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HomeMy WebLinkAbout2004-04-20 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 20, 2004 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle _L BiH Nary X Charlie Rountree L Keith Bird .K- Mayor Tammy de Weerd 2. Adoption of the Agenda: ap~ V<....- 3. Presentation of Procedure I Process of Construction of Government Building by Civic Partners: ~ ~ (* 45 minutes) 4. Update on Market Strategy by The Hudson Company: (*30 minutes) frr.e ~^- * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - April 20. 2004 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. } MAYOR Tammy de Weerd cMe;;;;I1~h- ,,\ V IDAHO IV JY ~ CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird SJ!;IGE I 19Qa LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887- [297 BUILDING DEPARTMENT (208) 887-2211' Fax 887-[297 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, April 20, 2004 at 5:30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Presentation of Procedure / Process of Construction of Government Building by Civic Partners Update on Market Strategy by The Hudson Company DATED this 16th of April, 2004. A--, The public is welcome to attend the meeting. 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 May 20, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT May 25, 2004 ITEM NO. REQUEST Approve minutes of April 20, 2004 Pre-Councll Meeting AGENCY COMMENTS ClTY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DE?T: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: 'f\~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 20, 2004 at 5:30 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Presentation of Procedure I Process of Construction of Government Building by Civic Partners: ('" 45 minutes) 4. Update on Market Strategy by The Hudson Company: ("'30 minutes) "'Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - April 20, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meetinq April 20. 2004 The Meridian City Pre-Council meeting was called to order at 5:30 P.M. on Tuesday, April 20, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present: Gary Smith, Bill Nichols, Anna Powell, Kenny Bowers and Will Berg. Item 1. Roll-call Attendance: X Bill Nary X Shaun Wardle X Keith Bird X Charlie Rountree Mayor Tammy de Weerd X Item 2. Adoption of the Agenda: Bird: I move that we adopt the agenda as published. Rountree: Second. Nary: It's been moved and seconded to adopt the agenda as published. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Presentation of Procedure I Process of Construction of Government Building by Civic Partners: Nary: I think the presentation is going to be by both Planning as well as Steven Semingson - did I say that correctly? Semingson: Absolutely. Nary: Great. Okay, you have the floor. Semingson: I am Steve Semingson with Civic Partners. With me this evening is Mike Herrero, also with Civic Partners and previously with the - there you go - okay thanks. Mike was previously with a representing the public member of a public/private partnership where we worked together. Mike on the other side of the table doing a project that has some similarities to what I understand would meet some of your goals here. So, I thought it would be good for Mike to provide the public agency perspective on a joint powers authority building that we developed together in Modesto, California four or five years ago. Also with me Meridian City Pre-Council Meeting April 20, 2004 Page 2 of 20 this evening is Matt Caplin and Eric (last name inaudible) who have an interest in public/private partnering and thought this might be an informative evening for them. So, glad to have them traveling with us. There are many ways to provide for public agency facilities and public/private partnering and certainly we feel is the most effective both most cost effective and the most efficient if the goal is to have the public facility as a component in to a more larger scope urban renewal project. So, I am going to be directing my comments towards what I perceive as potentially your goal of linking both the creation of public facilities to some urban renewal activities in your downtown. May I say just a few words about Civic Partners? Before I do that I do want to let you know that I am really here this evening because my friends at the Hudson Company and ZGA have asked that I come in and give you some thoughts to really spur some, maybe some questions for them and while I am here I am available to answer any questions you might have also. I think it's very important that we recognize that when we talk about public/private partnering, where the private sector and the governmental agencies work together to accomplish something. It really is truly a partnership. That doesn't necessarily mean that the private sector is trying to get into the wallet of the public sector, but that it's a strategic alliance where the parties work together and contribute resources that go well beyond the economic resources. Certainly they together invest the intellectual capital to make it happen and create the development truly as a team. The goals have to be clearly identified and mutually understood to the extent that they are not absolutely parallel before you really get started in our view we have to work hard to make them as consistent and conformed to one another as we can. It is a process. It's more than just a partnership on a document that goes in a drawer somewhere and is pulled out when there is some issues that need to be resolved. It is truly an activity that has to be coordinated together and the stakeholders need to be identified upfront and really become a task force, almost like a board of directors of an endeavor. This particular side is one that we created on a project that we are doing in northern Washington, the State of Washington. It's how the collaborative process takes us from the identification of the stakeholders through some of the earlier research and this is a process to get only to the design phase. It is a complicated process, but with the dedication of each of the members of the partnership it is so much more efficient from an economic standpoint. We, Civic Partners when we get involved in a project that is either urban renewal or the creation of a public facility start by making sure that the public goals are clearly identified and communicated to us in that we accept the public goals. It's much easier for the private sector to adapt some of their economic concepts than it is to in most cases to move the goals of the public agency because that's a more complicated process and it's not just you folks that are elected officials and your staff, but the community representatives as well. So, it's critical that we identify what the public goals truly are. In some cases the public goal may be simply place-making urban renewal; it may be the re- posturing of vacant parcels or in your case, the creation of a new public facility that's part of the place-making and the urban renewal of the area; the next step for us both for Civic Partners and for the partnering team. The team of Meridian City Pre-Council Meeting April 20, 2004 Page 3 of 20 stakeholders is to identify those private components that are there to support the public goals. We find that rarely is there just a single public goal that needs to be met and almost always it's a desire to activate what might be an area that perhaps is vibrant during the normal workday of eight to five on weekdays, but slows down or hibernates evenings and weekends and so we find that in almost every case it's the desire of the public agency that truly activate the area. We like to consider the urban plan and the urban design first from what we would refer to as the fifty thousand foot level and that's looking at the community dynamic and understanding how - what the role history has played in the infrastructure that's there and the facility that exist in the community at - or when we start, but also we need to consider what is the legacy that we leave behind that becomes history for tomorrow's generation. In the next slide or two you will see some of the economic tools that are in our tool chest for creating efficient public/private partnering projects and these tools need to very much conform to the design and the design has to be very much created so that it can take advantage of the tools. We find that the place-making part of the process is key if we are going to attract the activity generating retail that most communities are looking for in their downtown. We need to consider what that success is going to lead to, what kind of problems down the road do we face once we are successful. Certainly, it puts a burden on the infrastructure and especially parking. Then how does the design impact the availability of the economic tools and you will see 15 or 20 on a subsequent slide. This slide is,just here to illustrate that the good news is there are many tools that can help create the economic engine for a successful urban development - I think the buzz word today that most of us are familiar with is the urban village concept. But it also provides a challenge from the standpoint of the management