DEVELOPMENT, INC. FOR APPROVAL OF 39 BUILDING LOTS AND 1 OTHER LOT ON 8.25 ACRES IN AN R-8 ZONE FOR BALDWIN PARK SUBDIVISION NO.6, LOCATED NORTH OF WEST USTICK ROAD AND EAST OF NORTH LINDER ROAD, MERIDIAN, IDAHO CIC 09/09/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-049 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on September 9,2003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: September 9, 2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Steve Arnold, commented at the hearing, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF BALDWIN PARK SUBDIVISION NO.6" is attached hereto as Exhibit "B", consisting of one page, and by this reference incorporated herein, providing the necessary plat information, Capitol Development, Inc., Developer, is Conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT 1 (FP-03-049) Page 1 of 4 Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III. and Sonya Allen Planner I for the Planning and Zoning Department, dated: Hearing Date: September 9,2003, listing 20 SITE SPECIFIC REQUIREMENTS and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 9,2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as fonows: 1. That a fire flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 and 901.3 3. The roadways shall be built to Ada County Highway Standards with 33' wide driving surface. UFC 902.2.1. 4. All radii shall be 28' inside and 48' outside radius. 1.2 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-049) Page 2 of 4 quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality. July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: I. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-049) Page 3 of4 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. By action of the City Council at its regular meeting held on the qf"'- day of (~ &~-lelyydrJL-tv I ,2003. Attest: By: 11 11 II IIIIUROBERT D. CORRIE \ \ \ \ \ : ~ k'N ....',\\\ Of MERI01;;&};:9r, City of Meridian ,,-,.....J.. - '-1.......... " ,,"- o~ n.. ~ ~ (j' o9-.? NF!)o. " .- ... c; , r~ -;. .2 ~ ,() S ~ ~ ~ ~~d d~~~1 ~-: "<< ! if William G, Berg, Jr., City lerk .;~, '1"'0 OUSt lS'i ' 1.$ '/;./ ~ C ~ ~v'" ..../// OUI'rf'{. \", Copy served upon Applicant, the Planning af1dJ.4RmAg,E>epartment, Public Works Department, d C. A "l1111111111 an Ity ttomey. \\\\1' f Mr:::r."I/tl ,,\\ _I 0 "-'"(If:) ///.... ,\ :'\.... ~ ...." :;:;~ c} 1f\POh>. ~ ~ ::: 00 ''''1.1(., ~ ::: ~ 0-;. - - Dated: 1-/ b - Of- ;: ~ B~~~,9-- Z:\Work\M\Meridian\Meridian 15360M\Baldwin Park No.6 FP-03-049\OrderFP.doc ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT I (FP-03-049) Page 4 of4 MA YOR Robelt D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466.9272 . Fax 466-4405 les CITY COUNCIL MEMBERS William L.M. Nary Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Oflice Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211. Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533' FAX 888-6854 STAFF REPORT: City Council Date: September 9, 2003 To: Mayor & City Council Sonya Allen, Planner I JIl ~ Bruce Freckleton, Engineering Tech III ~ From: Re: Baldwin Park Subdivision No.6 · Request for Final Plat approval of Thirty-Nine (39) Single-Family Residential Building Lots and One (1) Other Lot on 8.25 Acres in an R-8 Zone, by Capitol Development (File No. FP-03-049). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the sixth phase of the Baldwin Park Subdivision, located on the east side of Linder Road, approximately 1,; mile south of McMillan Road. This phase of the subdivision includes 39 single family residential building lots and 1 common lot. The gross density of Phase No. 6 is approximately 4.72 dwelling units/acre. The subdivision is located in an R-8 zone. The minimum house size within the subdivision is 1,301 square feet, not including the garage area. With the exception of Lot 11, Block 8 (lot line needs to be shifted to meet minimum street frontage requirements), the proposed subdivision plat meets the requirements of the R-8 zone. As a condition of approval for Phase 5, the applicant was required to submit a complete revised preliminary plat application prior to signature on the final plat for that phase. A revised layout plan showing the previously approved/future phases of Baldwin Park Subdivision was submitted with Phase 5. The final plat submitted for Phase 6 included 3 additional lots than was approved on the original preliminary plat for that phase, but did match what was proposed on the revised layout plan. The final plat for Phase 7 has been submitted and is scheduled for the September 16, 2003 City Council meeting. Phase 7 has 2 additional lots than was approved in the preliminary plat, but also matches the revised layout plan. Additional lots were also added on previously approved phases of Baldwin Park Subdivision. As a result. a new revised P-03-049 Baldwin Park Sub No.6 EXHIBIT "A" 1 OF 5 Mayor and Council Hearing Date: September 9,2003 Page 2 preliminary plat application. will have to be approved before the fInal phase can be submitted. The total number of lots cannot exceed the number approved on the preliminary plat for this subdivision. Submission of a revised preliminary plat application is required before signature on the fInal plats for Phases 6 & 7. Staff recommends approval of this phase of Baldwin Park Subdivision with the comments and conditions stated in this report. We have allowed this subdivision to proceed as such because originally we were under the understanding that the lot count would equal out at the end to the approved amount of lots. However, staff would not recommend following this procedure in the future, so far as accepting fInal plat applications that do not follow the approved preliminary plat. If an applicant adds a lot or lots in a phase that are beyond what was approved for the preliminary plat within the phase boundaries, we will ask for a revised layout of the entire property that is consistent with the approved number of lots. The Administrator will then make a determination as to whether the revised layout is in substantial compliance with the approved preliminary plat. This does not mean that an applicant will be prohibited from expanding phase boundaries to accommodate market demand. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-OI-024) and Development Agreement (Instrument No. 102083000). 2. The pressurized irrigation system within this development is to be owned and maintained privately by the Baldwin Park Subdivision Homeowner's Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the cornmon areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping. pressurized irrigation, sanitary sewer, water, etc.. prior to signature on the final plat. 4. Fencing adjacent to micropaths shall be installed per MCC 12-13-15-9. FP-03-049 Baldwin Park Sub NO.6 EXHIBIT "A" 2 OF 5 Mayor and Council Hearing Date: September 9, 2003 Page 3 Fencing within 20' of the right-of-way shall be reduced to 3' in height. 5. Per Preliminary Plat (PP-OI-024) condition #61, all drainage within the micropath (and pathway amenity) lots shall be maintained within the 7 Yz foot area on either side of the 5- foot hard surface path and not drained to the fence line. A minimum three (3) foot wide separation between the hard surface path and adjacent building lots shall be maintained. 6. The Landscape Plan dated 07-23-03 (L-l & L-2) by The Land Group, Inc. is approved as submitted. 7. Shift the lot line between Lots 10 & 11, Block 8 on the plat to allow for the 40' minimum street frontage, as measured on the chord, for a cul-de-sac lot on Lot 11. 8. Modify or add the following plat notes in the manner noted below: · Revise numbering in Notes section (goes from 3 to 5). (3.) Delete note (9.) Revise to read: No building permits shall be issued on any lots in this subdivision until the provisions of the recorded Development Agreement Instrument No. 10208300Q have been fulfilled... (10.) Revise spelling of recreation. (13.) Setbacks - Revise interior side to2.:. singlo story & 10' 1:\'10 stOTY (ordinance has changed) (15.) Revise spelling ofirrigaiion. (16.) Add note: The pressurized irrigation system within this development is owned & maintained by the Baldwin Park Homeowners Association. 9. Sanitary sewer service to this site shall be via the White Drain Trunk. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 10. Municipal water service to this site shall be via main line extensions from mains installed in previous phases. Applicant will be responsible to construct the water mains to and through this proposed development. 11. Complete the Certificate of Owners and accompanying Acknowledgment. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 13. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. S ide slopes within drainage areas shall not exceed 3: 1. FP.03-049 Baldwin Park Sub No.6 EXHIBIT "A" 3 OF 5 Mayor and Council Hearing Date: September 9, 2003 Page 4 14. Prior to signature on the final plat for this phase, applicant must submit a complete revised preliminary plat application to the City of Meridian Plmming & Zoning Department. 15. Delete the "Fence Height Restriction Area" symbol from the plat and legend and elaborate note 14 to state specific locations. 16. Label the NW Comer of the SWII4, NWI/4. 17. The sum of the lot segments don't equal the overall boundary distance shown across Lots 8-10 (224.74'), 11-15 (229.87'), and 22-23 (70.02'), all in Block 14. 18. Correct the".. . Range 1 East..." notation in the situate statement of the Certificate of Owners to ". . . Range 1 West..." 19. Correct the ". ..Northwest comer of Baldwin Park..." notation in the second line of the legal description of the Certificate of Owners to read".. .Northeast comer of Baldwin..." 20. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One-Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor shall obtain design and pennit approval from the Public Works Department prior to commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. FP-03-049 Baldwin Park Sub No.6 EXHIBIT "A" 4 OF 5 Mayor and Council Hearing Date: September 9,2003 Page 5 5. Sewer and water mains shall be extended to and through the proposed development. thereby making services available for adjacent properties. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian1s Water Deputy Fire Chief and the Public Works Department. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. RECOMMENDATION Staff recommends approval of Baldwin Park Subdivision No.6 with the above stated comments and conditions. The applicant will need to submit a complete revised preliminary plat application prior to signature on the final plat for Phases 5, 6, & 7. No future phases of Baldwin Park Subdivision will be accepted until a revised preliminary plat is approved. FP-03-049 Baldwin Park Sub No.6 EXHIBIT "A" 5 OF 5 ~E~~~~': ~i ~ .;;~ ~i!; ~~ g~r ::t 2.s~..:~ '" i ~~~~ ." ~ r-~:;; ~ >i~ S"'''ii: ~ ~ ~:s !]s.... ,i;7 ~~~ ~8~j ;:, 7~ ~~~~~~R ~:il ~ :;~;o;, !~ ~~ id S:l;"'~ J! ~....,;,~~:!: ~"'~;a \\"''':1 ~ill ::"Ct ~ gH '};:~'=l\? ."'~-a~~ o~ ~~ sHi '" H;~p," ~~ ~ ~~ '" 2:~ 2 {J. ~~i: ;;;y;/= ~....1"".4 ~~;~o~~ 20 ~ i@~ t'h I......'" r:;:' g~~ ~~ ~ ~ ~... "'~~ ,,-~ :;}~ . wo ;;;i~~~~~ Oi~ ~ ;~!!J 00 ~ ~2~ "on Sf5,:;;;;"~~ :: a @i~ ~ ~z . :: l:\~l;; ~'" P:;Sl;t 2: '-- :n "l'l;!ii<;)"'<o: :,1 . ,,~g ";"j~~a.. 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( S~ -l'H:~ - g ~ ri '.,00' aag~~~ ~8. ~ ~ ~ i . ~ ~OO'iCl ~OO":_~ 100_00 t .. .. ,~..H__S role'lS' 'II 235.00' UNPLA TTED f( ,"- ~ l <> . z '.; ~ ~ Sl '" (To ,~... ,'ll-r .' ~" " , . '" ~ ~f r= - !'i ~ ~ '" o i!; ) 0" ;~ 8", ~~ z'" " N, BUCKSTONE AVENUE c Z il r !> -I -I ('1 Q g '" ~ ,.., 8 tJj ::r> L" U ~ I--l '" Z 0 " " 'i! 'lj 'il ~ '=J! ~ g", 52 ~ ,.~ z_ il -...... N ,.... Cf)~ 0 ~~ 0 8~ c: -j .p.. en tJj 0 z'" "l ~~ U 5", >'" I--l ~. <; 0.... .. I--l .2 Cf) '" I--l ,::i 0 '" Z .'" Z 0 OJ '8 8 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF THE CITY OF MERIDIAN FOR APPROVAL OF REVI&ONSOFRECORDED FINAL PLAT FOR PACKARD ACRES NO.2 SUBDIVISION, LOCATED WEST OF NORTH WINGATE LANE AND SOUTH OF EAST USTICK ROAD, MERIDIAN, IDAHO C/C 07/08/03 C/C 07/22/03 C/C 08/12/03 Revised per C/C 08/26/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP~03-038 ORDER REGARDING APPLICATION TO REMOVE! MODIFY FINAL PLAT CONDmONS This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on July 8, 2003, and continued until July 22, 2003 and August 12, 2003, and the Council finding that the Administrative Review is complete from Brad Hawkins- Clark Planner III for the Planning and Zoning Department, dated June 10, 2003, to the Mayor and Council, and that Brad Hawkins-Clark Planner ill for the Planning and Zoning Department, Stacy Wyrick, Dale Sharp, Helen Sharp, Billie Jo Primo, Dixie Lee Roberts, Vern Alleman, Audrey Bentley, Craig Groves, and Chip Gallagher, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY FOUND THAT: ORDER REGARDING APPLICATION TO REMOVE/ MODIFY FINAL PLAT CONDITIONS / (FP-03-038) Page 1 of5 1. This Final Plat Amendment application was prepared by the Planning and Zoning Department at the direction of the Mayor and City Council to propose amending certain conditions that were placed upon the developer, Packard Estates Development, LLC (File FP-OO- 018), by the City of Meridian during the final plat process in January 2001. 2. That there were a number of people who appeared and testified in this matter, and those names are listed above the first paragraph. 3. The conditions in question to the recorded final plat dated December 2, 2002, are numbers 15.20 and 22, and that possibly these particular conditions were not adequately enforced by the City. 4. That the Planning and Zoning Department proposes to remove two ofthe 32 conditions originally required in this application, and the two items are numbers 20 and 22. Item 20 pertains to the requirement of two gates across E. Challis Street: one on the east boundary of Wingate Lane, and one on the west boundary of Wingate Lane. The other condition pertains to number 22 which addressed any damages to Wingate Lane caused by the developer or contractors. 5. On February 27,2002 (approximately one month after the City of Meridian approval of the final plat), the Ada County Highway District held a public meeting at which the ACHD Commission decided to reverse their decision/condition of the October 18, 1995 preliminary plat for Packard Subdivision that required gates be constructed across Challis. (ACHD's staffreport dated February 13, 2002 and the Commission minutes approving the removal of the gates on Challis.) ACHD's reversal resulted in the gates on E. Challis being ORDER REGARDING APPLICATION TO REMOVE/ MODIFY FINAL PLAT CONDITIONS I (FP-03-038) Page 2 of5 removed due to being an obstruction of a public street. Under Idaho Code 40-1310, highway districts have jurisdiction over all rights-of-way within highway systems. Condition number 20 of the original conditions would not be enforceable by the City of Meridian, and therefore number 20 shall be removed from the conditions and shall nullifY the plat condition. 