complexity. Here are some of the tools that I talked about and I really don't intend to spend any time going through these tools. I would encourage that if you wanted to look at that page in the handout and you wanted to ask specific questions about some of the projects that we have done, I would be glad to address that. This chart is a bit mind-boggling. It is three components that came together to form a mixed-use project and it's there to, again, to illustrate the level of complexity you will not find this chart in your handout. The outreach to the community is always essential and we find that it's necessary that each member of the public/private team be prepared to be very active in the public outreach process. You will see the third bullet point there, the road show, on one of our projects where we needed to have a super majority votes in order to get the authorization for the funding. We created a road show and had an education session for elected officials, for members of the Chamber of Commerce for very interested community members and looked for an open agenda in any public meeting that was available so that our story could be told. As a result, when we were faced with the terrifying aspect of going to a public vote for the authorization and needing (inaudible) and two-thirds percent, we ended up with about 74 percent vote for the approval. It was not - in most cases the project is something that the community is very interested in, but it's the misunderstanding, the ill-informed public that really will rail against it and we found a more thorough - the public forum and the education process is the l. Meridian City Pre-Council. Meeting April 20, 2004 Page 4 of 20 higher the probabilities is that the higher the probabilities are the we are going to avoid the confrontational problems that you sometimes have when you are processing a mixed-use project. It isn't all real estate development projects and especially in mixed-use projects. There are challenges although in our opinion the challenges of a public/private partnership approach to development are less daunting than the challenges that you would have in a more traditional approach. What I would like to do here very quickly is just profile in a moment or two on each some public/private partnering projects and what the public goals were for each of the projects. Mike is going to talk about one of those communities where he was very involved from public facility side and is now very involved from the private side. Vista Village is a community approximately the same size as Meridian in north San Diego County. To use the words of William Hudnutt talking about a different community, but it very much fit Vista is that there is no "they're" there. Vista is a bedroom community. It had no heart and soul and so here the public component of this project was really creating the heart and soul for the community, the gathering place, the downtown. So, from a physical standpoint the public component is the main street that we created and it's been a great success and it's the place where the folks in the community now go to see and be seen by their neighbors and they no longer have to go to the neighboring town for a special dinner or some entertainment. Tenth Street Place is in Modesto, California. It's the projects through which Mike and I met and we started on the very early parts of this project - really just looking to see if there was an opportunity for civic and for the community to work together, I think, in maybe 1993 - '91. I am going to hand the mic over to Mike here and he will tell you about experience from both the public side and from the private side. Carrero: Good evening, it's a pleasure to be here. For just a way of background for over 25 years I worked for the City of Modesto. Most of that time was in the City Manager's Office. One of my responsibilities in the City Manager's Office was economic development or re-development. I think I will start with the question of why did we become interested in doing partnerships with private developers at the City of Modesto because I think this is a fundamental question that you need to ask yourself. What is the value in doing this? Why would you do this? For us it was simply a straight matter of economics and that we have certain goals we wanted to achieve in Modesto and particularly in the downtown area and we did not - could not foresee a situation that we would ever have enough resources at the City of Modesto to accomplish all those goals. So, we felt the way that we could achieve as many of those goals as possible is to try and enter into partnerships with private developers and we were really - we were true believers in the sense even as public agency personnel that the private development process could be used to achieve public goals and not in an indirect fashion that they could directly be used to achieve those public goals. This is why we became interested and involved in partnerships. We - I start out and now work on the other side of the table, but there have been a number of these partnerships that have occurred and again it was a way of attracting more resources and more attention to the problems we saw and the solutions we Meridian City Pre-Council Meeting April 20, 2004 Page 5 of 20 thought were available. So, we came at it from that selfish point of view, I guess you could say. That this was a way to help achieve those goals. I kind of look at the decay of a lot of our downtown or core areas in a cycle. It starts with a lack of private investment. So, you don't have private property owners or private businesses reinvesting in properties or investing in new development. So, you go through a period of this decline in private investment. Sometimes you get out of that down spiral all by itself and it comes with new private investment. For most cities, especially I think for most smaller and medium-sized cities it takes - there has to be something to kick start the investment process again and usually that's the public agency, it's the re-development agency, it's a development corporation whatever it may be. It's almost always some form of a public investment that kick starts the investment cycle again and sends a signal to the private community that if you invest your money in this area we are going to be investing along with you; we are going to be partners. This is not the direct partnership, but this is a partnership of sorts that both the public and private sector are going to be making investments in an area. From my perspective, as a public agency you need to first set the stage for the private investment and I got a very quick briefing this afternoon about what's been going on here, so it appears you are well on your way to this and you need a plan. You need to have thought through what it is you want a particular area, be it downtown or any place; what it is you want to have there; what you want to achieve; what your goals are. Now a developer can work with you on that process. Giving an example I am working in the City of Napa, California right now. I left to go to Napa on a Friday for a meeting so I can stay all weekend. We are going through a process of developing a strategic plan for investment in downtown Napa, primarily with a focus on how to bring new housing into the area. So I am sitting there just like a normal citizen participating in the stakeholder prosthesis. But that's the first thing, you have got to get your act in order and you have to set the stage with the planners for strategic vision for what you want to have happen in an area. Then as I mentioned before there needs to be a signal to the private investment community that you are willing to invest your money and it doesn't have to be a huge amount of money it just has to put the idea that the public agency is going to invest what it can in the re-development area. Let me tell you a few things I think is sort of another category. Go into this with your eyes wide open, though. These prosthesis and these partnerships are not without their problems. Probably the most be-deviling problem is the length these projects take to fruition. I mentioned '91 because I didn't want to cheat the Modesto process. I first met Steve in 1991. This project you see on the screen here didn't open until 1999. During that time we went through two city managers, four different sitting city councils, so there are and various changes in the plans. The final project doesn't look a whole lot like the original project, so it takes a lot of perseverance, a lot of political perseverance to do these major re-development projects and especially the public/private partnerships. So, you have to go in with your eyes wide open and you need to have a lot of patience and perseverance to get these projects done. The other thing that sitting in the public staff that I got barbs at in the kind of formed guidelines for me is to the Meridian City Pre-Council Meeting April 20, 2004 Page 6 of 20 expectations the public agencies have to have. When you get into public/private partnerships there are a couple of rules and the two that stick with me the most because I heard these complaints was the developers have got to make a profit and it may sound very crass, but you aren't going to get any public/private partnerships if there is not some profit on the private side of that ledger. I can't begin to tell you how many times I sat in meetings and got criticism as the public agency because why is the developer making - and the way we deal with that issue is we bring in a third party economic consultant and tells us this is a very reasonable return on this investment. It makes us feel good, but it doesn't necessarily deflect that political criticism. The other thing I came to believe and I think is a good guideline for public agencies and I (inaudible) that those who do it, do it. That means the private developer, if you have picked the right developer and you are in this partnership that they have you picked them because they have some expertise and they have some idea about the market, about rents and about whatever the issue may be. They are really your expert and you need to rely on them. I am going to give you an example in Modesto. The Modesto project has three major pieces to it. The billing you see on the lower right corner is a public administration building. It houses the City of Modesto's administration offices and the County of Stanislaus where we are located administrative offices. The first floor of that building is retail space owned by Civic Partners. Just this on the side one of the goals that we had in the city manager's office was we felt we could have local government that was much more efficient and there was a whole heck of a lot from our perspective of duplication between city services and county services. We thought there is no need to have two purchasing departments, two personnel departments, two of this and that right across the street from each other when we could have a much more efficient operation with consolidated departments. That was too politically hot to handle, as it probably is almost everywhere. We took the intermediate step and this building we have the purchasing department for the city and the purchasing department for the county sitting side by side. We saw this as the first step to eventually trying to achieve greater efficiencies and avoiding duplication in these government services. So, this building is truly a joint venture between the city and the county and we have the first floor with retail space. The second component of this project is the drawing you see in the center of it adjacent to the city/county office building is a three story private office building that we built and leased and then if you look at the slide on the top right corner that is a cinema. That's an 18 screen, four thousand-seat cinema that's right across the street from the public administration building and the three-story office building. Wildly successful cinema brings about a million and one half bodies to that location in downtown every year. The three of them share the parking garage. So, the example I want to get back to and then I will be finished is let those who do it, do it. We had a public goal and I am going to avoid retail for a minute because retail is a very tough nut, but we wanted a bookstore downtown. We wanted a bookstore because one of our goals was we wanted weeknight and weekend activity downtown and we thought a bookstore would be a great kind of catalyst that could draw people to a downtown on a weeknight. There is not a whole lot of things that can do that. ( . Meridian City Pre-CouncIl. Meeting April 20, 2004 Page 7 of 20 So, the first floor of that building, we insisted that the first floor of that building be designed so that Border's Bookstore could fit on one side of the lobby and the whole layout of that building is based on that. That's kind of the public agency dictating to the private developer this is the space you are going to get because this is the tenant we want. Well, we got Borders to come to town, but they would not go downtown, they went out on the freeway and the developer and I am now the developer trying to lease this space is stuck with a very tough space to lease for retail and office uses because of it's depth. So, that's kind of my illustration of a goal interfering with the design of the first floor. With that I am going to stop. Semingson: Just to put a happy ending to that by the way it has been a struggle. We are now down to about 3,500 or 4,000 square feet of the 28,000 in that building and there is an additional maybe 10,000 or 12,000 in the other building, so it took a while, but it has been leased out. Just a couple more comments that I'd like to make and especially address the benefits of the re-development agency that this project provided the - as in most communities re-development agency is funded through tax increment and therefore, the increasing tax revenues. When we started negotiating our deal with the City of Modesto, rents in the downtown core and I am defining the downtown core, as two blocks in any direction from these two blocks that we re-developed the rest of the downtown core were 25 to 40 cents per month. Today, rents are two dollars a month. When we - when I started meeting with Mike and we didn't work through our lunch at the City Hall conference room and we went out for lunch we had three choices in the downtown. Now, Modesto then was a population of I guess 200,000, so it's maybe 240,000 today. We had three choices. Today in that nine block area there are forty restaurants. We think that that certainly is a sign of the urban renewal's success. So, it not only do the public agencies have this facility that they really wanted, but it has been an urban renewal success in that the valuation of the properties for the assessor have just gone through the roof. Just very quickly we are in the preliminary master planning and design of a project in San Lorenzo. San Lorenzo is county unincorporated community in Alameda County. The public component for this project is the new Alameda County Public Library, which would be part of the project and in here the private development is generating about 3.5 million dollars for the County's match to the State so that they can get this public library. As a private developer we're developing about 150,000 square feet of retail? Yeah. It's Albertson's anchored urban store that has parking on the roof. A lot of some of the things that we were trying to do with Albertsons, in fact, on the corridor project in the downtown Boise if you were familiar with that concept and then some substantial shop space and restaurants and 350 residential units the preponderance of which are condominiums. One of the reasons we are able to generate a fairly substantial contribution to the library is, honestly, with the dropping interest rate the housing prices have just gone crazy in San Francisco Bay Area. I am sure many of you drive by this every now and then. This is the corridor project along Front Street and I just wanted to make a couple of comments here and I have, I guess unfortunately for me tonight Ryan is here to keep me honest and I may have to r' Meridian City Pre-CouncilMeeting April 20, 2004 Page 8 of 20 change my speech just a little bit now that I see him in the audience, but the Courthouse part of the - the Courthouse and the first parking component part of the project faced about an 18 million dollar shortfall. This was the project where we needed the super majority vote and we were successful in getting it. But that - we met the private side created the mechanism to cover that shortfall and here we did it in two ways. One substantially increasing the tax value and so one of the partners of the project besides being Ada County was CCDe, Civic Center Development Corporation - Capital City, I am sorry, Development Corporation and the notion -and where we differed from the other developers was that we didn't present to the Selection Committee renderings or models or anything else. It was the process. It was the early part of the presentation that you saw from me and when it came to describing physically what was going to be there, what we described to the Selection Committee was really very much a vision as opposed to anything hard line and we say we want you to conjure up here some imagery of an urban village with some vertical development. There is going to be retail. There is going to be office. There is going to be private office. There is going to be housing. We intend to create housing at least 500 housing units and when you peel that back somewhere in there you are going to have your courthouse. We don't know if the courthouse is going to be a Ford Escort or if it's going to be a Lexus, but we know it's going to meet your needs and we understand what your needs are. But, first of all we have to solve the 18 million dollar gap. It was through the vertical development and the tax increment and then the ground lease that we as the developer committed to that bridged the 18 million dollar gap in this project. When we started our next component, there was also a gap on one of the public components and that was a 350 car parking structure that was very much required, but it was not within the tax increment generating possibility to create that parking. At that point, we transitioned from a market rate apartment project