6. Pertaining to number 22 of the conditions, the City received a letter from Dale and Helen Sharp, a portion of which states that Packard Estates, LLC "has not complied with the agreed upon condition concerning the repairs to the lane." In order for this condition to be effectively enforced, the City must have clear photographs or some other visual evidence as to the condition of Wingate Lane prior to the approval of Packard Acres No.2. The City would also need evidence that any damage to the private street was actually caused by "the developer or contractors." The Sharps did submit a series of invoices demonstrating the Wingate association has paid to maintain the lane through road mix, blading, dust control and other measures. This condition is considered to be difficult to adequately and fairly enforce. There is no disagreement that there has been some contractor traffic and/or non-Wingate Lane resident vehicular construction traffic using the lane and that has resulted from the construction and build out of Packard Acres NO.2 Subdivision. However, it is also likely that Wingate Lane has been used by other traffic completely unrelated to the developer or his contractors (e.g. delivery trunks, utility companies, residents of Packard Acres, etc.). Condition number 22 of the original conditions shall remain as recorded in the Final Plat Order, but this additional language shall be added to the condition: "Due to the lack of resources sufficient to effectively enforce the prohibition against ORDER REGARDING APPLICATION TO REMOVEI MODIFY FINAL PLAT CONDITIONS I (FP-03-038) Page 3 of5 construction traffic, or to determine the condition of the Lane at various times, Plat note number 22 has been impossible for the City staff to enforce." THEREFORE, IT IS HEREBY ORDERED THAT pursuant to action of the City Council taken at their August 12, 2003 meeting that: 1. Condition #20 shall be amended to include the following sentence. The Ada County Highway District made subsequent Findings at their February 27, 2002 meeting pertaining to East Challis Street and Wingate Lane nullifying this plat condition. This does not preclude ACHD from re-visiting this issue at some point in the future. 2. Condition #22 shall remain as recorded in the Final Plat Order. Due to the lack of resources sufficient to effectively enforce the prohibition against construction traffic. or to determine the condition of the Lane at various times, Plat note number 22 has been impossible for the City staff to enforce. However, this does not relieve the developer of the requirement to comply with the condition that no construction traffic shall be allowed to access Wingate Lane. NOTICE OF FmAL 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 9 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 ORDER REGARDING APPLICATION TO REMOVE/ MODIFY FINAL PLAT CONDITIONS / (FP-03-038) Page 4 of5 (28) days after the date oftrus decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 Ad- day of ~ple~~ , 2003. Attest: B,..~~ \\\\\111111111/11 'ROBER . CORRIE ",\\1\ Of ME'fi'/;'ffl"Mayor, City of Meridian " ..c--l. Vi,., ~ ........ \.' -VI. 'l .::.... () of'-poR.1 /:; . y ~ 2 ~0 ~o ~ ,~ - ~ ~ - - - - J~A B~~~9- - - .... ... Dated: 9~ $ --C3 Z:\WorkI.M\Meridian\Meridian 15360MIPackard Acres No.2 FP-03-038\OrderFP.doc ORDER REGARDING APPLICATION TO REMOVE/ MODIFY FINAL PLAT CONDITIONS / (FP-03M038) Page 5 of5 3(j(} ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 09/05/03 03:10 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridi an Ci ly AMOUNT .00 39 1111111111111111111111111111111 11I111 103151664 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. City of Meridian Raleigh and Dieuw Hawe, Owner HiIlview Development Corporation, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this I q/~ day of ~s.f ,2003, by and between CITY OF MERIDIAN, a municipal corporation fthe State ofIdaho, hereafter called "CITY', and RALEIGH AND DIEUW HA WE, whose address is 530 E. Blue Heron Lane, Meridian, Idaho 83642, hereinafter called "OWNERS", and HILLIVEW DEVELOPMENT CORPORATION, whose address is 150 E. Aikens, Eagle, Idaho 83616, hereinafter called "OWNERlDEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERS" and "OWNERJDEVELOPER" are the sole owners, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" or "OwnerlDeveloper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation andlor re-zoning of land; and 1.4 WHEREAS, "Owners" and "OwnerlDeveloper" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R -8) Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-03-010) - 1 1.5 WHEREAS, "Owners" and "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Corrnmssion and before the Meridian City Council, as to how the subj ect "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 2.'209 day of S(Al.L~ ,2003, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full. hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and "OwnerIDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and "OWNERlDEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owners" and "OwnerIDeveloper" to enter into a development agreement for the purpose of ensuring that the .'Property" is developed and the subsequent use of the ..Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted DEVELOPMENT AGREEMENT (AZ-03-010) - 2 August 6,2003, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision ofthe state ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Raleigh and Dieuw Hawe, whose address is 530 E. Blue Heron Lane, Meridian, Idaho 83642, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER/DEVELOPER": means and refers to Hillview Development Corporation, whose address is 150 E. Aikens, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERM:ITTED BY THIS AGREEMENT: DEVELOPMENT AGREEMENT (AZ-03-010) - 3 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a planned development consisting of One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, one "Neighhorhood" park and Twenty-three common lots in proposed R-8 zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "OwnerlDeveloper" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owners" and "OwnerlDeveloper" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 2. The following are addressed within this Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right' s-of-way road trust deposit for one-half of a 29-foot street section with DEVELOPMENT AGREEMENT (AZ-03-010) - 4 curb, gutter and 5- foot concrete sidewalk, provide 24- feet of pavement as well as the appropriate amount of fill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) 2. Construct East James Court (from the West property line to North Eureka Place) as a 40- foot street section with vertical curb, gutter and 5- foot concrete sidewalk within 60-feet of right-of-way, as proposed. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right-of-way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right -of-way, as proposed. Construct a 5- foot attached on the majority of the internal roadways, with the exception of a 4- foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 43 O-feet north of the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately 1 DO-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately 1 DO-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west of the east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately 100-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-fee1. DEVELOPMENT AGREEMENT (AZ-03-010) - 5 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 14. Direct lot access to the segment of J ames Court (from the west property line to Cougar Drive) is prohibited. 15. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (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 DEVELOPMENT AGREEMENT (AZ-03-01O) - 6 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 with ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to cOlnplywith 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 reliefis granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction beings. UFC 901.4.2 & 901.3 3. The location of the fire hydrants shall be approved by the Meridian Fire Department and shall be submitted thru the Public Works Department. 4. All radii shall be 28' inside and 48' outside radius. DEVELOPMENT AGREEMENT (AZ-03-010) -7 5. Provide an approved turnaround for all streets greater than 150' in length that have no outlet. This may be an issue during the phasing of the project. D. Adopt the Recommendations of the N ampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District requires a land-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed proj ect. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. E. Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west end of the property. The existing ponds adj acent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the DEVELOPMENT AGREEMENT (AZ-03~OlO) - 8 Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine ifthe headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27, 2003, and is hereby approved. 8. Comply with all the Preliminary Plat conditions (pP-03-011) and Conditional Use Permit conditions (CUP-03-21) in the corresponding applications in this project. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and "Owner /Developer" or "Owners" and "OwnerlDeveloper's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.e. ~ 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ-03-010) - 9 "Owners" and "Owner/Developer" consent upon default to the de- annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Owner/Developer" and if the "Owners" and "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners" and "OwnerlDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and "Owner/Developer", "Owners" and "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and "Owner/Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQIDREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Owner/Developer's" cost, and submit proof of such recording to "Owners" and "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the DEVELOPMENT AGREEMENT (AZ-03-010) -10 ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument ofrelease of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and "OwnerlDeveloper", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 fu the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "OwnerlDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 fu the event the performance of any covenant to be performed hereunder by either "Owner" and "Owner /Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code 912-5-3, to insure that installation of the improvements, which the "Owners" and "Owner/Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ-03-010) - 11 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "OwnerlDeveloper" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "OwnerlDeveloper" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and "Owner /Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERS: clo City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 RALEIGH and DIEUW HA WE 530 E. Blue Heron Lane Meridian, Idaho 83642 with copy to: OWNERlDEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 HILL VIEW DEVELOPMENT CORPORATION 150 E. Aikens Eagle, Idaho 83616 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be conunenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in DEVELOPMENT AGREEMENT (AZ-03-01O) -12 addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including t'City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owners" and "OwnerlDeveloper" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and "OwnerlDeveloper", to execute appropriate and recordable evidence of termination ofthis Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended DEVELOPMENT AGREEMENT (AZ-03-01O) - 13 without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-03-01O) -14 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ~ BY: ,{fl~ ~=-r ~ Dieuw Hawe OWNERSIDEVELOPERJ HILLVIEW DEVELOPMENT CORPORATION: Attest: ~ BY: ... /..~ DEVELOP:rvtENT AGREEMENT (AZ-03-01O) -15 Attest: CITY OF MERIDIAN BV. ~~~ MAYOR ROBERT D. CORRIE \\\\llllrlrl/ll \\\\\ f M 11//. ,,\\ _I 0 Ef?!^ fll,/ " .:'\, <...Z-t 1'" ...' ri' 0 -lA. 'l $' v Q'?'.P FI.,q r. TV ~ f~0 ~\ - - - - - - - - (>) ::: - OjD ~ - ~- % "'Po 'Sr 181" . ..f? ! -;." ;.y C :(\~ $" "I 0 '-=yt '" "'1 UNT'( , ' ,\.' 1/// \\\\\ /1/111111111\\\ STATEOFIDAHO ) : ss: COUNTY OF ADA ) On this .;2J~ day of ~-r ' in the year 2003, before me, ~1/ 11'1. ~~J5 a Notary ublic, personally appeared RALEIGH HA WE an IEUW HA WE, husband and WIfe, known or Identrfied to me to be the persons who executed the instrument and acknowledged to me that they executed the same. (SEAL) \\WULIIIIUIJlUUJI ~'-'\\\'\ 1 ~ S!'J'IJ'./~ ~~l'y W\. /, 0-~ ~~_\'\J" ,.,u") V4~~ ~ rv.. ......' . fA ..~~...-~ ~ g ~ ~~ 0 t?', /' ~ ~:~ .)...## ~ f i -e- E ! S ';..-<> CJi ~ \~###. U8'- \ /f?/ ~ .A ... Ii" ~.... ~ "~.t?r .....IUI..'\"'~... # :.-'<< (" OF .v~.... "IIJJJIII \J\\\"\'\ 1"1Iil'IJliI1111\1\\\ ~u711 ~ Notary u he for Idaho Residing at: ~ Commission expires: /1.1 /0 Lf / . DEVELOPMENT AGREEMENT (AZ-03-010) - 16 ,~ STATEOFIDAHO ) :ss COUNTY OF ADA ) On this /'1 tL day of M C;J S-7 , in the year 2003, before me, /!J2A-IJ~ /G. BtSHOI' a Notary Public, personally appeared ;TlhrvJe5 Me;e.kLe- and !bO;1/At/D 0 t-11..iJT known or identified to me to be the pt2t.J /-1)" elF! and i/lle fltSIf){f/- ofHILLVlEWDEVELOPMENTCORPORATION and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said HILL VIEW DEVELOPMENT CORPORATION. ~~~/ Notary P IC for Idaho r Residing at: &l~e: I (I) Commission expires: . /1-27 - 2iJc>? (S :ss County of Ada ) On this ;3 rJ day of 8~ft.vv\.J.;).u" , in the year 2003, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ....... ...ON S -.. ~ _-__:A~.. . /~ -:::~~ .. .'" /~oT~>,c.~. .~I ~ ~ \~. : I \ . .. t ~ : D , I .. .. \ I . .... \, / 0 . tP~,fom.1C/O.. ......~.;;;:,----~-~. ..;-l:>OF~... ..... 3h Q/'LcY( ~ ~ Notary Public for Idaho Residing at--..11ofQ Cc.)