to a tax credit apartment project and tucked all of the infrastructure that was necessary and all the parking into the tax credit mass so that we got tax credits off from what would otherwise have been your typical infrastructure for any project and we use those tax credits to bridge the shortfall that we faced on that. That is really going back to that slide that I talked about earlier that the tools and it's designing the project so that you could take advantage of the tools that are there. I know Tom we are probably eating at your time here. I am okay if you want to do what you need to do and then take the questions and answer later if that works for everybody. I don't think we have the same scheduling issues that you might. Would you like to do that? That's fine with us. Okay, we will be back if you want to ask us some questions. How's that? Nary: Yeah, that seems like the best way to go. We will have Mr. Hudson come and give his presentation. I didn't at the opening of the meeting mention that it's nice to see the Meridian Development Corporation Board here and Mr. Armbruster as well, their legal counsel. Mr. Slocum it looks like you want to say something. r Meridian City Pre-Council Meeting April 20, 2004 Page 9 of 20 Slocum: Yes. If you are ready to go on to the next item with Tom -- Nary: -- we are. Slocum: -- as he gets prepared I just want to, I guess for the record, good evening Madame Mayor, Council members. About nine months ago we embarked on probably the second biggest step in the future of downtown and the first was the formation of our urban renewal agency and I think the second is coming up with a vision and a strategy and over the past nine months we have had a great consultant in The Hudson Company who has brought together, not only our group, but a wonderful steering committee of a lot of great volunteers and a group of - a series of public workshops that brought the public involved as well. So, we are here and Tom is here this evening to present the final draft of that, so we want to give him as much time as possible, if he is almost ready (inaudible---). Ready, Tom? Tom Hudson with The Hudson Company. Thank you. Item 4. Update on Market Strategy by The Hudson Company: Hudson: Mr. President, Madame Mayor, members of the Council it is great to see you tonight. We have I think some very interesting and fun material to share with you. I appreciate your time and the opportunity to get together with you like this to speak specifically about the Downtown Meridian Strategic Plan. When we began this process, we emphasized the value of collaboration in the community, building partnerships and I have to say working with the Meridian Development Corporation and with City Council the Mayor has been an absolute pleasure and when you combine that with the staff we felt inspired. This report tonight, I think, is a result of that inspiration. We were looking for ways to take the plan and craft it into something like a Swiss Army Knife tool for you. It can be a great deal more than just a report and so we proposed to City staff that we build it as a website and have the opportunity to take all the various materials that we have gathered over this time that we have had together since early last fall. All the graphics, the PowerPoint Presentations, the detailed analysis of markets and demographics and so on, the hundreds of photographs that we have put together, the various partnerships that we built all could form a much more dynamic report in this kind of interactive environment than we could do in hard copy. Staff and Meridian Development Corporation approved that and so I am here tonight to share with you a bit about the big picture of this format and then the mechanics of it. As you all know, we will be back in early May, I believe our target date was May 1 ih, but we are looking for a time that works best for Council and for Meridian Development Corporation Board, but certainly that week or the week following and we will go in a public meeting format into a great deal more detail than we are getting into tonight. So, I hope that meets your expectations for the evening. We are primarily here to give you a guided tour of the materials that we have here. Is that fair? I Meridian City Pre-Council Meeting April 20, 2004 Page 10 of 20 (Affirmation) Hudson: So, if you were to open up the CD, what you would see are these three files and obviously you would click here. One of the things that we felt this document needs to do is to have a voice and be welcoming. It's more than a report, it can be highly - we are working on it-hello. Steve Siddoway would choose this evening to have his parent's 40th wedding anniversary. Here we go. Cannot find the file. I think half a dozen people were here earlier watching me go all the way through this. (Inaudible discussion) De Weerd: Council, while he does that, Mr. President, I'm sorry. Nary: Madame Mayor. De Weerd: If we could talk about, perhaps when we could do it in May, I did talk to Tom and thought maybe we could do a regular Council meeting on the 18th and would ask if Will would look and see if we have anything on that agenda and have our Council meeting off by, perhaps, Cole Valley Christian School. We can look and see if that's a possibility and see how we can set up a recording and then ask the MDC if that would be a convenient time for them to meet, too. I think it would be a strong statement to the public that it be done at an official Council meeting in conjunction with MDC. I know that Tom can't do it before the 1 ih and so the 18th was the next regular scheduled and we have been trying to look at doing offsite Council meetings and so this might be an opportunity to kick that off. Hudson: I am sorry to interrupt. I think what happened was this was a very large file that was up on the PowerPoint before and we overwhelmed it's RAM and I may have to turn the computer off and back on again to clean it out because it's not - everything is slow, even the mouse is slow. Would you mind doing that? Yeah, see it wasn't my fault the program is now responding. While we set it up, just let me briefly introduce the formatting. This document, so to speak, web- oriented document opens up with a welcoming. It has a voice of the community. In this case, it happens to be the Mayor's voice that gives people an introduction to where we are and where we are going. I think it's a great opportunity to go second this evening and to hear from Civic Partners and Steve and Mike about their role in the private sector working in partnership with communities and implementing. I can tell you that from my experience one of the most important things you need to carry forward developments such as their sharing is a very clear and well supported and even adopted vision. So early on in this report there is that clear voice of the City and the Meridian Development Corporation saying this is it. This is who we are. This is where we are going. We are enthusiastically in support of this marketing strategy and the vision that it represents and then the vision is presented in a number of different ways. There Meridian City Pre-Council Meeting April 20, 2004 Page 11 of 20 are highly interactive folders that we call tabs that enable the user to go from the home page, the welcoming first to the vision, and a clear statement of that then from the vision to a description of markets highly interactive. I think one of the things I like best about this is that the data is represented in a number of different ways. One of which is hot keys to the original source. So, if you wanted to go to (inaudible) or to the U.S. Censes Bureau and find exactly where we got it, you just click a button and you are there. If we make reference to a particular partner like the Chamber of Commerce that name is highlighted and you go there. If you want to contact them you click another button and their email message folder comes up and you just start writing a message to them. So, the degree of activity, I think, is at a level of extraordinary. And there it is. This is a great moment for me, personally, and one I will remember for years to come. It was this or suicide, I tell you. Meridian and I have had a wonderful relationship, but our technologies really just have not talked well to each other. Sometimes, I wonder if it's that I bring technology from north Idaho that just doesn't like your south Idaho stuff or vice versa, but I am committed to building the bonds of our two states to make things better. So, this is the layout, the home, the vision, and the markets that I was talking about. This is really the substance. Remember when we first began working together, people were saying we need the substance. Let's not just talk about warm and fuzzy issues, let us have the data. There is a great deal of that there. Then from the markets to the market strategy, how we are going to get to where we want to go, implementation details and then a tremendous amount of support materials that are ancillary or supportive to everything else that's going on in here. This front page is the message from the Mayor and a lot of graphic materials throughout; a little bit about how to explore this site for anybody who is not entirely comfortable with working on the web. One thing that you can do looking through this guidance is to go to a PowerPoint Presentation that we prepared that was animated that allows the reader to look at the vision of the future. It's a visual representation of what Meridian could be and in the PowerPoint format or in - we also created so you could put it in PDF if you don't have PowerPoint and you can just take a walk through the future. So, with that click this is now setting up PowerPoint and going into a presentation. It's a large file, but I will take just a moment to give you a sense of that or commit suicide. Just about everything else is much faster. Well, this is the steps to the future and again it takes a look at all of the values that you express, your vision and so on and we basically went through our own photo files, went all over the western U.S. looking at places that were representative of everything from your transit village, transit corridor and ways to use that, historic center and so on and we will go through this. This particular image if I were to click on it and fully go through it, which show which sub district of the downtown we are in and then go through a series of photographs that represent the range of activities that would occur there. In this case, it's the downtown district social retail. We did that for professional services and a number of other land uses district by district. So, here we are back where you can either back click or go to the bottom of each page and go back to where you were. The vision expressed this way, verbally, with a few images. Here is the Idaho Smart Growth has a website. You can click ( Meridian City Pre-Council. Meeting April 20, 2004 Page 12 of 20 on their website and go visit them; see all the different things that they are doing. Go to contacts and get more information about them. You can carry on just - at the bottom of each page going to the next subject it would be just like turning a page in a report. You can also state clear as to where you are, see the market's introduction located here at market's analysis and conclusions, each of the subsections listed on the left. So, you can never really get lost in the document. All you have to do is keep tabbing forward and you're there. This happened to be - this particular report - this is really just a button here, place order. You click on this and it goes to another PowerPoint Presentation that gave a great deal of economic information early on in the process, so I won't go there at this moment. So, key issues that we addressed, how we addressed them - wherever we had data, we didn't want to overwhelm people with it, we just wanted to make it accessible. So, we created what we call a thumbnail and click on it and then you have got graphic representation of the population within 2.5, 7.5 and 12.5-mile radius. You can make it larger. You can print it out. There are all kinds of things that you can do with it. One of the things we like about this is that anybody can cut and paste. All of this information is readily available for any business professional that might want to expand their business to apply for a loan, contemplate the possibility of coming into the community and take this to their bank or back to their home office. The demographic pages are very much the same population trends. You can right click on this, copy and paste it over into some other report if you wanted to do that. Again, highly interactive. Whenever we wanted to or needed to provide where this information comes from. It's in contact information and you can go right to the source. Now, under the market strategy we wanted to identify what the big picture was and again because of the limited time tonight, I can't go into all the details and substance of the strategies. We have done this together and will do it with the public early in May, but the strategies are supported by a range of graphic materials and then refer regularly to - here are some of the key terms that you have heard from us before: heart of the community; home to community oriented businesses; hub to the Treasure Valley through the transit corridor and so on. Again, here is Smart Growth, you could click on that and learn more. Just about anywhere you are, anytime you hear a word or see a word that's unfamiliar you can click on it and learn more. This is important. The City wanted us to - and Meridian Development Corporation wanted us to make sure that we differentiated between tactical and strategic programming and by that, for me, it's mainly about first year steps and longer term. So, we have a series of goals that are then in a hierarchy for action. That is every action is linked to a series of higher-level objectives and goals so that you know that how or why each action is being undertaken. There are three strategic elements: organize; communicate; and build. Within each of those three strategy elements there are these series of first year and longer-term goals. See how these get highlighted when you touch on them? You click on those, your longer-term goals. And then remember we promised you who, what. when, where, how? Well, here is at a fairly high level the what and of course here is the organized goal number five target business recruitment, series of actions whether or not they are one time or ongoing it's identified this particular group in ( Meridian City Pre-Council Meeting April 20, 2004 Page 13 of 20 organizations as highly oriented towards ongoing activities so it runs through the full five years; who is taking the lead and who is on the team, so that everybody knows what their roles are to be. Then those items that require more information you just can click - the ones that are highlighted, the underlined ones and get more detail. So, I will just pick one out here: Strategy Element Build. This is now basically in a ready, aim, fire format. You are not going to go into construction on the first day - there are lots of things to do before that as was identified by Civic Partners so now we are out in the build area. Here is create a strategic design pallet for streetscape elements. It is a one-time activity. That is - I have been to a number of communities in this area that have as many as seven different types of streetlamps and all kinds of different street trees. There is no strategy; there is no system to it. So, under this particular one design here is the particular (inaudible) for an action. Follow the headlines; again our goal was to make it very clear for each action what is to be done. So, this is under goals two, refined gateways and streetscapes. This is action 2 B, create strategic design pallet for streetscape elements, who is the lead, who is on the team, which year it's starting, start up (inaudible-----). The action type is one time and we had eight different categories of resources that we identified that are in this CD and over 140 different resources are listed in detail. So, what kind of resource? Who can apply for the resource? How much money might be involved, if it's not technical assistance. When do you apply for it? Who do you contact and what's the contact information? All of that is included in this. This is the kind of pallet that we are talking about here, where you have a family of materials that go into improvements in the downtown and it's remarkable to meet how often this gets lost. I was just over in Rexburg the other day looking at some of the good work that they are doing there, but it's been so piece-meal. They had four different types of streetscape materials; three different types of trashcans; four different types of benches. Really a chaotic kind of a set of activities. If you have got something like this then you are able to in a systematic step-by-step way consistently implement the vision of the program. So, that is the object there. Are you comfortable with the description I am giving about the action plan? You start with goals; you move down to objectives, get down to the individual actions. Each action is identified by what it is, when it should be done, whether it's one time or ongoing, what resources are available to it, who should do it, okay? Implementation is all about what I have just shared. It's where you are going to find the different resources. If I was to click on any of these, you would go to a resource page that begins with a table and it identifies, by category, federal, state, local and private sector resources that could be available to that category of activity. Under the support section, this is intended to help all of those people who are really going to be doing the implementation. Now, these (inaudible) I have shared with you before. For the public sector to be supportive of any kind of granting they are going to have to know how you engage the public. So, we have basically a chapter that's in the support section here that tell us what we did to engage the community. All the interviewing that we did. All of the public meetings, the workshops and so on, it's right here. You don't have to rewrite it or come up with it. When it comes time to filling out a particular grant, Meridian City Pre-Council Meeting April 20, 2004 Page 14 of 20 you go here, you