~ty ~ (^-J.w Commission expires: 1- zg -(9<5 DEVELOPMENT AGREEMENT (AZ-03-006) - 17 EXHIBIT A Legal Description Of Property HILL VIEW 37 ACRES A parcel of land located in the NE ~ of the SW ~ of Section 6, T. 3N., R IE., RM., Ada County, Idaho, more particularly described as follows: Commencing at the ~ section comer common to Section 6 of said T.3N., RIE., and Section 1 ofT.3N., R.1W., RM., (from which point the southwest comer of Section 6 of said T.3N., RIB. bears South 00025'30" East, 2648.31 feet distant); Thence from said ~ section comer, North 88052'06" East, 1090.61 feet (formerly described as North 89034'50" East, 1090.53) on the east-west mid-section line of said Section 6 to the northwest comer of the NE ~ of the SW ~ of said Section 6, said point being the REAL POINT OF BEGINNING; Thence North 89002'39" East, 1314.24 feet (formerly described as North 89046'32" East, 1313.89 feet) on the east-west mid-section line of said Section 6 to the center ~ section comer of said Section 6; Thence South 00024' 00" East, 1301.12 feet (formerly described as South 00020'01" West, 1301.12 feet) on the north-south mid-section line of said Section 6 to the southeast comer of said NE ~ of the SW ~; Thence leaving subdivisional section lines and on the northerly and westerly boundary line of that parcel of land as described in Deed Instrument Number 96048180 of Ada County Records, for the following three courses and distances: Thence North 87031 '30" West, 268.68 feet (formerly described as North 87012'11" West, 268.67 feet); Thence South 87056'25" West, 836.43 feet (formerly described as South 88015'43" West, 836.43 feet); DEVELOPMENT AGREEMENT (AZ-03-006) - 18 Thence South 00009' 18" East, 12.00 feet (formerly described as South 00010'00" West, 12.00 feet) to a point on the southerly boundary line of said NE ~ of the SW ~; Thence South 88025' 12" West, 212.42 feet (formerly described as South 88044'30" West) on the southerly boundary line of said NE Y4 of the SW ~ to the southwest corner of said NE ~ of the SW )4; Thence North 00017"01" West, 1315.49 feet (formerly described as North 00012'43" West, 1315.57 feet) on the westerly boundary line of said NE '14 of the SW ~ to the real point of beginning. Said parcel contains 39.15 acres more or less. DEVELOPMENT AGREEMENT (AZ-03-006) - 19 EXHIBIT B Findin2;S of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-006) - 20 BEFORE THE MERIDIAN CITY COUNCIL CIC 07-08-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 39.15 ACRES ) FOR PROPOSED TRAIL WAY ) PARK SUBDIVISION, LOCATED ) ON E. BLUE HERON ROAD, ) NORTH OF FAIRVIEW ROAD AND ) E. OF NORTH MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) HILL VIEW DEVELOPMENT ) CORPORATION, ) APPLICANT ) Case No. AZ-03-010 FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning applic~tion having come on for public hearing on July 8, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Becky McKay, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6511, and Meridian City Code S~ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, .and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAlLW A Y PARK SUBDIVISION (AZ-03-010) PAGE 1 OF 19 and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundmy. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 39.15 acres in size and is located on E. Blue Heron Road, north of Fairview Road and E. of North Meridian Road, Melidian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The parcel ofland is contiguous to the existing city limits of the City of Meridian. 5. The owner of record of the subject property is Raleigh and Dieuw Hawe and Hillview Development Corporation. The applicant is Hillview Development Corporation. 6. The property is presently zoned RUT (Ada County). 7. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 8. The subject property is bordered to the north by a single-family residential subdivision - R-8, to the south by a Mobile Home Park - R-8, to the east by single-family residential subdivisions - R-4 and R-8, and to the west by a meat packing plant - Rl and a single-family residential subdivision - R -15. 9. The Applicant proposes to develop the subject property in the following manner: A Planned Development consisting of One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, one "Neighborhood" park and Twenty-three common lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDIVISION (AZ-03-010) PAGE 2 OF 19 10. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use - Neighborhood. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the concerns of Wendel Bigham, Supervisor of Facilities and Construction for Joint School District No.2, expressed in his letter dated April 24, 2003. 13. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering Staffas follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required. The following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right's-of- way road trust deposit for one-half of a 29- foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIN"G TRAIL WA Y PARK SUBDMSION (AZ-03-01O) PAGE 3 OF 19 2. Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 6O-feet ofright-of-way, as proposed. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet ofright-of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Dlive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 430- feet north of the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately laO-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately laO-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west of the east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately 100-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDMSION (AZ-03-010) PAGE4 OF 19 shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), 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 ImpactF ee 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-01O) PAGE 5 OF 19 the applicant." The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground with ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fife Department, which are submitted to the Public Works Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-01O) PAGE 6 OF 19 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District requires a land-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. E. Adopt the action ofthe City Council taken at their July 8,2003 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain tlrrough the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the N ampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDIVISION (AZ-03-010) PAGE 7 OF 19 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Inigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27, 2003, and is hereby approved. 14. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Neighborhood". The Comprehensive Plan also indicates that the subject property should have a "Multi Use" pathway running north-south through the subdivision along the Jackson Drain. Page 54 ofthe Comprehensive Plan addresses the issue of pathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street". The applicant has indicated that they will construct a 10' asphalt multi-use pathway along the Jackson Drain. The Parks Department has indicated that they will maintain the pathway if the applicant provides 5' of gravel on each side of the pathway. If the applicant does not provide this configuration for the pathway the Parks Department has recommended that the pathway be maintained by the Homeowner's Association until the pathways to the north and south of the subdivision are completed and can be connected. 15. It is not anticipated that the applicant intends to rezone the subject property in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTIN'G APPLICATION FOR ANNEXATION AND ZONING TRAILWAYPARK SUBDMSION (AZ~03-01O) PAGE 8 OF 19 16. It is found that the proposed single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 17. It is found that the land to the north and east of the subject property has been developed as residential subdivisions similar to the proposed subdivision. It is found that the requested zoning designation of R-8 is harmonious with the recently approved adjacent developments and should be rezoned as requested. 18. It is found that the proposed use (single family residential) will not change the existing (single family) or intended character (single family and mixed use) of the area. 19. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 20. It is found that the property to be annexed will or can be served adequately by all essential public facilities and services.. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. The Fire Department has made the following recommendations: Prohibit parking in the turnaround on Block 8 or place building envelopes on the plat prohibiting the placement of structures in the rear oflots #23,24, 25,27, and 28. This is recommended due to the proposed configuration of the turnaround which would make it impossible for fire trucks to reach the homes on lots #23,24,25, and 27 if cars were parked in the turnaround. By requiring building envelopes to restrict structures on the rear of lots #23, 24, 25, and 27 the fire department would be able to ensure that their firefighting equipment could reach the homes on these lots in the event of a fire. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services and facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIT.. WAY PARK SUBDIVISION (AZ~03~OlO) PAGE 9 OF 19 21. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 22. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision; however, it is felt that the amount generated will be detrimental to the public welfare of the city. 23. It is found that the subdivision's vehicular approaches off Blue Heron Lane, E. James Court, E. Willow Brook Drive, and E. Blue Heron Street will not cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 24. The applicant is proposing to pipe a portion of the Jackson Drain which runs through Trailway Park Subdivision's proposed park. Meridian's Comprehensive Plan designates the Jackson Drain as a creek that needs to be improved and protected. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 25. It is found that services are available to the site and that the inclusion of a pathway that will become a part of Meridian; s pathway system makes the annexation of this property in the best interest of the City. 26. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDIVISION (AZ-03-010) PAGE 10 OF 19 economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 27. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may alUlex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRA1LW A Y PARK SUBDIVISION (AZ-03-010) PAGE 11 OF 19 Resolution No. 02-382. 4. The zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose ofthe R-8 District is to pennit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units peT acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems ofthe City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, l05 Idaho 65,665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances ofthe City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order andtWs does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRillWAY PARK SUBDNISION (AZ-03-010) PAGE 12 OF 19 1. The applicant's .request for annexation and zoning of approximately 39.15 acres to Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 39.15 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5- 7 -517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required. The following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 42-feet ofright-of-way on Blue Heron Lane and provide a public right's-of- way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) 2. Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAlLWAY PARK SUBDMSION (AZ-03-010) PAGE 13 OF 19 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right- of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of light-of-way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougar,Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 430-feet north of the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately 100-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately 1 OO-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 3 70-feet west of the east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately lOO-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. 11. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. 13. Any proposed landscape islands/medians within th~ public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. FINDJNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDMSION (AZ-03-010) PAGE 14 OF 19 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb; gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact 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 pennit (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 mown 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 with 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDMSION (AZ-03-01O) PAGE 15 OF 19 writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Reco11UTIendations ofthe Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction beings. UFC 901.4.2 & 901.3 3. The location of the fire hydrants shall be approved by the Meridian Fire Department and shall be submitted thru the Public Works Department. 4. All radii shall be 28' inside and 48' outside radius. 5. Provide an approved turnaround for all streets greater than 150' in length that have no outlet. This may be an issue during the phasing of the proj eet. C. Adopt the Recommendations ofthe Nampa & Meridian Irrigation Distriet as follows: 1. Nampa & Meridian Irrigation District requires a land-use change application. All stonn drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. N ampa & Meridian's J aekson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and anyencroaclnnent without approved plans and a signed license agreement is unacceptable. D. Adopt the action ofllie City Council taken at their July 8, 2003 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDIVISION (AZ-03-010) PAGE 16 OF 19 end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for tbis amenity. Also, this pathway shall b~ included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, ifthe Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement fOf access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing fequirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27, 2003, and is hereby approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAfi.,WAY PARK SUBDIVISION (AZ-03-010) PAGE 17 OF 19 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District and Meridian City Code S 11-7-2. 5. Subsequentto the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION 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 ~ 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2-2}1d day of ;sL^Ltf ROLL CALL ,2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAlLWAY PARK SUBDMSION (AZ-03-01O) PAGE 18 OF 19 COUNCILMAN KEITH BIRD VOTED~~-t COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED ~~CL COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: f)-l.2-o3 VOTED -- MOTION: APPROVED: X Attest: BY~~,6 ~ s;.- Dated: ?~ z.1--fJ '3 City Clerk "Yc, & 2 Qu. ,q; '" \ "Yo '&r 181 . P f r~/ ~ R>~ ,$" //1 OOUNT-..f \' " ~/ 1 'i \....' Copy served upon Applicant, the Planning ana'~Q,qjAg;{}e}J)irtment, Public Works Department and . \\\\\\111111111/1 ~~M~~ #~~, " """",, .-(//)/. "" " , '\ v,4, ~ }" c} o\,\poFU, i".; '1,; ~~ .::- ~c; ~A -:;. ..... ~ v_ ~ ~ = = & 2 %. ~ GUSr 1S'\' ,C/i ~ f ......, A1 b.: ~" '/ .1 a ^l' ..' "" n "\V ,.;:. Z:\Work\M\Meridian\Meridian 15360M\Trailway Park Sub AZ-03-010 PP-03-01 1 CUP-03.021\A.ZFfCt'&Qfdcr':'~T'l. \\\\\ IIII/llillil\\\\\\ FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILW A Y PARK SUBDMSION (AZ~03-010) PAGE 19 OF 19 ( August 29,2003 MERIDIAN CITY COUNCil MEETING APPLICANT September 2, 2003 ITEM NO. R-E REQUEST Sewer and Water Main Easements for Meridian School District Bus Facility: 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 meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED AUG 2 8 2003 To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 8/28/2003 Re: Proposed Agenda Items for September 2 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the September 2 City Council agenda, on the Consent Agenda, for Council's consideration: '*' 1) Sanitarv Sewer and Water Main Easements for Meridian School District's Bus Facilitv. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easements for Meridian School District's Bus Facility and authorize the Mayor to sign and City Clerk to attest. 2) Sanitarv Sewer and Water Main Easements for Cobre Basin Subdivision NO.1. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easements for Cobre Basin Subdivision No. 1 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 City of Meridian Public Works Dept. Memo To: From: Brad Watson, P.E. John Boyd 9~ File 8/25/2003 cc: Date: Re: Meridian School District Bus Facility - Sewer and Water Easements Attached are water and sewer easements for the Meridian School District Bus Facility. I have reviewed them for accuracy and find them presentable for City Council action. If you need any more information on this matter please do not hesitate to contact me. (j~ ~ pI- ~lo~ ~[z.: From the desk of... . Page 1 John Boyd Engineering Tech. n Meridian Public Wo~ks Department 660 E. Watertowe~ Ln. , Suite 200 Meridian, Idaho 83642 Ph: (208) 898-5500 Fa,- (208) 898-9551 SANITARY SEWER EASEMENT THIS INDENTURE, made this _ day of , 20_between Joint School District No.2, the parties of the fIrst part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and \VHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and \VHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED LEGAL DESCRIPTION and EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold hannless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts. injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach oflegal duty by Grantor. Sewer Main Easement EASMT.S\VR.doc Page 1 TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN \VITNESS "WHEREOF, the said parties of the fIrst part have hereunto subscribed their signatures the day and year fIrst herein above written. Sewer Main Easement EASMT.SWR.doc Page 2 GRANTOR: ~A. ~Sup . tendent ----2~ Joint School District No.2 l~~ Secretary STATE OF IDAHO ) ) ss County of Ada ) On this 12 ~ day of A ~ lJ...st , 20 00, before me, the undersigned, a Notary Public in and for said State, personally appeared C.h~1 ~+iYle 'CDnVlcll and ~i [8 Vi b. <sJ:u:J ' known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. ,,'I,d'W.iijTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ..'. w:~~ . .....'" t\., cli:llIr ~ <tist above wntten. ..... "tr 0000000_ --1 .... , G ,po .0 '4-- '=- Pt ~ '...0 _.. ... ,'/F.::' l <~ J\,I? Y .\.;t \ ~ (1 # g <r: g ~O.' i S NOTARY PUBLIC FOR IDAHO ..p..o "'" v.: : ~ ~ :0: '; {( ee P\J~\.> l.~ = ... e. ........~ ,=-.. .- <'\~ ~ "'..#. .s:r ........ '\'" ~ ""'~ it TE 0 ~ ",........ ..........",' GRANTEE: CITY OF MERIDIAN Residing MeJ.rid1.OJl.l J....~ I Commission Expires: MAu-d,t.;l. '7J .;tDO'1 at Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sewer Main Easement EASMT.SWR.doc Page 3 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT FOR PARCEL A OWNED BY: JOINT SCHOOL DISTRICT NO.2 This permanent sanitary sewer easement being a portion of parcel A situated within the SE % of Section 11, Township 3 North, Range 1 West, City of Meridian, Boise Meridian, Ada County, State of Idaho. Being an easement 20.00 foot in width, 10 feet each side of the following centerline more particularly described as follows: Commencing at the SI/4 corner of said Section 11; thence N 89016'00" E, a distance of 2657.82 feet along the southerly line of said Section 11 to the SE corner of Section 11; thence S 89016'00" W, a distance of 1172.00 feet to a point on southerly line of said Section 11; thence leaving said southerly line N 00058'55" W, a distance of 1317.39 feet to the POINT OF BEGINNING. Thence S 79014'48" W, a distance of 301.58 feet to the END POINT of this easement description. The easement described contains 0.14 acres more or less. See: Exhibit if A" 6/11/03 .q- '<!- N r-. I ~ '" ~ I ~ i - <.:> OtTotY tY30N/7 . ~ ~ ;! -. - ~ 0: o ~ 21 :2: m ~ - 5: vi ..- ~ ;2: 0::: CD o a.. Z /'0 r-: ~l o o. 10, ~I ~ '(-..j lI): ~ l-==-- -:6>~/'~~f:/ · .:""F"" N =-~"::'--~~=--il 11 ~llhn / "-.1'1\\': / '/ I ....'.,0 / / / I in'\'t'1 / t-\,\ /, / I I I b~\- / / / I ~ '". / / / I I I ~.u-:<l /// II /// CO I / , / I /// -.J I // / W I / // ~ II // / <( 1>01 / / / CL I~ / -;;:- / I I / <il / I~ z / ~ / I / .:s- / I ----I !i:f- / <<.r / ,0\: IQ /~v/ L' :;1 J / ~ / 0:::" IQ'; I / (,~ / W W 15 l /.//~/ ~~ ----------- I~ / // ::::> // (f)<( {.II Zl..L...J J-/ ~ 0 t5 00::: 00:::<( -.JOn.. <0 Zw ~ - - -~: - - - - - - - - - - - - - - - ~ i i i i i ~I to ,<!-. N. ~ .6 oCt: ~o "''-' """ ~ ...~ ':;;;'-. ""~o c... W OUll,ll 17 -L'/B/HX3 + N IX) r-.. ~~ N92 ~ Q) w~ = c:s o ~~ .--V) ~QS ~ ~ ~ ~ ~ e: ~ WATER MAIN EASEMENT THIS INDENTURE, made this _ day of , 20_between Joint School District No. 2, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and \VHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain; service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE A TT ACHED LEGAL DESCRIPTION and EXHIBIT A) 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. In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold hannless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability , losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. Water Main Easement EASMT.WTR.doc Page 1 TO HAVE AND TO BOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe fIrst part have hereunto subscribed their signatures the day and year fIrst herein above vvritten. Water Main Easement EASMT.WTR.doc Page 2 GRANTOR: ~~ Su mtendent / Joint School District No.2 ~.:b.~ Secretary 0' STATE OF IDAHO) ) ss Cormty of Ada ) On this 12. tb day of A~u-<s+ ,202.3., before me, the undersigned, a Notary Public in and for said State, pe sonaUy appeared C-h ri st i vt e. 'U0nVle.11 and Ma.yi l on b. '5 , known or identified to me to be the President and Secre , respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. l~'~TNPSS WHEREOF, I have hereunto set my hand and affixed my official seal the day "t: 'II)~.:- ....'\'\'C\llirA.y~ :st.above written. ...... ~ ........... (\, ':h ~ I.:. .. 1. iI': ~~l 01'ARJ- ~i PtJ.:i:TJ.~ tl. /.UJ.{~ SQ.! ~ _._ *= NOTARY PUBLIC FOR IDAHO =*, = \ \ JIIUB\'\C, j '=- <or .... . 0" ~ ~ ......... ~ $ ""'~ l'Ei OF \'0 ........... '1.. ,,,.. -.,.......', Residing NLeln'dJ.(JjA I xd.-. Commission Expires: Ma..trdrt. ;J.. 7, .266 ., at GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement EASMT.WTRdoc Page 3 LEGAL DESCRIPTION FOR PERMANENT WATERLINE EASEMENT FOR PARCEL A OWNED BY: JOINT SCHOOL DISTRICT NO.2 This permanent water line easement being a portion of parcel A situated within the SE 1,4 of Section 11, Township 3 North, Range 1 West, City of Meridian, Boise Meridian, Ada County, State of Idaho. Being an easement 20.00 foot in width, 10 feet each side of the following centerline more particularly described as follows: Commencing at the SI/4 corner of said Section 11; thence N 89016'00" E, a distance of 2657.82 feet along the southerly line of said Section 11 to the SE corner of Section 11; thence S 89016'00" W, a distance of 1172.00 feet to a point on southerly line of said Section 11; thence leaving said southerly line N 00058'55" W, a distance of 1328.08 feet to the POINT OF BEGINNING. Thence along the following courses: S 89001'05" W, a distance of 19.48 feet; N 51044'55" W, a distance of 191.02 feet; S 38015'05" W, a distance of 245.28 feet; S 51044'55" E, a distance of 28.54 feet; N 51044'55" W, a distance of 28.54 feet; S 38015'05" W, a distance of 31.73 feet; N 51044'55" W, a distance of 60.58 feet; S 51044'55" E, a distance of 60.58 feet; S 38015'05" W, a distance of 100.85 feet; N 5i 044'55" W, a distance of 431.39 feet; N 38015'05" E, a distance of 39.64 feet; S 38015'05" W, a distance of 39.64 feet; S 51044'55" E, a distance of 431.39 feet; S 38015'05" W, a distance of 341.86 feet; S 83015'05" W, a distance of 14.14 feet; S 38015'05" W, a distance of 63.68 feet; S 89059'30" W, a distance of 151.90 feet; S Oo058'55"E, a distance of 839.66 feet to the southerly line of said Section 11 and the END POINT of this easement description. The easement described contains 1.14 acres more or less. 6/30/03 See: Exhibit 1/ A" EXHIBIT A UlUln '" -c f-l,R' ~o/>'l - ""= n<D 0- ~O I 9' ~ ' I ~ j '''"' ,I .... I~ i r: - - - - - ~ - - - - - - - - - -: - - - ~ I ~o I I ~~ I ~3Sr; 1 ~o _Ul ~ffi ~O::;:; ,,1 . ui '.'.,.,........ , "!. 8"!. 'Z 1J'l _l-________________~i?~?!l~~~_~__I!~~.~~~______Ll________-- - ~ Ul }> ~ "'-- 1/;//1 ~I--=".:r-=---------=--===:r-=-~-~-=r=----~! ~ ~ ~ ~ #/ // I 01 '" 1'1' 0 -(fT1 I'V / t"', % 1111 q :.: ~ ~ ~ I / If:/' "" ~ ~ll l~" ;;:///.f};il I ~ ~ I", ' , ^ I; I"~ . 0 ,51 30' l -.!l. . I~'"" Ol, --t~r-- ',~,~ 0,/1 / 1lA"" '" z l~ll, e: ~ '~~(s. $11 / 1/~&~' ., a, OJ ',.~Rs~. /' {Il/'" I ::e 1 -0 tll. 0; "-::::~'!!' I f%-;" ~ [q ~ 55 ~ '~~{!.: / l;,i-;j....P ~ l' r ~ I 0 "" ,~,tt' {I;'I , ~ """ Ul X 0; / ....,.:~.I.~/ - -P:. ~ tM V) c5 I fT1 I .I ?~, ,,. H: t; OJ o r / I / ,............. //.' J N c; " : I 'I ','~ =>: DO 0 ~ co I ,I I " (', - 01 [T] 1,11 _Ul ,~, -:i I'>.. I; 1 0"" ,., ~ / # / 0 cq Ui ....~.... A! / I Do 0; ~ ~ '~ ~C0 ~ ~I ~l /I;jl/ q~ ~~ ~~ "~~, (.J1 1 / / "" - -1". /,, -.J . / 01 1'1 I / ~/ / U1. /:/ I ~ -------- . / ,,:,~~' I .........-...............--m................. N 00'56'55" W / ,/ / 1328.06' ...................-..........-............. ( / i i~---------~/_~------ (~I .0 -1 I~ =>: I; ~ ~ ~ ~ ~ ~ ~ ~ :z 01 lD~ _-I" . """ o - ",01 -lJI -:i ~ ~~.~ --'" y, ::E I~ R o :q _.~ : ~ =. .LINDER ROAD !tNl ~ 10 ~ I -.J ""' .... """ co s:: August 29,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 2, 2003 ITEM NO. 3-F REQUEST Sewer and Water Main Easements for Cobre Basin Subdivision NO.1: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: See Attached Memo / Easement ~ 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. Memo REC.EIVED AUG 2 B 2003 City Of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 08/28/2003 Re: Proposed Agenda Items for September 2 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the September 2 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easements for Meridian School District's Bus Facilitv. Typical sewer and water main easement. Recommended Council Action: Approve the Sanitary Sewer and Watet Main Easements for Meridian School District's Bus Facility and authorize the Mayor to sign and City Clerk to attest. ~2) Sanitary Sewer and Water Main Easements for Cobre Basin Subdivision NO.1. Typical sewer and water main easement Recommended Council Action: Approve the sanitary Sewer and Water Main Easements for Cobre Basin Subdivision No. 1 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 City of Meridian Public Works Dept. Memo From: Brad Watson, P. E. John Boyd 7)U'!::> File To: cc: Date: Re: 8/25/2003 Cobre Basin Subdivision - Sewer and Water Easements Attached are water and sewer easements for Cobre Basin Subdivision NO.1. These easements will allow water and sewer to this Sub through future phases of Havasu and Cobre Basin Subdivisions in case they are not recorded. I have reviewed them for accuracy and find them presentable for City Council action, although we may just want to hang onto them for now. They will not be required if the phases are recorded. If you need any more infonnation on this matter please do not hesitate to contact me. From the desk of... . Page 1 John Boyd Engineering Tech ,II Meridian Public Works Department ~ t:;' '\hiQ.ToW-r.1:.L1O'r'T n Q111m......nn. SANITARY SEWER EASEMENT Cobre Basin Subdivision No.1 j/~f h .f/J"JhfJ&. '? THIS INDENTURE, made thisQ day 0"La..!<1~Li20b..?between Havasu Creek LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHJBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible forrepairing, replacing orrestoring 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 Cobre Basin Page 1 30210ss ease. doc any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this "easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Havasu Creek LLC ~~ Marty Gol mith, Member STATE OF IDAHO ) ) ss County of Ada ) On this / f5-111 day of a tI ~t.l S -f , 2063, before me, the undersigned, a Notary Public in and for said State, per onally appeared Marty Goldsrmth, known or identified to me to be a member of the limited liability company that executed the within instrument, and aclrnowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ...~~ ..~"rl"'t'''i - -c L tt .' ip\p . lib t" '-."9 ......... "To';; ,""<I e- e. ~ ~ "-,..; .(1 .. ..A_ ~ " . n TA. h.''''' .. e .,.." .{'( t... ~ ': ; ~.: ....r (:. ';";:.r~ : : ~ : * : "" I, ",\G.. :; 'LIt')..... .0 c. J... -- ." ..~ . ~ 0('\0 c~t.iljl a /.~ '-j, <11' ......c... "\\ ,'. ", 1i:.Q.." 1D to-- . GRANTEE:-'CnY. PF"MERIDIAN N~Jhof- ~ttUu7V NOTARY PUBLIC FOR IDAHO Residing ~f~ Cormnission Expires: g !~/ () 7 at Cobre Basin Page 2 30210ss ease. doc Robert D. Corrie, Mayor. Attest by William G. Berg, City Clerk Approved By City Council On: Cobre Basin Page 3 30210ss ease. doc EXHIBIT "A" DESCRIPTION FOR COBRE BASIN SUBDIVISION NO.1 CITY OF MERIDIAN SANITARY SEWER EASEMENT THROUGH FUTURE COBRE BASIN SUBDlVISIONJ AND UNPLATTED PHASES July 22J 2003 EASEMENT NO.1: AN EASEMENT FOR GRAVITY SANITARY SEWER LJNE CONSTRUCTION, OPERATION AND MAmTENANCE, LOCATED IN SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest comer of Section 31, TAN., R.IB., B.M., thence S 00030'06" E 813.94 feet along the west line of said Section 31; thence N 90000'00" E 1869.10 feet to a point on the Northerly boundary ofCobre Basin Subdivision No.1, the BEGINNING POINT of this centerline description; Said easement being 10 feet each side of the following described line: Thence N 00038'47" E 136.50 feet to a Point; Thence N 89021'13" W 272.54 feet to a Point; Thence N 4402111311 W 61046 feet to a Point; Thence N 00038147" E 386.54 feet to a Point; Thence N 89021113" W 115.76 feet to a Point; Thence N 00038147" E 56.00 feet to the ENDING POINT oftms centerline description; EASEMENT NO.2: AN EASEMENT FOR PRESSURE SANITARY SEWER LJNE CONSTRUCTION, OPERATION AND MAmTENANCE, LOCATED m SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEmG MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest comer of Section 31, TAN., R.IB., B.M., thence S 00030'06" E 186.58 feet along the west line of said Section 31; thence N 90000'00" E 1438.89 feet to the BEGINNING POINT of this centerline description; Said easement being 10 feet each side of the following described line: 3021O-Ssease 1. doc Thence N 00038'47" E 95.04 feet to a Point; Thence N 45014'16" E 10.71 feet to a Point; Thence S 89045'44" E 952.27 feet to a Point; Thence S 44045'4411 E 9.32 feet to a Point; Thence S 00037'5T' W 578.08 feet to a Point; Thence S 44045'44" E 8.52 feet to a Point; Thence S 89045'35" E 568.13 feet to a Point; Thence S 44045'44" E 11.41 feet to a Point; Thence S 00014'25" W 77.81 feet to a Point; Thence S 63001'30" E 13.97 feet to the a point on the Westerly boundary of Havasu Creek Subdivision No.3, the ENDING POINT of this centerline description. P Michael E. Marks, P.L.S. No. 4998 3021 O-Ssease l.doc N. MERIDIAN ROAD ~ ~ .._ ._. '_. ._._. S OO'JO'OS. W R. 1 W. -. .-. .-. '---'-1': :-. 's27.ji"-' '---rj88.58'~ -R.l E:- . ~ '. 1 '. . .. . . '81194'1' .' tNf!2 ] ....r' 1 1 1 1 ] ~: I ~ S2 1<:: ~ I ~~ I"" ~ 1 G? G') I~ ~ 1<:: "U"U I_ B 1<.0 o~ I~ l~ ~~ I~ 25 1<::> l;::1 f"Tl I ~ l~ ~O) I~ I' ~2 I~ g; 1"'1 ~ ~ I~ I f"Tl 1- ~- ::: ~ Zz 1 . ~ I!Q P P I I ~:~ N~~: _: I I I I . I I I '-\l-Tl--jn-r1iU 'l"'7\T-rrr-L~ L7 <O'. 1 I i / ~A. I I LA- I ~ _ I I C __c" I I - I ~IT - - I . I 0 I S - - - ;L~' J - - III:'j i- ~ i r;g -t-L1 ~!~I~ - -: i~ j-- ;J' iiiiiiiii:= f--I.~ i= L--'tij: !i!', _ ~ ~..~ ~ = '"I ~ El =1 l ~.. P=t}' ~ ~~'I!i~ I---~ ~ I-- ,/ r '0 _ -r- I--- [j I > .-t=' L-- I - L----; I 1_ I I: t:;t T l---- ,-k ~ ='0 f1~CI'I' ~ ~y ~'I ~ ~ i= f=J -- " 1 ~+- q ~ I := -i---- ~L15 i ~ -l- ~ I ...r~\\\rrTl-r-r~ (:' i u LL1 \ Lp 1(/1 . l;~l I J~~-"-- ~ ~ I ~I --1-1. r-- G") I k;: =-= - 1 [[[[]J:= ~ i IIIITJ Ernm~~ i L'-_LLJ ~ J: : i ttt;i~~ N i ~! lri i SANITARY SEWER EASEMENT CITY OF MERIDIAN REVISION ; BY, SHEEr : 1 OF 1 LOCATED IN THE NORTH 1/2 OF SECTION 31 T. 4 N., R. 1 E., 8.M. MERIDIAN, ADA COUNTY, iDAHO DWG DATE: DWG NO. I SCALE; 07/17/03 KDH 30210 1"= 500' EXH~B~T B 3021 D-SSEASE1.DWG ( NUMBER L1 L2 L3 L4 L5 L6 L7 L8 L9 Ll0 L11 L12 L13 L14 L15 L16 ..., ~ '" ;;; '" 0 '" ~ ..., - 1~---?i:: z ~ 0 ~ !::l 8 g; . 1.ANii~ r. ~' ~ t- "9 fo')f I ~~rf~~~ 91ABL E. y..~ LINE TABLE DIRECTION N 00'38'47" E N 89'21'13" W N 44'21'13" W N 00'38'47" E N 89'21'13" W S 00'38'47" W S 00'38'47" W S 45'14'16" W N 89'45'44" W N 44'45'44" W S 00'37'57" W N 44'45'44" W S 89'45'35" E S 44'45'44" E S OD'14'25" W S 63'01'30" E DISTANCE 136.50 FT 272.54 FT 61.46 FT 386.54 FT 115.76 FT 56.00 FT 95.04 FT 10.71 FT 952.27 FT 9.32 FT 578.08 FT 8.52 FT 568.13 FT 11.41 FT 77.81 FT 13.97 FT BRIGGS ENGINEERING, INC. ./ .~. ~"":-""" ([ BRIGGS] ~.,.., :....---- ENGINEERS PLANNERS SURVEYORS 1800 W. OVERlAND ROAD · 801SE, IDAHO 83705 · (208)344-9700 ( SANITARY SEWER EASEMENT Cobre Basin Subdivision No.1 THIS INDENTURE, made this$!! day of~, 20 I'Jbetween M3 Properties LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: VVHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and VVHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and VVHEREAS. it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Cobre Basin Page 1 3021 Oss~hav3 .doc any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: M3 Properties LLC STATE OF IDAHO ) ) ss County of Ada ) On this 15fkdayof 1<.1~ ()~ f ' 20G before me, the undersigned, a Notary Public in and for said State, pe onally appeared Justin Martin, lmown or IdentIfied to me to be the managing member of the limited liability company that executed the within instrument, and aclmowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fiw.MS:}ye written. "" ." ~,"';~\I E AR";:'III _,:; c, ........ 0 ", !It-.. .. r"..; ." ':'" . '""'" "I ... ti" · '-' . I,,' ~OT.<\ b'..:. =*, ~;...: = I ....~ : : : ~ :: ~rJl., lJSL\C" *E \".>. .' .: ""'.., .... ~<< )>~ ..._.... ~ \) ~.." ~#~1. Of lOp.. """,.... GRANTEE: cir,,~p'~RIDIAN Cobre Basin NOTARYPUBL~AY Residing ~a...~o ! / Commission Expires: 5 7(lJ'1 at Page 2 3021 Oss-hav3 .doc Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Cobre Basin Page 3 3021 Oss-hav3 .doc EXHIBIT "A" DESCRIPTION FOR COBRE BASIN SUBDIVISION NO.1 CITY OF MERIDIAN SANITARY SEWER EASEMENT THROUGH PROPOSED HAVASU CREEK NO.3 SUBDIVISION CITY OF MERIDIAN, IDAHO July 22,2003 AN EASEMENT FOR GRAVITY SANITARY SEWER LINE CONSTRUCTION, OPERATION AND MAINTENANCE, LOCATED IN SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE P ARTICULARL Y DESCRJBED AS FOLLOWS: Commencing at the northwest comer of Section 31, TAN., R.IE., B.M., thence S 00030'03" E 773 .33 feet along the west line of said Section 31; thence N 90000'00" E 2999045 feet to a point on the Westerly boundary of proposed Havasu Creek Subdivision No.3, the BEGINNING POINT ofthis centerline description; Said easement being 10 feet each side of the following described line: Thence S 63001'30" E 157.99 feet to a Point; Thence S 00033141" W 375.61 feet to a Point; Thence S 20059145" E 76.28 feet to a point on the centerline of an existing sanitary sewer easement, the ENDING POINT of this centerline description. "Michael E. Marks, P.L.S. No. 4998 3021 0-Ssease2. doc N. MERIDIAN ROAD ( U)l\:! 0)01 ~ '" '" ;::; '" ~ ~ ;...31~ - ~ ;;; '" '" I a 8 gj ===p z l--- c I r- r ........ ~ I V.N~ro I I"Tl [ , :;:0 I I I t-t I , , <.n <.n (J") J-..l I I r-.."OmO Z I qq~;o M I UlV.01Tl <.oV.-o I c:c 4:>-" ~ w =l 8 Ul~OO z . . . z ~ :z r"T1:::EfT1 :;> Z. G"> td -0 0 t-t ~ -J~~S2 M ?'3U"l.-..JU') N~ . --I O'J~~~ ::::j::::j::::j~ REVISION , BY: BRIGGS ENGINEERING, INC. SANITARY SEWER EASEMENT CITY OF MERIDIAN HGlN Rrll; [ BRIGGS J SHEET , 1 OF 1 LOCATED IN THE NORTHEAST CORNER OF SECTION 31 T. 4 N., R. 1 E., 8.M. MERIDIAN, ADA COUNlY, IDAHO ENGINEERS PLANNERS SURVEYORS 1800 W. OVERlAND ROAD · BOISE, IDAHO 83705 · (208)344-9700 EXH~B~T B DWG DATE: DWG NO. 07/22/03 KDH 30210 30210-55 EASE2. DWG SCALE: 1 "= 500' WATER MAIN EASEMENT Cobre Basin Subdivision No.1 THIS INDENTURE, made this ~day of J/v, , 201l.1.between M3 Properties LLC, the parties ~ ofthe first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; \VITNESSETH: 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 and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a 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 main and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Cobre Basin Page 1 3021Owat-hav3.doc any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this "easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed ofthe 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: M3 Properties LLC J~Z::::: STATE OF IDAHO ) ) ss COlUlty of Ada ) On this <;J+~ay of AvJ U5 i- ' 20 Q1, before me, the undersigned, a Notary Public in and for said State, p sonally appeared Justin Martin, Imown or identified to me to be the managing member of the limited liability company that executed the within instrument, and aclmowledged to me that such limited liability company executed the same. IN WITNESS 'WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~,.,.".. ""11, ~"", ~ ~ V E -4" "" , S .......... 4:0'#". ~ --- .. .':; 0:. ~ T .."" - :....{ NO.,.....A .0 ~ :~ ~. \ . : 1 .... J.... : · A , : : . ~ .- \~... U8L1C ...*i \. ., ;.. .. ...:- """ l? ...........0 ...... '1',.' OR ~ ...... GRANTEE: C~ilt4~IAN Cobre Basin ~~ NOTARY PUBLIC FOR IDAHO Residing -::r.:o!Q... 4. 0 Commission Expires: 5 /7 ! a i at Page 2 3021 Owat-hav3 .doc Robert D. Corrie, Mayor. Attest by William G. Berg, City Clerk Approved By City Council On: Cobre Basin Page 3 30210wat-hav3.doc EXHIBIT "A" DESCRIPTION FOR COBRE BASIN SUBDIVISION NO.1 CITY OF MERIDIAN WATER LINE EASEMENT THROUGH HAVASU CREEK SUBDIVISION NO.3 July 22,2003 AN EASEMENT FOR WATER LINE CONSTRUCTION, OPERATION AND MAINTENANCE, LOCATED IN SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BElNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of Section 31, TAN., R.IE., B.M., thence S 00030'06" E 1805.72 feet along the west line of said Section 31; thence N 90000'00" E 3116.05 feet to a point on the westerly boundary of proposed Havasu Creek Subdivision No.3, the BEGINNING POINT of this centerline description; Said easement being 10 feet on each side of the following described line: Thence S 84016'07" E 37.56 feet to a Point; Thence S 89043'01" E 107.39 feet to a Point; Thence N 00034'16" E 313.53 feet to a Point; Thence N 09007'32" W 79.51 feet to a Point; Thence N 19048'0811 W 44.61 feet to a Point; Thence N 30028'44" W 39.70 feet to a Point; Thence N 30028'44" W 58.26 feet to a Point; Thence N 19007'2811 W 55.01 feet to a Point; Thence N 09016'54" W 53.14 feet to a Point; Thence N 00033'41" E 359.65 feet to a Point; Thence N 67047'55" E 37.82 feet to a Point; Thence S 89057'51" E 99.30 feet to a point on the Easterly boundary of Havasu Creek Subdivision No.2, the ENDING POINT of this centerline description. 30210-wease2.doc tuN m 01 R. 1 W. '-"~-R.1E:- tutu ~F ! I I I I I I I ~i II ~] i~ 11 .. ']1 E:: II .1i: ii I~ : I ::0 "0 I I E; 0'. -~I I I I I I I I I I I N. MERIDIAN ROAD "-"-1'-"- J-' .-. '-si;'riJo'o5'''E/S05.72 '-'- J I J J I I J=<:: J J~ J~ I~ I~ I,.,., II.., I::::: I~ I~ I J ] ] ] ] REVISION , BY: SHEET ; 1 OF 1 ;:E--- ~ ", :;:0 eo I c:'" :z8 ",z z ~~ "'-0 i!'i'iQ zz -l-l l--- I I [ I I I 30210-WEASE2.DWG EXH~B~T B LOCATED IN THE NORTHEAST CORNER OF SECTION 31 T. 4 N., R. 1 E., 8.M. MERIDIAN. ADA COUNTY. IDAHO DWG DATE: DWG NO. 07/17/03 KDH 30210 SCALE: 1 "= 500' EXHIBIT "B" '" '" o ;;:; '" ~ '" ~l~ ;;; '" - ~ 0 ----:Je-' El 8 1;; z !::~~r-r-r-r-rr-r-r-r--~ r--.J.......Ioo<.OCO-JO"J-t.n...p..G-.lN-OJ ITI ;;:0 ZZZZZZU)ZZu)U)U) CDmaO---llc......JC,..J........OOOJCDD c.q-Jqt.qc.qqqc.qc.qqr-q-Fr;SJ CJ"I..,J::a.C,....I-Ot-vt....,)~O(....l...J30.-,..,., "L-.......l0JO>-........JQ)CDOO-...J";:"'0.lm("") ()'1 O1-+o1r-..5"':~Oc....j---o"o:=J ---Io..()1""'" 4:a- co ~..;:. Q:lo.f'..:l. 0> - -.J 0 . , = = , , , = = , , =% ::;;;f'TlITI::;;;::E::EITI::E::E::E1'Tl1TI r - Z t:rj ~ > t:d r t?-j <.D'-"~U1U1U1'-"""-.J~O<.NO ~;-J(.O$-N$J1~~;P-~VJ-.J~V5 (".lCOm-ON-.....Jc:nC,)1~ . 01~ Cl'V()'1~.....cno......-~~m~ ~~:::J:::J:::j::j::j:::J:::j:::j:::j~~ BRIGGS ENGINEERING, INC. ~ ( BRIGGS ) ENGINEERS PLANNERS SURVEYORS 1800 W. OVERWlD ROAD · BOISE, IDAHO 83705 · (208)344-9700 pn.~~~_" L 5 WATER MAIN EASEMENT Cobre Basin Subdivision No.1 1t::.+J1. ~ A:2. THIS INDENTURE, made this il day 0 ... 20~between Havasu Creek LLC, the parties of the first part, and hereinafter called the Grant rs, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a 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 main and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSL Y UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Cobre Basin Page 1 30210 watease any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above vvritten. GRANTOR: Havasu Creek LLC ~ M~ember STATE OF IDAHO ) ) ss County of Ada ) On this 16 -1n day of Ci t/ ~t{ :5 -I , 2063, before me, the undersigned, a Notary Public in and for said State, per onally appeared Marty Goldsmith, mown or Identified to me to be a member of the limited liability company that executed the within instrument, and aclmowledged to me that such limited liability company executed the same. IN WITNESSJV.H~OF, I have hereunto set my hand and affixed my official seal the day and year :(is~'\1e ~tt~. . .. .c.~ ...........0 A'.... Jl'WJtJof 6M .q v .. . "P .. J' f1) J. <.... l ~OTA.l? \,~ '\ p , ~t1....J . r .] ... * : c..--. : : ~ : * : , .. PUBL\c': E 'tJ':. ... ':. :A.. .. 0 ,," -# -r" -. .. -oLio..... 4.t ", -1:r ....... ?>'"~ ........ 'i'ii lJ OF l\) ........ ..-,f'.f;.... J:II f!" t "....."~ NOTARY PUBLIC FOR IDAHO Residing 6~/~M Commission ExgJ~ / ~ 7 at GRANTEE: CITY OF MERIDIAN Cobre Basin Page 2 30210 watease Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Cobre Basin Page 3 30210 watease EXHIBIT "A" DESCRIPTION FOR COBRE BASIN SUBDIVISION NO.1 CITY OF MERIDIAN WATER LINE EASEMENTS THROUGH PROPOSED COBRE BASIN NO 2 AND HAVASU CREEK NO.2 SUBDIVISIONS July 22,2003 AN EASEMENT FOR WATER LINE CONSTRUCTION, OPERATION AND MAINTENANCE, LOCATED IN SECTION 31, TOVVNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT NO. 1 Commencing at the northwest comer of Section 31, TAN., R.IB., B.M., thence S 00030'06" E 1251.97 feet along the west line of said Section 31; thence N 90000'00" E 2454.81 feet to a point on the Northerly boundary of Cobre Basin Subdivision No.2, the BEGINNING POINT ofthis centerline description; Said easement being 10 feet each side of the following described line: Thence S 21001'24" E 95.32 feet to a Point; Thence S 02031'24" E 92.10 feet to a Point; Thence S 04038'47" W 68.88 feet to a Point; Thence S 00D38'47" W 174.20 feet to a Point; Thence S 20034'56" E 37.29 feet to a Point; Thence S 41048'40" E 29.53 feet to a Point; Thence S 63002'23" E 37.29 feet to a Point; Thence S 84016'07" E 562.14 feet to a point on the Easterly boundary ofCobre Basin Subdivision No.2, the ENDING POINT of this centerline description. 3021O-wease1.doc EASEMENT NO.2 Commencing at the northwest comer of Section 31, TAN., R.IE., B.M., thence S 00030'06" E 813.26 feet along the west line of said Section 31; thence N 90000'00" E 3289.09 feet to a point on the Westerly boundary ofHavasu Creek Subdivision No.2, the BEGINNING POINT ofthis description; Said easement being 10 feet each side of the following described line: Thence S 89057'5111 E 575.02 feet to a point on the Easterly boundary ofHavasu Creek Subdivision No.2, the ENDING POINT of this centerline description. Michael E. Marks, P.L.S. No. 4998 3021 O-wease 1. doc (' EXHIBIT "B" N. MERIDIAN ROAD cut\) S 00'30 'Orr If c>> 01 R 1 W ~'''4jiJ.7r' '--r" "-. 'sii26' . '-. ----:-:I -R: 1 E:- " . . . . . .. - -. -1''''51 l' . . . . ~ p ~, .9 . . -. -' - I 1 1 I I 1 1 I g) ",--- FlTl ~ (I ~'-1 G[;;C;S;G;~c;r::;~~ ~ .>---- ---I ---, ~ I ~ ~ ~ ~ h--':"\l.:zJ :: I 1_ 1-]- ~ 11- 1--'- I ~ I - I :e rrl rrl :e :e :e rrl :e rrl II TTl J L I 1:: j I I 'I T \~~-\: ~llfl- ~i + : : : t : ~ r=STn -: jf TCi,,~, -;;;-;-r 11: -J Ita : =1 ~ n : : ~, s - - - ~ ~I; = ~! 1l.:zJ ~~~ :~ t:: ~ i i; 1f -u ~~~F =~i I~ ~~~ =~ C -~ i i~.~ --~I~~1-2=li'E tJT>;:,' >I ~ =~ l i ~ = - ~, I -: I" I C -h: ~ I_-~V ~~ I'~ / ~ 1-"- 1__1 --; /_i_IG~/o11t? ~ -~-r\+ -1-1 --I --,---,-J- r-,- j -(I ~ ==F= .----..... ~I I I I I I I I I I I ; I \~ \ ,IL--- ~ I~ r- - _::-_~ I - - i '" t=' I~ 7/1 n -zl \\ :~ I ) I I Ii! ~"'l I I I I I I - 11--1 ~ ~ 1<;::> I 1 1-+ t- ~~, I 1-+ + 1-1- - Ic-J f!fH~ I~ I I I I e~:;l: I I I I I - -.!.- ~l ~ 5 :~ II 1 00..... I ~ b; Z-o I~ U 11-= 11- 1 - f-8l - = -+- ~ ~ ~ :~ I: 1 ~I / [-= 1- -+- - f-:3! - - I I -r4'll-T-T!' I 17 I / t = i- --j- - -: '- - I I \ \' \ ~\\! I! Ii ..-/1 k-/ .....- t-....... 1- -.-i />-....'----" kAVASN'" CRF.F.K ~ ;- -~~ \-.... := ~/" ~~ ~UJl\\\-~ - = ~ .--l- (- : I f- - --U; Ir-.--- ~ ~ Tl\ \-- J I '-- I EffiB !2z II --:\--l I rTI IJ = ""g~~ / ul-J/_LLL_LLJ ~ P.- ~ ~ I-- _L _ IF N ~ ~ rta~Akt - HI =1 WATER LINE EASEMENTS CITY OF MERIDIAN ~ z: (J) (J) Z z: (J) z: z: (J) I---l COcx>m-l>-MOoOMO Z ~~~:;:55~~ofg trj -..JmMCO-l>-COCX>-..J-..JO 0~ci~g::5~~~g ~ i:lI 'tII = :::::: '= ~ z: r---:J > b:l ~ M ;;; '" g '" ~ -----:lIe..., _ '0-.... '......l." , :-:::; ;;:: ~ ~~t.NNVJ"-.IcntOC'OCJ (.TJN:-.J~:-J..p..~I'-.)s-nU5 ~ . ~01~. co t...!-1 ~-+:a-c.ot.NC'O~Q:)or-.,:,~ :::J:::J~~~=i~~~~ 8 ..., '" '" 1- l\ : '~n\1 hH!\'g -l. ~~ I6'r~J i;/If1 ~I ~ W'v,"~ Oi '" V~/l'ib~\\>~$ ~A~~~Y 1 3021 0-WEASE1 . DWG LOCATED IN THE NORTH 1/2 OF SECTION 31 T. 4 N., R. 1 E., 8.M. MERIDIAN, ADA COUNTY, IDAHO DWG DATE: 1 OWG NO. I SCALE: 07/17/03 KDH I 30210 1"= 500' I BRIGGS ENGINEERING, INC. ~ C BRIGGS ) REVISION : BY; SHEET ; 1 OF 1 ENGINEERS PLANNERS SURVEYORS 1800 W. OVERlAND ROAD · BOISE, IDAHO 83705 · (208)344-9700 EXH~B~T B August 29,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 2, 2003 ITEM NO. 3.-~ REQUEST Change Order No. 1 for 2003 Sewer Cleaning - C-More Pipe: 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: MERIDIAN POST OfFICE: OTHER: See Attached Memo / Change Order ~r Contacted: EmaUed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. ~ "" " GityrofMeridian ~""; ,,', " eu6Iic,Wo~~ QeRt.f "'~: ""~, ~." ":: " ., 'V??":; '" m RECEI-VED AUG 2 8 2003 To: Brad Watson From: Lenard GradY"fJ!1. . CC: Gary Smith Date: 8/21/2003 Re: Proposed Agenda Items for September 2, 2003 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests the following items be placed on the September 2 City Council consent agenda: 2003 Sewer Cleanina - Chanae Order #1 - Final C-More Pipe was awarded this contract for $58,491.00. Additional pipe, mostly comprised of 8" line, needs to be cleaned. The increased cost is $2,048.59. Recommended Council Action: The Public Works Deparbnent recommends that City Council approve the final change order with C-More Pipe for $2,048.59 for additional 8" cleaning service and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of.. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertowcr, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887-1297 gradyl@Ci.meridian.id.U5 WORKCHANGEDnmCT~ No.1 - Final DATE OF ISSUANCE 9/9/2003 EFFECTIVE DATE 9/9/2003 OWNER: City of Meridian CONTRACTOR: C-More Pipe Contract: 2003 Sewer Cleaning Project: OWNER's Contract No. City Council Approval: 9/2/2003 You are directed to proceed promptly with the following change(s): Description: Additional cleaning services. Purpose of Work Change Directive: Clean pipes which were overlooked. Attachments: If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: o Unit Prices o Lump Sum not to exceed o Cost ofthe Work Estimated increase (decrease) in Contract Price: $ 2.048.59 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase (decrease) in Contract Times: Substantial Completion: N/ A days; Ready for final payment: N/A days. 7!:tED: A lG""ER ..1l4 ~ By: E,J!4tlO A- C]/l..A.Ay AUTHORIZED: OWNER By: Robert D. Corrie. Mayor EJCDC No. 1910-8-F (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Conslmction Specifications Institute. Attest: William G. Berg. Jr. City Clerk WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. Ifthe Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked UNot Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 1O.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTL Y. August 29,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 2, 2003 ITEM NO. 3- tI REQUEST Agreement for Professional Services for Sewer Master Plan Update - JUB Engineers: 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 Agreement v-U wyf-O Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Rublic Works Dept. Memo To: Mayor Corrie & City Co~~ From: Brad Watson, P.E. //v:t~J CC: File, Gary Smith, PE, City Clerk Stacy K, John Shawcroft Date: 8/28/03 He: Consent Agenda Item for September 2 City Council Meeting Agreement for Professional Services - JUS Engineers Sewer Master Plan Update E .EIVED AUG 2 8 2003 City Of Meridian City Clerk Office I am requesting approval of an agreement for professional services with JUS Engineers to update the 1998 Sewer Master Plan. Carollo Engineers is currently completing the Wastewater Facility Plan Update (FPS). Part of DEQ's requirement for an approved FPS is a conection system analysis and capital improvement plan. When the agreement was negotiated with Carollo Engineers, I anticipated being able to accomplish the task myself. However, with the pace of development over the last year, I have not and do not anticipate having time to do this work "in-house." Particularly time-consuming will be updating the computer model land uses to match the 2002 Comprehensive Plan land use designations and the revised population concentration changes associated with it Also, so much sewer has been built in the last year that simply incorporating "as-builf' facilities will take some time. We asked JUS Engineers to provide this proposal because 1) Carollo Engineers does not have local people who perform this type of work, 2) JUS prepared the 1998 plan and is intimately familiar with our collection system. My second request is that your approval include a budget line item transfer of $23,500 from 3500-96109 "UV /Five Mile Creek Outfall Project" to 3500-96151 "WWfP Predesign of Capital Projects." The UV/Five Mile Project is essentially complete and has approximately $142,000 left. The wwrp Predesign line item contained $248,500 and Carollo's contract amount is $240,600. We want to retain approximately $8,000 in the account beyond Carollo's contract for final printing costs, exhibit preparation for the public hearing and any unforeseen extra tasks required by DEQ beyond what is in Carollo's scope of services. A copy of the signed agreement is enclosed for your review. . Page 1 Recommended Council Action: Approve the agreement for professional services with JUS Engineers for the sewer master plan update in a time and materials not-to-exceed amount of $23,401; approve the budget line item transfer of $23,500 from account #3500-96109 to #3500-96151, and authorize the Mayor to sign and City Clerk to attest the agreement. Thank you for your consideration. /~ . Page 2 ~ ~ f"J.U.8.l --- En;a;nccrs Surveyors Phmncrs ( . ( J-U-B ENGINEERS, 'Inc. AGREEMENT FOR PROFESSIONAL SERVICES PHK 096 "[' J-U-B Project No.: 11950 THIS AGREEMENT entered into this _ day of September. 2003, belween City of Meridian hereinafter referred to as the "CLIENT' and J-U-B ENGINEERS, Inc., an Idaho corporation of Boise, Idaho hereinafter referred to as "J-U-B", WITNESSETH: WHEREAS, the CLIENT intends to update 1998 Sewer Moster Plan, hereinafter referred to as the PROJECT; NOW, THEREFORE, the CLIENT and J-U-B in consideration of their mutual covenants herein agree in respect as set forth below. CLIENT INfORMATION AND RESPONSIBIlITIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENT's requirements for the Project induding design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which CLIENT will require to be included in the Drawings and Specifications. The CLIENT will furnish to J-U-B, as required for performance of j.U-B's services, data prepared by or services of others, if available, including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use reslrictions; and other special data or consultations as may be available, all of which J-U-B may use and rely upon in performing services under this Agreement. The CLIENT will arrange for access to and make all provisions for j-U-B to enter upon public and private property as required for J-U-B to perform services under this Agreement. In addition. Ihe CLIENT will furnish to J.U-B: Items listed in Section 2 of Attachment "A". SERVICES TO BE PERFORMED BY J-U-B J-U-B will complete those items listed in Section 3 of Attachment "A". SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said services as follows: In a timely manner. BASIS OF FEE AND BILLING SCHEDULE The CUENTwill pay J-U-B for their services and reimbursable expenses as follows: On 0 time and materials basis with an estimated budaet of $23.401. For ci breakdown of the tees. refer to Attachment "B". File Folder Title MERIDIAN - Update Sewer Moster Plan Remarks: The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J-U-B: CITY' OF MERIDIAN NAME 33 E. Idaho Street STREET Meridian CITY' ZIP CODE 10 STATE 83642 ZIP CODE BY (Signature] Robert Conie NAME TITLE Project Manager Mayor TITLE DISTRIBUTION: White - J-U-B Corporate File Yellow - J-U-B Office File Pink - J-U-B Project File GoldenRod - ClIENT File BY (Signature) NAME TITLE .l-U-B -0] J-U-B ENGINEERS, Inc. TERMS AND CONDITIONS GENERAL j-U-B shall provide for CLIENT professional engineering and/or land surveying services in all phases of the Project to which this Agreement applies. These services Will include serving as CLIENT's professional engineering or land surveying representative for the Project, providing professional consultation and advice in accordance with generally accepted professional practices for the intended use of the Project and makes no other WARRANTY EITHER EXPRESSED. OR IMPLIED. J-U-B shall not be responsible for acts or omissions of any party involved in the services covered by this Agreement other than their own or for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by J-U-B. J-U-B has not been retained to supervise, direct or have control over Contractor(s) work nor shall J-U-B have aulhority over or responsibility for the means, methods, techniques. sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incidenllo the work of Contractor[s) or for any failure of Contractor{s) to comply with iaws. rules, regulations, ordinances, codes or orders applicable to Conlractor(s) furnishing and performing their work. Accordingly, J-U-B can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Con1rac1or(s)' failure to furnish and perform their work in accordance with the Contract Documents. In soils investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly beJween successive test points and sample intervals. J-U-B will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnished by others. Resetting of survey and/or construction stakes shall consmute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST Since J-U-B has no control over the cost of labor, materials, equipment or services fumished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, J-U-B's opinions of probable T 0101 Project Costs and Construction Costs provided for herein are to be made on the basis of J-U-B's experience and qualifications and represent j-U-B's best judgment as an experienced and qualified professional engineer, familiar with fhe construction industry; but J-U-B cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs wiJI not vary from opinions of probable cost prepared by j-U-B. If the CLIENT wishes greater assurance as to Total Project or Construction Costs, CLIENT shall employ an independent cost estimator. J-U-B's services to modify the Project to bring the Construction Costs within any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT. REUSE OF DOCUMENTS All documents and magnetic media including Drawings and Specifications prepared or furnished by J-U-B pursuant to this Agreement are Instruments of service in respect of the Project and J-U-B shall retain an ownership and property interest therein whether or not the Project is compleled. Any reuse without written verification or adaptalion by J-U-B for the specific purpose intended will be at CLIENT's sole risk and without liability or lega[ exposure to J-U-B and CLIENT shall indemnify and hold harmless J-U-B from all claims, damages, losses and expenses arising out of or resulting therefrom. CONTROLLING LAW This Agreement is to be governed by the law of the State of Idaho, principal place of business of J-U-B. SUCCESSORS AND ASSIGNS CLIENT and j-U-B each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and J-U-B are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives of such other party, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed fo give any rights or benefits in this Agreement to anyone other than CLIENT and J-U-B, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefi1 of CLIENT and J-U-B and not for the benefi1 of any other party. TIMES OF PAYMENTS j-U-B shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due J-U-B for services and expenses within ten (10) days after receipt of J-U-B's statement therefor, the amounts due J-U-B will be increased at the rate of 1% per month from said tenfh day, and in addition, J-U-B may, affer giving ten days' written notice to CLIENT, suspend services under this Agreement until J-U-B has been paid in full all amounts due tor services, expenses and charges. TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' wriffen notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If this Agreement is terminated by either party, j-U-B will be paid for services rendered and for Reimbursab[e Expenses incurred to the date of such termination plus an allowance for demobilization costs as determined by J-U-B. RISK ALLOCATION The CLIENT is aware of the risks, rewards, and benefits of the project and J-U-B's total fee for services. The risks are hereby allocated such that the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT for all injuries, claims, expenses, damages or claims expenses arising out ot this agreement from any cause, shall not exceed the fees for services rendered on this Project. Such causes include, but are not limited to, J-U-B's negligence, errors, omissions. strict liability and breach of this Agreement. HAZARDOUS WASTE AND ASBESTOS In consideralion of the unavailability of professional liability insurance for services involving or related to hazardous waste elements of this Agreement.. or for fhe removal or encapsulation of asbestos, it is further agreed that 1he CLIENT shall indemnify and hold harmless j-U-B and fheir consultants, agents and employees from and against all claims, damages. losses and expenses direcf and indirect, or consequential damages, including but not limited to fees and charges of attorneys and court, mediation or arbitration costs, arising out of or resuJling trom the performance of the work by J-U-B, or claims against j-U-B related to hazardous waste or asbestos activities. MEDIATION BEFORE LITIGATION No action or lawsuit shall commence nor recourse to a judicial forum be made (hereinafter "litigation"} until CLIENT. J-U-B, and/or other Parties of Real Interest have commenced, parficipated in and concluded nonbinding medialion, pursuant to the rules of mediation. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses, including attorney's fees as may be set by the Court. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations or agreements. either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B. J-U-B -01 J-U-B ENGINEERS, Inc. Project 11950, Attachment 'A' ---- ~ "-U~ CITY OF MERIDIAN - 2003 SEWER MODEL UPDATE J-U-B Project No. 11950, ATTACHMENT (fA" AUGUST 2003 SECTION 1 - PROJECT UNDERSTANDING The City intends to update their 1998 sewer master plan model(ultimate system) to reflect changes in land use, service area, constructed trunk system, and future trunk system. In addition to the updating the City's master plan model, a brief summary update report will be prepared. SECTION 2 - ITEMS PROVIDED BY THE CLIENT The City shall provide J-U-B the following items at no cost: D Provide updated copy of existing sewer model. D Provide COMPASS base mapping in the study area. D Provide digital copies of preliminary plans, final plats, concept plans, record drawings, and any other pertinent available drawings that may affect future trunkline routing. D Provide a copy of the comprehensive plan. SECTION 3 ~ SERVICES TO BE PERFORMED BY J-U-B J-U-B shall furnish data and services specifically limited to the following for the 2003 Sewer Model Update Project: D Create base mapping to include COMPASS aerial topographic mapping. D Perform spot topographic survey at critical drain crossings and pipe inverts. o System: Merge Master Plan with current existing system model. Modify model for Preliminary Plats. Revise ground and drain crossing elevations in Master Plan to reflect COMPASS ground surface elevations. o Service Area: Check and modify service area for merged system. Modify service area where preliminary plats are available. Modify to reflect changes in area of impact. D Land Use: Review with the City's adopted Comprehensive Plan. Meet with the City and modify for service areas. Modify to reflect changes in area of impact. D Perform minor detail analysis for North Slough and McDermott Lift Station areas. o Run updated Model and troubleshoot. o Submit four (4) copies of a draft Master Plan update report. D Meet with the City to review model results. o Finalize and submit six copies (6) of Master Plan update. F;\pM\phk\ 11950.meridian sewer master plan update\ 11950-pm\contract-bilting\attachA.doc City of Meridian -2003 Sewer Master Plan Update Page - 1 w ~ Co C l- e.. z ::l w zz :i: :::!::) :z:: 9e.. 0 0:::0::: ~ Ww ~ :i:1- 11..(1) Q 0< It) >-:i: en .... 1-0::: .... -w I- Os: 0 W w rn "'") <'? 0 Q 0::: Q e.. N C') 0, o ~ [D t:! CO 0, 0, 00 00 00 m 0, -.::- -.::- ..a N 0 N 0'> N l-n ..- 0'> ..... -m'. In ..- -.::- m ..0 m ..0 N l=2 In ..- l-n .... 