click, you cut, you paste and you are done. The PowerPoint Presentations that we did are here. Every single item - every PowerPoint that we did is listed in two different formats: PowerPoint, so anybody who has PowerPoint could go here and it would be much friendlier, but if you don't have PowerPoint you can go to the PDF from Adobe, which is a free program, anybody can get it and then you can print it out very easily and you can also cut and paste with tools that they have got in PDF. So, we have tried to make all of our materials highly accessible. I think you recognize some of these; the marketing strategy, look at the future. One of these was a look at other communities that are similar to Meridian. Five other towns around the U.S. west. Glendale, Arizona, Redmond, Washington and so on, Hillsboro, Oregon and it did comparisons between who we are and who they are; how they got to where they are and relative sizes and so on. Downtown districts are defined by as maps. Lots of maps and aerial photographs are available to anyone who would like to get to that. Market watch is a private sector resource. You may recognize Thornton Oliver, color as large real estate advisory firm here in the area that has willingly accepted our request to, in fact, enthusiastically accepted our request to link to them and to their market report, so that anybody who is looking at trends. See this market watch introduction? Click on that and you will go right to their most recent market research on land use in the Treasure Valley. We have got a number of others that are just like that. If you want to contact the fellow who is involved in getting that for us at their firm, click here and write him a note. It's just that simple. So, consistently we tried to emphasize simplicity, which meant it was extremely difficult to do, but I think we have succeeded in making this a highly accessible set of materials. These are the different kinds of resource materials, federal, state, local and private. Click on those, you get a report; you can print it out or tap into individual ones. Another thing that we thought was important was that people should have ready access to all the partners in that public/private partnership that Steve and Mike were talking about. So, we have here the Meridian Chamber of Commerce, Sage, COMPASS, City of Meridian, Valley Ride, ISBDC, our firm, Idaho Department of Commerce and Hank Hubert, telephone numbers and those kinds of things, so if you want to contact any of these parties they are right there. The object being that you have a great deal of access to the kind of people that you are going to need to do implementation, whether you are in the public or on the private side. With that, I'll stop and be happy to take your questions or get into more, let's say focused connections in the materials. Nary: Council, questions for Mr. Hudson or I guess questions for Civic Partners? Bird: I have none there. De Weerd: Mr. Nary. Nary: Madame Mayor. Meridian City Pre-Council Meeting April 20, 2004 Page 15 of 20 De Weerd: This is awesome. What a tremendous tool. Would you design our website? (Laughter) De Weerd: This is very comprehensive. I think it's going to be a great tool for us. I am very impressed. Thank you. Hudson: I am certainly grateful to hear that. That's one more thing that would keep me from suicide this evening. We spent an awful lot of time trying to make this friendly and there were a lot of long nights and even some weekends to make this thing come together. We believe, truly, in the vision that you as a council have for the future of this town and we believe the evidence is there that you are not just able, but are moving toward an extraordinary place in the Treasure Valley and I think even becoming a prototype for what great communities ought to be all over the pacific northwest. We wanted to do this right. So, we work with city staff to investigate ways to push this forward and we tried to make this a highly operational document and not just one for the planning side, but for anybody who might be looking at partnering with you in the private sector and moving their ventures forward. We are hopeful that this will work for you. De Weerd: Well, you have given a tremendous tool for MDC and whoever the director might be to really pick up and be able to run with this and setting the stage for marketing and creating vision - the vision has been created, supporting that vision and supporting all of the other elements necessary to really start a strong renaissance. So, thank you. Hudson: Thank you. Rountree: Mr. Nary. Nary: Mr. Rountree. Rountree: I have a question for Steve or Mike or both. In your presentation you talked about the commitment of the community and I think it was Mike that said sometimes it doesn't take much of a commitment in terms of investment. Could you quantify that? Is there some magic ratio? Is it the market you are in, in terms of what you are willing to participate verses what the public's wanting to or entities wanting to participate? Semingson: Can you hear me? Should I come up ---? Nary: Yeah, you need to talk on the microphone. De Weerd: Mr. President. l Meridian City Pre-Council Meeting April 20, 2004 Page 16 of 20 Nary: Madame Mayor. De Weerd: I guess before we ask for an answer for that, I know Tom is going to have to leave and if Council has any further questions for him, but I guess I do to tie it to Civic Partners in their presentation time it talks about certain steps within the process and certainly a strong vision as part of that. I also saw in another one of their charts they have market studies, circulation and parking plan and those kinds of elements. It appears from what I have seen up to this point and I haven't gone through this disk yet, but all of the elements to support this kind of partnership or certainly to support the City Hall and the anchor it is going to be to a lot of the activity that we want in this area. Your study does support the necessary elements for the Civic Partners' presentation. You know, does it answer a lot of those? That was a really awkward question, wasn't it? Hudson: I followed you. Thank you. I believe that this is an important step toward what Civic Partners is discussing in terms of need. It's not the only element, but it is an essential element. I would add to the need that this needs to be adopted and then fully implemented and by fully I don't mean every single piece I mean with vigor and with system. That is wherever you are working within city government and moving activities forward it needs to be complimentary and supportive of the vision. I think only if we are systematic in each of the facets of the public sector are we going to be able to really succeed. You don't want to be working at cross-purposes, for example. That is if you believe this then we need to move forward with the better circulation system. We can't just do a few of the big pieces. I think the vision either stands or needs to be refined. So, among other things the circulation plan has to move forward. I also would urge you to move forward with the master plan for downtown, which is an important next step and it has been noted the last couple of days the design guidelines that the City was working on just prior to our getting started, but were put on hold until we were done. Those need to get further - get back under way. So, this is an important piece. There are several others that I think will fill this out and then enable the community to move forward truly in a systematic manner. De Weerd: Just a follow up. We really are coming out with an RFP for the circulation study. So, we are moving it. Next step. Nary: Is there any other questions for Mr. Hudson and then we can get back to the other question Councilman Rountree already asked? De Weerd: No, thank you. Nary: Okay. De Weerd: I know you need to go. Meridian City Pre-Council Meeting April 20, 2004 Page 17 of 20 Rountree: Thanks, Tom. Hudson: Thank you very much. It's really a pleasure working with you and with City staff. Nary: It's back to you. Semingson: Okay. The question really is best answered through, I think, looking at it from the developer's point of view as an investment opportunity and we come at it from a yield standpoint and of course when we are in different business economic cycles, yield expectations can be very different. But, today the capital is available for this kind of a project and very readily available, but it has to meet the yield requirements of the capital markets both from a return point of view as well as the risk profile that the capital markets would be expecting, relative to that kind of a yield. It depends on the - how much capital is invested is really a function of what tools are available. For instance, if tax credits are used the tax credit partners, those capital sources that have an appetite for tax credits today. Their appetite is not being met. So, to the extent that you skew the projects for things that qualify for tax credits either new market's tax credits, urban renewal tax credits or for housing tax credits, there is a machine out there that is not being adequately fed today for places to put the dollars. So, it's really a function of how you engineer the economics of the project to take advantage of that, but the scarce resource today is not the investment capital. But, it does have to meet an industry standard or industry expected yield. Whether that's our own capital because we look at from an opportunity cost standpoint. Where we deploy our capital is where we are going to have the most opportunity also and it runs very consistent with what the capital markets are doing. Did I answer your question? Rountree: Well, not quite, but I will follow up if I might. Nary: Certainly, go ahead. Rountree: You mentioned engineering the economics. Is that a facet of this that your entity would participate in a public/private partnership or is that something the City would seek another resource in order to pursue? Semingson: We would provide that. You may want to have an economic consultant of your own. But, we would see ourselves leading that process. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess I am interested to find out how the public goals are determined and if some of that can be tied into the exercise we just went through ( Meridian City Pre-Council Meeting April 20, 2004 Page 18 of 20 and then where is the public brought into this process and what kind of timeframes do you have? Semingson: We - usually the public goals are pretty well established and thought through, although we have our own thoughts on perhaps how the vision can be expanded, maybe providing a menu of other things that could be done in the community that might benefit us as the at-risk developer as well as benefiting the public agency. So, I think that the goals are created as part of the process of the rest of the community from our experience in other communities. We, I think I showed a slide at what was a public forum that we were involved in where we weren't certain that the public was getting all their questions answered, so we created this environment almost like a trade fair where we had the investment bankers, we had the design team, we had the engineers, we had the property managers, we had our general contractor; our company was there and had some booths and it was an event where the public could come and learn everything they wanted to know about the project and talk to, well in fact, the planning department happened to be at this public forum and we would encourage doing that very early on. You want to try and create some boundaries, initially, but once that is created then we find that we are usually better off in the long run getting the public invited in as early as we could. Mike talked about that timeframe from 1991 to 1999 and we experienced a very long process on the Ada County corridor project also. Both cases, the major setbacks unanticipated setbacks were lawsuits. With the Ada County it was a taxpayer lawsuit that where their agenda was really to try to curtail any kind of public funding. Any bond financing that had tax advantage to it and that set us back, I think, the whole lawsuit process took maybe a year and then restarting the process again it probably set the thing back two years. In Modesto there was a couple of lawsuits. There was a rejected suitor that competed with us on the project and then there was a - that project required - there was one hold out and so it required some condemnation and the condemnation set the project back a year or so also. Those are things that you can't predict. If - in both cases had we not had the lawsuit we could have cut the timeframe down by several years Wardle: -- Mr. President. Semingson: -- you are farther ahead by the way than we would normally have. We don't have the benefit of coming in midstream where you have had somebody like the Hudson group. That's really going to put you ahead of the curve from a timing standpoint. De Weerd: I appreciate that. Nary: Mr. Wardle. Wardle: As far as the development process is it my understanding that you are kind of the overlay development within the process whereas, or do you ( Meridian City Pre-Council Meeting Apr1l20, 2004 Page 19 of 20 coordinate those new tax credits the (inaudible -- ) programs, the grant programs. Do you coordinate that all together, essentially in sponsorship with the public entity? Semingson: Yes. Those pieces are so inter-related that they have to fit together. Wardle: Okay. A follow up, Mr. President. Nary: Certainly, go ahead. Wardle: Since you have done a couple of these projects and you have mentioned that your only delays are - have been some lawsuits. Have you factored that into your contingency program as well? Is that - are you changing your model to incorporate some potential for that? Semingson: We are and, you know, public private partnering and place making and urban renewals really had its infancies. So, we are continuing to refine our program and boy if I said that the only surprises that we got were the lawsuits, we have had others too and some in which we have created and others that the public sector have created for us and I think besides the legal aspects of our business and the unpredictable nature of that there is also the fickle nature of retail. We have had our share of issues that we have had to resolve if you're designing a space for a particular kind of user. You had better have the bookstore there because if there is another bookstore your (inaudible) is not going to like the first plan. Nary: Any other questions, Council? Lots of tremendous information. I really appreciate all of the time and the effort. It really was quite compelling. Semingson: Well, thank you, it was fun for us. Rountree: Thank you. Semingson: Thank you very much. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess I would like to talk about the next steps on the Hudson study. I do believe he suggested that we do adopt this document and would that be by resolution, you know? What kind of - I think that everyone needs a chance to look at it, but what are our next steps as far as our process goes? Nary: Mr. Nichols. (.. Meridian City Pre-Council Meeting April 20, 2004 Page 20 of 20 Nichols: Mr. President. Madame Mayor, members of the Council. Typically, when you had a strategic plan you have done it by resolution. You have adopted it by resolution, so that there is a document to attach to the plan that shows formal adoption by the Council. Nary: So, Madame Mayor, I think, I guess to give everyone an opportunity and I assume MDC Board also has to review this and by (inaudible) if it's acceptable- (Inaudible discussion) Nary: -- board they would also adopted by resolution and then turn it back this way, so I would think hopefully in a month, we may be looking at that or something like that. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Craig is out but I believe that's what we resolved at the last meeting that we would take this up next meeting and get it to Council. Nary: Great. Perfect. That sounds great. Council, any other business since we are at the end of our agenda? Bird: I would move that we would adjourn from our pre-council meeting. Wardle: Second. Nary: It's been moved and seconded to adjourn from the pre-council meeting. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:52 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) C::~ ) TAMM WEERD, MAYOR ATTESTED: ~ ~ WILLIAM G. 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"" ~ ~ j.() I Co -;:.. ~ ~ ~ - - - - April 15, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 20, 2004 ITEM NO. .3 REQUEST Presentation of Procedure / Process of Construction of Government Building by Civic Partners AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGA nON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. s ~ ~ ~ . t (": IJ "'n",'.._, ,.".,.-:::-:] ~!:";.......~ c"': 'Z:?~^~ " ~W"'J ~"""'"w EI e"'H*"Ll ~ ~ El ""'"'" 'H',", b ;t~ ~ '1.q~ 11' I'~i~ lbiJJ J -""-' "',,~,. 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T 1: tl iEc ~ tU ~ a.:>_ 8eo. a. .E Ilt'" ~~ll ~oe. ~ :a:;:: G.1 _ ~ c.l'l g .!H E.ao..i~ 8 ~ 0 0~& I Illt", >m", :;lEe. co !l.Cl/ 1:00 '-- t:: 2~0 ;{IlJU o .!$ .!i! c ... .- C;1If Cl/ '- 01.; 0.5 ~u (jio! rn ClI :s ~ ... (fl tli .:I. .. III ~ ~ ro ";:; E 8 m .TI: o C ~ m .a E :... ~ g. 'E ~ 1) :J J: > 8 6 ~ . . --I ] I It I I _.I Q/ .. :J 11\ ti ';;; ::l:>, 1.- ....10 III l: ~c:( ... c: ~ ~ -g ~ "C c 0 I1 -0 ~]ii .; ~~~ f<i ~ ~ j U5~z~ ~~~ g t:.::(...J 0 :> , E E o u I~.i. ~ I I I:~. ?! ~ -, tI/l c: c.!!! oc. :0::01 .!!!c: ::l .