0, ..... l-n a 0'> 0 In In -.::- -0 ,... ,... a- D N Ln ...... Ln l(') l(') a- 0 "l' .:.:: ..... .... 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C " (.) ;;j: "- c\ VI '" "E " a. 0; ;;; " E '" ;. m " " '5 .~ Ii' o VI ~ 12 :c ~ '" '" '" " '" ::;: <; .!!l, e "- ~ :0 ::> a. .. ~ '" '0 m ", August 29, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT September 2, 2003 ITEM NO. 3- { REQUEST Approve Bills: 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: ~ tJirro Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeUngs shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL CIC 09/02/03 IN THE MATTER OF THE ) APPLICATION OF BRIGHTON ) DEVELOPMENT COMPANY, LLC ) FOR APPROVAL OF 37 BUILDING ) LOTS AND 1 OTHER LOT ON 10.66 ) ACRES IN AN R-8 (PD) ZONE FOR ) QUENZER COMMONS ) SUBDIVISION NO.4, LOCATED ) WEST OF LOCUST GROVE, y,; ) MILE NORTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) CASE NO. FP-03-045 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on September 2, 2003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: September 2,2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and David Turnbull, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING QUENZER COMMONS SUBDIVISION NO.4, LOCATED IN THE NW ~ OF THE SE ~ OF SECTION 31, TAN., R.1E., RM., MERIDIAN, ADA COUNTY, IDAHO 2003, ENGINEERING NORTHWEST, LLC BOISE, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT 1 (FP-03-045) Page ] of 4 IDAHO, J:\HERITAGE_ COMMONS_ 4_030l400\Drawings\00_HERITAGE4_PLATl.dwg 7/25/2003,03-014-00, SHEET 1 OF 3, HANDWRITTEN DATE: 7-25-2003", Brighton Development Company, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning Department, dated: Hearing Date: September 2, 2003, listing 16 Conditions of Approval, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting oftlrree pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 2,2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: 1. Provide a fire flow per the Unifonn Fire Code Appendix III-A to service the project. Fife hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. All roads shall have a turning radius of 28' inside and 48' outside. 3. All fire lanes within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 4. Operational fire hydrants and temporary Of permanent street signs are required before combustible construction begins. UFC 901.4.2 and 901.3 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT! (FP-03-045) Page 2 of 4 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that an off-site improvements are completed andlor the appropriate letter of credit or cash has been issued ijUaranteeing the completion of off-site and required on-site improvements. 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 fegulatory taking analysis. Such fequest 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 fOf 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 967-6521. An affected person being a pefson 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. ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT I (FP-03-045) Page 3 of4 By action of the City Council at its regular meeting held on the z.. (\ d day of ,~ 0'J~~ ,2003. By: kT\~--~. ~ '/~?;~r-~.t~- ~ ~A . L ,. /&'"'A"I d' ..~ r ~;;~~;'.c-.""~-"~..'e---._,:;'..", ROBERT D. CORRIE Mayor, City of Meridian Attest: d#-AiX-l:I~' William G. Berg, Jr., City Clerk ByJ~.~ffirr; Copy served upon Applicant, the Planning and Zoning Department, Public Works DeofH1m,ent, \\\If' 1/// and City Attorney. ",\\\~ OF MflTtalllll/ " ~ '0 /..-;.. j' (j rP'f\POR4 h ~ ~ ~ ~ t$'o S ""-." - ~. ~ q...Zl!f:-(}3 ~ ~ Dated: Z:\Work\M\MeJidian\Meridian 1 5360MlQuenzer Commons Sub. NO.4 FP-03-045\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-045) Page 4 of 4 MAYOR Robclt D. Corrie HUB OF TREASURE V ALLEY A Good Place to Live LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Chcrie McCandless William L.M. Nal)' CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433, FAX (208) 887-4813 City Clerk Officc Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 STAFF REPORT: Hearing Date: September 2, 2003 To: Mayor, City Council and Planning & Zoning Commission (Ill. Sonya Allen, Planner I () .c-.:::;;f Bruce Freckleton, Senior Engineering Tech. ~ From: Re: Quenzer Commons Subdivision No.4 · Request for Final Plat Approval of Thirty-Seven (37) Residential Building Lots and One (1) Other Lot on 10.66 Acres in an R-8 Zone (P-D) for Quenzer Commons No.4, by Brighton Development Company, LLC (File No. FP-03- 045). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Brighton Development Company, LLC, has requested final plat approval of the fourth phase of Quenzer Commons Subdivision. This phase of the subdivision consists of 37 residential building lots and 1 common area lot located west of N. Locust Grove Road, approximately 1A milcnorth of E. Ustick Road. A Conditional Use Permit for a Planned Development (File No. CUP-02-007) has been approved for this subdivision allowing a portion of the subdivision to be developed in a commercial manner. Phase four of the proposed subdivision includes only residential uses. In Phase I of this development, the applicant requested ornamental street lights. The City and applicant entered into a Street Light Agreement that was recorded on October 16, 2002 (Inst. # 102119243). The recorded document specifically references Phase I of the development. The applicant has not requested ornamental street lights on this phase of the development. However, it would seem logical to extend the Street Light Agreement to this phase so that there are consistent street lights throughout the development. The proposed final plat substantially complies with the approved Preliminary Plat and the terms of the Conditional Use Permit. The landscape plan submitted with the final plat shows a FP -03-045 EXHIBIT "A" 1 OF 3 Staff c-onuncnls Mayor & City Council Hearing Date: September 2, 2003 Page 2 slightly different configuration of the common area lot, Lot 16, Block 17. The applicant has stated that the total open space shown on the preliminary plat was 45, 022 s.f. versus approximately 45,300 s.f. on Phase 4. Staff recommends approval of the final plat for Quenzer Commons Subdivision No.4 with the comments and conditions stated in this report. CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-007), Planned Development (CUP-02-007), and Development Agreement (Inst. No.1 02078396). 2. The pressurized irrigation system within this development is to be owned and maintained by the Home Owner's Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan Teview process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be Tesponsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Sanitary sewer and water service to these lots shall be via service line extensions from existing mains through the middle of the subdivision. 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. Add OT revise the following plat notes: (11.) Add Development Agreement Inst. No. 102078396. (12.) Add note: "All buildable lots are for single-family dwellings only. In addition, each single family structure shall be a minimum of L 101 square feet in size. excluding garage. " 6. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Re-align the "E. Washakie Street" name into the right-of-way. 8. Add the text "see note 1" to the dimensions of the easement affecting Lots 6-7, Block 23, FP ~3-045 Starr comments EXHIBIT "A" 2 OF 3 Mayor & City Council Hearing Date: September 2, 2003 Page 3 and Lot 4, Block 20. 9. Several bearing/distance calls in the legal description ofthe Certificate of Owner's don't match the corresponding bearing/distances shown around the boundary of the subdivision. Please make the necessary corrections to make sure they match. 10. Add "8.32 and S.5" to the section comer. 11. One Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 14. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 15. Provide sidewalks in accordance with City Ordinance Section 12-13-10-8. 16. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. RECOMMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. FP -03-045 St1:!If comments. EXHIBIT "A" 3 OF 3 WHITE PETERSON KEVIN E. On'lIus JULIE KLEL'I FISCHER WM. F. GIGRAY. [n T. Guy ['!AllAM' JILL HOLINKA D. SAMUELJOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS' CHRISTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHn.lpA.PETERSON ArrORNEYS AT LAW NAMPAOFFICE ERICA S. PHILLIPS 5700 E. FRANKLIN RD., ERIC S. ROSSMAN SUITE 200 TODOA. Ross~lAN NAMPA. IDAHO 83687-8402 TERRENCE R. WHITE" TEL. (208) 466.9272 NICHOLAS L. WOLLEN FAX (208) 466-4405 BEAR CREEK, LLC / BEAR CREEK NO.6 / FINAL PLAT - (FP- 03-046) <: r _ JJ_' . OO~ TOY irk cLc lA~ Nl --/+US aY'\)(, - J WO'-0 WcU 1<Y't. h-r ~ 'PaWJ\ Q.;w. ~ Lo S; \ rv 'S oJ; DLr2fy\)\l~d 0 VV\.-\--c~S [tV? d -lJtOvl~ hi thz ~'1DLd w cd U\r1 +lruw o\.-t~o. )!Vi CU'LUVr)., JCu:c{ firs ooovol +0 1)0. (It., (SY LoJl CY( 10-/4 -03 'Also admitted in OR ,. Also admitted in W A September 10, 2003 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Dear Will: Regarding the above referenced matter, plea ORDER OF CONDITIONAL APPROVAL OF FINAL Pl Mayor and yourself. Please serve a copy of the ORDER upo Service in the file and a copy to Planning and Zoning and Pul If you have any questions, please give me a ca Very truly yours, Wm. F. Nichols Z:\ Work\M\Meridian\Meridian I 5360M\Bear Creek NO.6 FP-03-046\ClerkFPltr 09 10 03.me BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BEAR CREEK, LLC FOR APPROVAL OF 31 BUILDING LOTS AND 2 OTHER LOT ON 10.49 ACRES IN AN R-8 ZONE FOR BEAR CREEK NO.6, LOCATED WEST OF MERIDIAN ROAD AND SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO C/C 09/02/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-046 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on September 2,2003) and the Council finding that the Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: September 2,2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Steve Arnold, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PRELIMINARY PLAT BEAR CREEK SUBDIVISION NO.6, LOCATED IN THE E Y2 OF SECTIN 24, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 02/20/03, DWG NO. 30206, SHEET: 1 OF 1 PRE, \30206-PRE.DWG ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-046) Page 1 of 4 BKB, REVISION: 2/28/03, 3/03/03 BY: MNM, HANDWRITTEN DATE: 3/3/03, STAMPED DATE: SEP 03 2003, STAMPED: RECEIVED SEP 04 2003 CITY OF MERIDIAN CITY CLERK OFFICE, BEAR CREEK, LLC - DEVELOPER, STEVE ARNOLD - PLANNER, BRIGGS ENGINEERING, INC.", BEAR CREEK, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner I for the Planning and Zoning Department, dated: Hearing Date: September 2, 2003, listing 18 SITE SPECIFIC COMMENTS and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 2,2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: 1. That a fire flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' 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 and 901.3 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. All radii shall be 28' inside and 48' outside radius. 5. Any dead-end exceeding 150' in length as the result of a phasing process will require an approved turn-around. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-046) Page 2 of 4 1.2 Comply with the conditions of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-046) Page 3 of 4 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. By action of the City Council at its regular meeting held on the z.nd day of s~~ ,2003. By: Attest: By~d-~r; Dated: q:- / C( - CS - : C' g ~ ~ "cs 0 2 ~() ~~ '/ ~ ~ ...... ........../ a ~5~1 .,..... '? ~o' r ,'-'I ~','" f/ /, t.~ ~ : ~ ~ I ., " If n: ' z:\ Work\M\Meridian\Melidian I 5360MlBear Creek No, 6 FP-03-046\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-046) Page 4 of 4 ~LlYOR Robert D. Corrie A Good Place to Live LEGAL DEI\\RTl\mNT (~08) 466-9~72 Fax 466-4405 CITY COUNCIL ME!\I13ERS Keith Bird Tammy deWcerd Cherie McCandless William Narv CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (~08) 888-4433 . FA"X (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC \'{fORKS BUnDING DIIPARTl\fENT (~08) 887-2211 . F;ax 887-1297 PLANNING AND ZONTNC; D EP;\ RT;\IENT (208) 884-5533 . FAX 888-6854 STAFF REPORT: Hearing Date: September 2, 2003 To: Mayor & City Council Sonya Allen, Planner I JIl. .c-;::::# Bruce Freckleton, Engineering Tech. III ~ From: Re: Request for Final Plat Approval of Thirty (30) Residential Building Lots, One (1) Church Lot, and Two (2) Other Lots on 10.49 Acres in an R-8 Zone for Bear Creek Subdivision No.6, by Bear Creek, LLC (File No. FP-03-046). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Bear Creek, LLC, has requested final plat approval of the sixth phase of Bear Creek Subdivision located on the west side of S. Meridian Road (Hwy 69), approximately lh mile south of Overland Road, joining previously platted phases 1 and 5. The applicant is platting a portion of the Nazarene Church parcel to the south, the Kodiak parcel, and a portion of the original Bear Creek parcel. This phase includes 30 single-family building lots, 1 church lot, and 2 common lots. The gross density is approximately 3.25 dwelling units/acre. The church lot (Lot 9, Block 22) is not proposed to be improved at this time. The site is approximately 10.49 acres and is currently zoned R-8. All lots within the subdivision meet the minimum lot requirements of the R-8 zone. The minimum house size within the subdivision is 1,301 square feet, not including the garage area. The proposed final plat substantially complies with the approved Preliminary Plat. Staff recommends approval of the final plat for Bear Creek Subdivision No.6 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved Preliminary Plat (pP-03-005) and Development Agreement (Instrument No. 103137113). FP-03-046 Bear Creek Subdivision No.6 EXHIBIT "A" I OF 4 Mayor and Council Hearing Date: September 2, 2003 Page 2 2. The pressurized irrigation system within this development is to be an extension of the system that is owned and operated by the Nampa Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Compaction test results must be submitted to the Meridian Building Department for all building pads within lots receiving engineered backfill. 4. The design of drainage areas shall ensure that water is retained only during 25-year storm events for a period of time not to exceed 24 hours. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. All landscaping and fencing shall be installed as depicted on the landscaping plan submitted as part of the Final Plat application (Sheet L-l dated 2-21-03 by The Land Group). All landscaping shall be installed prior to the issuance of any Certificates of Occupancy. 7. Permanent non-combustible fencing is to be installed on the western side of the Kennedy Lateral easement line (rear lot lines). The fencing should match the existing fencing in Bear Creek Subdivision Phase 5. Six-foot cedar fencing to match existing subdivision style is approved as shown on the landscape plan along the southern boundary of the subdivision. All required fencing shall be installed prior to issuance of any building permits. All fencing shall be reduced to three feet in height within twenty feet of the right-of-way of S. Alaska Way per MCC. 8. Sanitary sewer service to this site will be via a temporary lift station pumping to an existing gravity sewer main located in Overland Road. Applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Black Cat trunk development fee of $1,500.00 per dwelling unit shall be assessed against this development. Payment of the trunk development fee is required prior to signature on the final plat map by the City Engineer. FP.03-046 EXHIBIT "A" 2 OF 4 Bear Creek Subdivision No.6 Mayor and Council Hearing Date: September 2, 2003 Page 3 9. Water servIce to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three-feet above the highest established normal groundwater elevation. ] ]. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures per MCC 12-5-2.K. 12. Complete the Certificate of Owners and its accompanying Acknowledgment. 13. Graphically depict five-foot wide public utilities, drainage, and irrigation easements on the west side of Lot 36, Block 7, and the northwesterly side of Lot23, Block 7, and Lot 4, Block 22, as these are side lot lines adjacent a previous phase. ]4. Graphically depict the existing Kennedy Lateral Easement, dimension and label the centerline similar to what is shown in the plat of Bear creek Subdivision No.5. 15. Revise the situate sentence of the legal description of the certificate of Owners to match the front ofthe plat (SEl/4). 16. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 17. Please add or revise the following plat notes: (1.) (2.) (3.) (4.) (6.) (10.) (11.) (12.) (14.) (15.) .. .any public street. and ten (10) feet adiacent to the subdivision boundary and rear lot lines. These... Delete entirely Delete entirely Delete entirely Correct the spelling of "interior" Add Instrument Number 103137113. Add Lot 24. Block 9 along with already shown Lot 3, Block 22, as non-buildable lots to be used for... Revise minimum square footage of single family structures to 1.301 s.f. Delete entirely The owner of each lot. across which passes an irrigation/drainage ditch or pipe. is responsible for the maintenance thereof. unless such responsibility is assumed by an irrigation/drainage district. FP-03-046 Bear Creek Subdivision No.6 EXHIBIT "A" 3 OF 4 Mayor and Council Hearing Date: September 2, 2003 Page 4 18. Staff's failure to cite speCific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividerts expense. Typical locations are at street intersections and/or fire hydrants. Final design Locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. RECOMMENDATION Staff recommends approval of the final plat for Bear Creek Subdivision No.6 with the above stated comments and conditions. FP-03-046 Bear Creek Subdivision No.6 EXHIBIT "A" 4 OF 4 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 09/05103 03:10 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 5 1111111111111111111111111111111111111 103151665 CITY OF MERIDIAN ORDINANCE NO. 03~ 10 tfo AN ORDINANCE FINDING THAT, RALEIGH AND DIEUW HA WE AND HILLLVIEW DEVELOPMENT CORPORA nON, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON E. BLUE HERON ROAD, NORTH OF F AIRVIEW ROAD AND E. OF NORTH MERIDIAN ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS TRAIL WAY PARK SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8), AND DECLARING TRA T SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit: HILLVIEW 37 ACRES A parcel of land located in the NE Y4 of the SW '!4 of Section 6, T. 3N., R. IE., RM., Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-03-010) - I Commencing at the ~ section corner common to Section 6 of said T.3N., R.IE., and Section 1 of T.3N., R.l W., B.M., (from which point the southwest comer of Section 6 of said T.3N., R.lE. bears South 00025'30" East, 2648.31 feet distant); Thence from said Y4 section corner, North 88052'06" East, 1090.61 feet (formerly described as North 89034' 50" East, 1090.53) on the east-west mid-section line of said Section 6 to the northwest corner ofthe NE ~ of the SW Y4 of said Section 6, said point being the REAL POINT OF BEGINNING; Thence North 89002'39" East, 1314.24 feet (formerly described as North 89046'32" East, 1313.89 feet) on the east-west mid-section line of said Section 6 to the center Y4 section comer of said Section 6; Thence South 00024'00" East, 1301.12 feet (formerly described as South 00020'01" West, 1301.12 feet) on the north-south mid -section line of said Section 6 to the southeast corner of said NE ~ of the SW~; Thence leaving subdivisional section lines and on the northerly and westerly boundary line of that parcel ofland as described in Deed Instrument Number 96048180 of Ada County Records, for the following three courses and distances: Thence North 87031 '30" West, 268.68 feet (formerly described as North 87012' II" West, 268.67 feet); Thence South 87056'25" West, 836.43 feet (formerly described as South 88015'43" West, 836.43 feet); Thence South 00009'18" East, 12.00 feet (formerly described as South 00010'00" West, 12.00 feet) to a point on the southerly boundary line of said NE ~ ofthe SW ~; Thence South 88025' 12" West, 212.42 feet (formerly described as South 88044'30" West) on the southerly boundary line of said NE 1;4 of the SW ~ to the southwest corner of said NE ~ of the SW~; Thence North 00017"01" West, 1315.49 feet (formerly described as North 00012'43" West, 1315.57 feet) on the westerly boundary line of said NE '14 ofthe SW ~ to the real point of beginning. Said parcel contains 39.15 acres more or less. ANNEXATION AND ZONING ORDINANCE (AZ-03-010) - 2 SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECT! 0 N 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the IC;~ day of ~t ,2003, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian) including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ANNEXATION AND ZONING ORDINANCE (AZ-03-010) - 3 ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code S63-2215 and S50-223. /} n-cL PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this .?- - day of c:9(llel/hbtt-, ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this J-f/t:!!: day of ~~6vv ,2003. a...=-" '.--- """. _ " ~L C~-A ~--:::. MA YOR"'-../ \\I\llllIfll/lll \\\\ f Mr::....1111 ,\" _f 0 '-I'(/r- 11II ,':\' V/-:- j' c} cp'i\PolVj h ~~ ~~ ~ ~ ~ ~ J~R-~'/;'{ SEAL 1 CITY CLERK ;. "(;. 6-' 2 VI 2- /J "7 ~"7. Qv ,,0 0 ~ First Reading: -/- -v::;; \ :0-1' '&, lsi . ~.! Adopted after first reading by ~~~n;;-nfth~lute as allowed pursuant to Idaho Code 50- J.;/~~' \\\ 902 Yes: IlltlllllllllliNO: Second Reading: Third Reading: ATTEST: STATE OF IDAHO,) : ss. County of Ada ) On this 3 (d day of ~j')-le;fYL~ , 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 ~P,f., I have hereunto set my hand and affixed my official seal the day 0" N · and year first above written. .~9----~~.. :~X';OT~;(~.. ~h CJl nr Srn~--fL .. I \ . (SEAL) : I : ~OTARY PUBLIC FOR IDAHO ':. \ i j'msrnINO AT: /bitt CavY! ~ JJa.Jw 00. ~';:;_~\S-/O ..MY COMMISSION EXPIRE: tf - 2 g-Cf5 Z:\Work\M\Meridian\Meridian 15360M\~.~~~4'3"()IO PP..()3-{J] [ CUP-03-Q21\AZOrd.doc ..."............ ANNEXATION AND ZONING ORDINANCE (AZ-03-010) - 4 ;;;;... ~ ~ _(1)<:t c()C'i \'(-.1 . - 0 ~ o c() -- ~ .,... 'Z ---- 5000 24' 00" E. '\ 30'\. '\ 2' ---- NOoo'\1'O'\"W '\3'\5.49' .... C) u..Z Oz. ~~ 5~ n-O) tJ) ~ ~ J ~ io - ~~ \'(0 . 1.O<g o (t) ~ tJ) ~ 5 ~ ~ _ -z ,<!l i ~\Z ~ 0 ~. g ul ~ ~ N o~ &. o~i z (/) .z. ~ liO Ul ~ C"> Ul w~ .." tt \-. <:,%9 ~ <:( <.0 ,.::;;. to': . ~O- ~'5~% ~(/) ~ ~~\n o ~ Cj) _ui~ ex: ~ 0$ OJ ~ (t. \- (/)a 'Z.... Ui~ ~~ 0:: o 5-:I: ~~ ~in ::(0 u..~ 'lfll'lf9'll\l9 --- ? SOooQ9'~80E ~ ~ '\ 2.00' \~ 'k> co (/) CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, ofthe City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- 1040 , passed by the City Council of the City of Meridian, on the 2-1-1f!;- day of ~/;l.v, 2003, is a true and correct copy of the original of said document ~hich is in the care, custody and control\Hr.the'Gt~)j Clerk of the City of Meridian. .. ,,\\\~~ Of MERI~;//I// " :'\"' Y<-A /.... .::V () ~PO,QA -11,; ~~ ~ .cP' "'l ~ ~ ::: ~- ;0 ~ ~ ~ - - STATE OF IDAHO, ) : ss. County of Ada, ) On this . ~n\ day o~~ in the year 1-00'0 , before me, ~Y\O.)(\Y\.~~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ._111101;'... ..o.~o_:t'L~ ~ ~~. ","" ~~-'1'A ;:.~-<...~.. ..~,~O -'f'(A ,~. II'?/ "'Y. '. ~ a . ' g II , : -= mI. a; .. I I .. III \ t .. I!I \ C t '" I!I _,,'.. br_"ll /0. .. ...."'..: U.tll.-l' '~1..' 4' 4' <-1';;'--_.';';t>-~. ......~OF lY_.. ."ua.....,. ~MOY\ k.JL... Notary Public for Idaho Commission Expires: Lf - L~ ~oS CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-0 10 CITY OF MERIDIAN 2003-2004 FISCAL YEAR ANNUAL APPROPRIATION ORDINANCE NO. t;J 3 - I t9 4/ BY COUNCILPERSON 7AJrlm If c{e tV/'ef-cL. v AN ORDINANCE, PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF EXPENDITURE OF SUMS OF MONEY TO DEFRAY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING ON SEPTEMBER 30, 2004; TO PROVIDE FOR THE WAIVING OF THE 2ND AND 3RD READINGS PURSUANT TO IDAHO CODE 50-902; AND PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED COpy OF THIS ORDINANCE WITH THE SECRETARY OF STATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. Section 2. Section 3. TITLE: This Ordinance shall be entitled and cited as the "2003-2004 Fiscal Year Annual Appropriation Ordinance of the City of Meridian." FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public Hearing on the 26th day of August, 2003 for a Proposed Budget for Fiscal Year 2003-2004 (FY2003) City of Meridian, Idaho; and B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2003-2004 is correctly stated in the Adopted Budget which is herein set forth in Section No.3; and C. That the appropriations and sums of money as are hereinafter set forth in Section No.3 are deemed necessary to defray all the necessary expenses and liabilities ofthe City of Meridian for Fiscal Year 2003-2004. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as and for the budget and the appropriation of expenditure for the City of Meridian for Fiscal Year commencing October 1,2003 and ending on September 30,2004 the following: ANNUAL APPROPRIATION ORDINANCE PAGE 1 OF 4 CITY of MERIDIAN Approved Budget for FY2004 GENERAL FUND Actual Budget Proposed REVENUES Revenues Revenues Revenues Property Tax Revenue 5,563,270 6,146,883 6,858,490 Other Sources 5,123,635 4,510,222 5,069,605 Special Services 1,730,456 1,832,019 2,069,215 Park Impact Fund Balance 210,000 671,000 FireTruck Fund Balance 152,000 290,300 General Fund Balance 3,164,229 1,638,892 TOTAL GENERAL FUND REVENUES 12,417,361 16,015,353 16,597,502 CAPITAL IMPROVEMENT FUND Capital Improvement Fund Balance 50,000 ENTERPRISE FUND Water & Wastewater Sources 12,370,680 11,708,190 12,843,314 Enterprise Fund Balance 5,588,625 14,756,448 TOTAL ENTERPRISE FUND REVENUES 12,370,680 17 ,296,815 27,599,762 . TOTAL APPROVED REVENUE for FY2004 24,788,041 33,312,168 . 44,247,264 GENERAL FUND Actual Budget Proposed EXPENDITURES Expenditures Expenditures Exoen difu res Personnel & Operating Administrative Offices 1,393,025 1,642,916 1,509,427 Admin Cany-forNard Appropriation 1,800,000 1,255,391 Police Department 4,064,083 4,856,427 5,755,314 Fire Department 1,877,692 2,439,554 3,119,546 Parks Department 584,302 708,398 795,667 Special Services 1,200,301 1,535,311 1,826,419 TOTAL GENERAL FUND OPERATIONS 9,119,403 12,982,606 14,261,764 Capital Outlay Administrative Offices 23,564 189,415 46,260 Police Department 3,484,438 255,500 232,122 - Police Carry-forward Appropriation 117,000 Fire Department 303,993 65,800 408,800 Fire Carry-forward Appropriation - 152,000 39,500 FY2002 FY2003 FY2004 ANNUAL APPROPRIATION ORDINANCE PAGE20F4 Parks Department 776,699 709,095 624,260 Parks Carry-forward Appropriation 1,247,229 742,000 Soecial Services 3,611 296,708 242,796 TOTAL GENERAL FUND CAPITAL OUTLAY 4,592,305 3,032,747 2,335,738 TOTAL GENERAL FUND EXPENDITURES 13,711,708 16,015,353 16,597,502 CAPITAL IMPROVEMENT FUND Capital Outlay Administrative Offices 50,000 CAPITAL IMPROVEMENT FUND TOTAL EXPENDITURES - - 50,000 ENTERPRISE FUND Personnel & Operating Water Department 2,552,140 3,324,779 3,911,548 Wastewater Treatment Plant 3,217,248 4,207,862 4,813,732 TOTAL ENTERPRISE FUND OPERATIONS 5,769,388 7,532,641 8,725,280 Capital Outlay Water Department 1,718,578 1,608,565 3,294,680 Water Carry-forward Appropriation 1,424,500 1,566,872 Wastewater Treatment Plant 3,598,536 1,479,565 11 ,111 ,180 WWTP Carry-forward Appropriation 4,164,125 2,901,750 - Enterprise addition to Fund Balance 1,087,419 TOTAL ENTERPRISE FUND CAPITAL OUTLAY 5,317,114 9,764,174 18,874,482 TOTAL ENTERPRISE FUND EXPENDITURES 11,086,502 17,296,815 27,599,762 . TOTAL APPROVED EXPENDITURES for FY2004 . 24,798,210 33,312,168. 44,247,264 Section 4. That the 2nd and 3rd readings of this ordinance are waived by suspension of the Rule as allowed pursuant to Idaho Code 50-902. Section S. The City Clerk is directed to forthwith publish this Ordinance and file a certified copy of the same with the office of the Secretary of State of the State of Idaho as provided in LC. 9 50-1003 and the same shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED By the City Council of the City ~fMeridian, Idaho, this 2~~ay of Jep ie In/;.e f- 2003. ANNUAL APPROPRIATION ORDINANCE PAGE 3 OF 4 APPROVED By the Mayor of the City of Meridian, Idaho, this 2/Y! day of Jep!ehv6 e r 2003. C(J\~ --==-- -' - ~~~: Mayor Robert D. Corrie \\\111111111111/ ,,\\ C Ml::' /111 ,,".1 Or C.F?ID. I""" ,,~.... ~/.r ~........ a r.POt:>~ r"z, ~ ATTEST: ~ f:p ''''I~ ~ ~ ~ 0 ~ E ; J/~/ ~ : SEAL E ~~ ( ~ ~ & E William G. Berg, Jr., Ci Clerk \. ~6_~U8r 15\' ,Qi R j An Ordinance ofthe City of Meridian By~WIi~ . ~~~~ City Clerk First Reading: 9 -;2. -tJ 3 "'''1111 OUNT'f · \\\\", II/UI/M n\I\\\\ Adopted after first reading by suspension of the Kme as allowed pursuant to Idaho Code 50-902: YES ~ NO Second Reading: ~ Third Reading: STATE OF IDAHO, ) : ss: County of Ada, ) On this~ day of ~0vY\.,~ 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. (SEAL) ..1IIa.... ..ON S~!. ..~------~~~.. &,:;:O'f~;:~~. ,,""', ~. \~.. II , , '" I!I . . II III I I III III \ I II . ! III . ' e ...U'$...~1C:~~... o.:.i11liOF1P.. 1II"..1lII...... ZhMaV\ ~~ NOTARY PUBLIC FOR IpAHO RESIDING AT: AJ.ocLoevrl1f ~rio...tw MY COMMISSION EXPIRES: '.. - zg -(9S" Z:\ Work\M\Melidian\Meridian 15360MlAdministration\AppropriationBudget.Ord2003-04.doc ANNUAL APPROPRIATION ORDINANCE PAGE 4 OF 4 WORK CHANGE DIRECTIVE No.1 - Final DATE OF ISSUANCE 9/9/2003 EFFECTIVE DATE 9/9/2003 OWNER: City of Meridian CONTRACTOR: C-More Pipe Contract: 2003 Sewer Cleaning Project: OWNER's Contract No. City Council Approval: 9/2/2003 You are directed to proceed promptly with the following change(s): Description: Additional cleaning services. Purpose of Work Change Directive: Clean pipes which were overlooked. Attachments: If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: o Unit Prices o Lump Sum not to exceed o Cost of the Work Estimated increase (decrease) in Contract Price: $ 2,048.59 lfthe change involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase (decrease) in Contract Times: Substantial Completion: N/A days; Ready for fmal payment: N/A days. AUTHORIZED: ENGINEER By: J. IS,.. , 14 0. '" A G. f\ ". D.y - - WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION Tills document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph lO.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTL Y.