- 0.:1. I. .. ._ 10 (,)c. I I~ I ~ T I ~ ~. ~ . . ; ~ I c ~ L- I!l_ I!l_ L- t: I I', I~. , I I I I I April 15, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT April 20, 2004 t ITEM NO. REQUEST Update on Market Strategy by The Hudson Company AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT; ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ** TX CONFIRMRTION REPORT ** 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DRTE TIME TO/FROM 04/14 11:11 PUBLIC WORKS 04/14 11:12 12084664405 04/14 11:13 8841159 04/14 11:14 2088840744 04/14 11:15 POLICE DEPT 04/14 11:16 8985501 04/14 11:17 LIBRRRY 04/14 11:18 92083776449 04/14 11:18 208 388 6924 04/14 11:20 2088886854 04/14 11:20 208 895 0390 04/14 11:22 208 387 6393 04/14 11:23 RDR CTY DEVELMT 04/14 11:24 8885052 04/14 11:25 CHERRY LRNE 04/14 11:26 POST OFFICE 04/14 11:28 ID PRESS TRIBUNE 04/14 11:29 2088886701 04/14 11:33 3810160 04/14 11:34 128300040 04/14 11:35 IDAHO ATHLETIC C AS OF APR 14 '04 11:36 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 G3--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00'24" 001 00'26" 001 00'25" 001 00'25" 001 00'25" 001 00' 24" 001 00'29" 001 00'25" 001 00'29" 001 00'25" 001 00'25" 001 00'24" 001 00'26" 001 00'24" 001 00'41" 001 00'34" 001 00'25" 001 00'25" 001 00'34" 001 00'29" 001 00'24" 001 CMDl:* 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 204 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK --------------------------------------------~----------------------------------------------- MAYOR l'ammy de WeeI'd CITY COUNCIL MEMBERS Shalll\ Wardle William L. M. N<lry Ch<.lrlcs M. Rounln::e Keith Bird J~( , HDJ I.EGAI. DBPARTMENT (208) 466-9272 . FAX 466-4405 PARKS &. RECREATION (20S) 888.3519' F~x 898.5501 PUI31.1C WORKS (20B) 898-5500' F~x 887-1297 fHHLDING Dm'ARTM~T (208) 887.2211' P;tXS87-12.97 PLANNINO &. lONfNO (208) g1l4.55J3 . Fo.)'. 888.6854 CITY OF MERIDIAN SOlLO WASTE AD-HOC ADVISORY COMMITTEE NOTICE IS HEREBY GIVEN that the City of Meridian Solid Waste Ad-Hoc Advisory Committee will hold a meeting at Sanitary Services Company Office, 2130 W. Franklin Road, Meridian, Idaho (888-3999) on Thursday, April 15, 2004 at 7:00 A.M. The agenda will be as follows: 1. Roll-call Attendance. 2. Discussion of Recycling Fund. ** TX CONFIRMATION REPORT ** AS OF APR 09 '04 10:26 PAGE. 01 06 08 DATE TIME TO/FROM 04/09 10:22 IDAHO ATHLETIC C 04/09 10:26 3810160 MODE EC--S EC--S CITY OF MERIDIAN BUILDING PERMIT REPORT FY2004 Ending: SEP 2004 NEW CONSTflUCTION lYPE Rurd~ntlal Fiscal Year Permits Mul!i-Family CommercIal PermIts Pormits 2UD4 OCt 1S3 No\! 136 Dee 123 Jan 118 Fob 119 Mar 222 Apr May Jun Jul Aug Sop 6 9 11 1 7 ;; 7 2 5 1 5 14 r;~ 10 D~ta TQLal3 e~)1 41 J2 CITY OF MERIDIAN BUILOING PERMIT REPORT FY2003 Ending: SEP 2003 NEW CONSTRUCllON TYPE Residential Multl-Farnily Commorclal Fisc1!1 Year PermIts Permits PermIts 2003 Oct 64 2 6 Nay 55 0 4 Dee: 79 0 3 J"n 124 0 10 Feb 83 0 ;; Mar 109 0 1 Apr 101 1 6 May 109 3 5 Jun 107 0 6 Jul 114 G 5 Aug 118 1<1 4 Sep 150 4 -tiSI' 10 D~I~ TQ'l.:JI.::; 121J JO S9 CITY OF MERIDIAN MIN/SEC PGS 00'20" 001 00'22" 001 CMDlt 150 150 STATUS OK OK ** TX CONFIRMATION REPORT ** 07 DATE TIME TO/FROM 134/139 113:23 2138 388 6924 MODE EC--S -----------------------------------------------------------------~---------~---------------- CITY OF MERIDIAN BUILDING PERMIT REPORT FY2004 Eadlng: 5EP 2004 NEW CONSTRUCTION "TYPE Residential Fiscal Y8ar Permits MulU-F:unlly Commercial PermIts Permits 6!1.Q! Oet 163 No'l 136 Dee 123 Jan 118 Fob 119 Mar 222 Apr May Jun Jul Aug Sap 6 9 11 1 7 5 7 2 5 1 5 14 'sor 10 'D-Pilrl TCI~.:Jl::; ea1 41 32 CITY OF MERIDIAN BUILDING PERMIT REPORT FY2003 Ending; SE? 2003 NEW CONSTRUCTION TYPE Residential Multl.Famlly CQmm....clal Fls~1 Yem' ~ Permitl:: Porm~ 2003 Oct 64 2 6 Nav SS 0 4 Dee 79 0 3 J~n 124 0 10 Feb 83 0 5 Mar 109 0 1 Apr 101 1 ;; May 109 3 5 Jun 107 0 6 Jul 114 (; 5 Aug 118 14 4 Sep 150 { 4 '6<1,10 D<>IO Tolol., 1213 30 59 AS OF APR 89 '84 113:23 PAGE. 01 CITY OF MERIDIAN MIWSEC PGS 1313' 17" eel CMDl=I 151 STATUS OK /' ( ** TX CONFIRMATION REPORT ** AS OF APR 16 '84 17:86 PAGE.81 CITY OF MERlDli=lN 29 30 31 32 DATE TIME TO/FROM 84/16 16:59 3818168 04/16 17:01 PUBLIC WORKS 1214/16 17:83 212184664485 84/16 17:85 8841159 MIN/SEC PG5 1212'87" 884 81'14" 884 81'13" 81214 81'14" 12184 CMDI1 229 229 229 229 STATUS OK OK OK OK MODE EC--S EC--S EC--S EC--S -------------------------------------------------------------------------------------------- ~~~ qrfJt ~ ~V\:>t<C- \'JotiLL-1V1t1tV1b;. ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 20, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Charlie Rountree _ Sill Nary Shaun Wardle _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of March 16,2004 City Council Regular Meeting: B. Approve Minutes of March 16, 2004 Pre-Council Meeting: C. Approve Minutes of March 23, 2004 City Council Regular Meeting: D. Approve Minutes of March 23, 2004 Pre-Council Meeting: E. Approve Minutes of April 6, 2004 City Council Regular Meeting; F. Approve Minutes of April 6, 2004 Pre-Council Meeting: G. Tabled from April 13, 2004: Findings of Fact and Conclusions of Law for Approval: AZ. 03-025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: VAC 04- 002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for Scottsdale Subdivision by Landmark Engineering & Planning, Inc.- south of West Franklin Road and east of South Under Road: Moridi.n City Coun.il ^Sond. - ^priI20, 1004 Psge I of 4 Allmoleri"ls pretenled 01 public ~elings shall b"come properlY of Ine CII)' of Meridian. ^"yone desiring ..comlmdJtion for disabilities relaled '0 documents and/or nc.rings "lellse coolllot lhd City CI<rK'. Ofliec at &88-4433 at lellSt 48 hours prior 10 Ibe publio meeting. { r: ( ** TX COt-."."MATJON REPORT ** AS OF APR 16 '04 17;~;> PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PC;S CMDll STATUS 01 04/16 17: 136 2088840744 EC--S 01'13" 004 229 OK 02 04/16 17:08 POLICE DEPT EC--S 01'13" 004 229 OK 03 04/16 17'10 8985501 EC--S 01'12" 004 229 OK 04 04/16 17:11 LIBRARY EC--5 01'36" 004 229 OK as 04/16 17:14 IDAHO STATESMAN EC--S 01' 13" 004 229 OK 06 04/16 17:15 2083886924 EC-S 01'35" 004 229 OK 07 04/16 17:18 2088886854 EC--S 01' 13" 004 229 OK 1218 1214/16 17'2121 ALL AMERICAN INS EC--S 01' 14" 004 229 OK 09 04/16 17'21 208 895 0390 EC--S 01' 13" 004 229 OK 10 04/16 17:23 128300040 G3--S 01'37" 004 229 OK 11 04/16 17:25 208 387 6393 EC--S 01'14" 004 229 OK 12 04/16 17:27 ADA CTY DEUELMT EC--S 01' 14" 004 229 OK 13 04/16 17:29 8885052 EC--S 1211'13" 004 229 OK 14 04/16 17'31 CHERRY LANE 1>3-S 02'34" 004 229 OK 15 04/16 17:34 POST OFFICE EC--S 02'07" 004 229 OK 16 04/16 17:37 IDAHO ATHLETIC C EC--S 01'13" 004 229 OK 17 04/16 17'38 887 0816 @-S 02'34" 004 229 OK 18 04/16 17:42 ID PRESS TRIBUNE EC--S 01' 14" 004 229 OK 19 04/16 17:43 2088886701 EC-S 01'13" 004 229 OK ~lto.~ qrPt -\or ~0bhG \\JotiLL~l\t1~V1ts ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 20, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Charlie Rountree _ Bill Nary Shaun Wardle Keith Bird - _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan KeHy, Capital Christian Center; 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of March 16, 2004 City Council Regular Meeting: B. Approve Minutes of March 16,2004 Pre-Council Meeting: C. Appro\le Minutes of March 23, 2DD4 City Council Regular Meeting: o. Approve Minutes of March 23, 2004 Pre-Council Meeting: E. Approve Minutes of April 6,2004 City Council Regular Meeling: F. Approve Minutes of April 6, 2004 Pre-Council Meeting: G. Tabled from April 13, 2004: Findings of Fact and Conclusions of l.aw for Approval; AI 03-025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlfn by W. H. Moore Company - northwest comer of East Ustick Road and North Eagle Road: H. Findings of Fact and Conclusions of Law for Approval; VAC 04- 002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for Scottsdale Subdivision by Landmark Engineering & Planning, Inc.- south ofWesl Franklin R08d and east of South Linder Road: MeridiILl1CilYCounc::i] ASr;rldl- Apri~20J2004 Pac-c 1 of-4- All "",(.ri.l, prt<<n",d .t public "","lnts sholl "","m. properlY o(lIl. ell)' of Meridian. ^nyonc: 4lt~iring:acco.mmod3.ticn for dls::abil(t~es rebted to documents :ilndlorhciLnngs plQJ:C -c:anl:l.e-t Lhc: City Clerl<'" Offiu 3.t SSS--44,]3l1llce.st 48: haurs ~riD:r 10 Ihe public meeLiI\& ** TX CONFIRMATION REPORT ** AS OF APR 16 '04 16:57 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:I STATUS 06 04/16 16:34 3810160 EC--S 00' 33" 001 228 OK 07 04/16 16:35 PUBLIC WORKS EC--S 00' 23" 001 228 OK 08 04/16 16:36 12084664405 EC--S 00'25" 001 228 OK 09 04/16 16:37 8841159 EC--S 00'24" 001 228 OK 10 04/16 16:38 2088840744 EC--S 00' 23" 001 228 OK 11 04/16 16:39 POLICE DEPT EC--S 00'23" 001 228 OK 12 04/16 16:40 8985501 EC--S 00'23" 001 228 OK 13 04/16 16:41 LIBRARY EC--S 00' 29" 001 228 OK 14 04/16 16:42 IDAHO STATESMAN EC--S 00'24" 001 228 OK 15 04/16 16:43 208 388 6924 EC--5 00'28" 001 228 OK 16 04/16 16:44 2088886854 EC--S 00'24" 001 228 OK 17 04/16 16:45 RLL AMERICRN INS EC--S 00'24" 001 228 OK 18 04/16 16:46 208 895 0390 EC--S 00'24" 001 228 OK 19 04/16 16:47 128300040 G3--5 00' 28" 001 228 OK 20 04/16 16:48 208 387 6393 EC--S 00'28" 001 228 OK 21 04/16 16:49 RDR CTY DEUELMT EC--S 00'24" 001 228 OK 22 04/16 16:50 8885052 EC--5 00'23" 001 228 OK 23 04/16 16:51 CHERRY LRNE G3--5 00'40" 001 228 OK 24 04/16 16:52 POST OFFICE EC--S 00'38" 001 228 OK 25 04/16 16:54 IDAHO ATHLETIC C EC--S 00'24" 001 228 OK 26 04/16 16:55 887 0816 G3--5 00'41" 001 228 OK 27 04/16 16:56 ID PRESS TRIBUNE EC--S 80'23" 001 228 OK 28 04/16 16:57 2088886701 EC--S 00'23" 001 228 OK ~llCl~L. \{ost--tn< rUt?lIG IVOtlf...t.-- I VI()ILt.~~ ! M^ YOR Tammy de Weerd clfe;:;di:rit IDAHO ~w~ LEGA t DEPARTMENT (208) 466-1)272 . PAX 466-4405 PARKS & RECREATION (208) 888.3579 . Far:. S9S.550 I PUBLIC WORKS (20ll) 898-5500 . Fa,.; 887-1297 BUILDING DBPARTMENT (208) 887-2211 . Fa:!: 887-l297 PLANNING & ZONING (208) 884.5533 . Fa;.; 888-6854 CITY COUNCIL MEMBERS SIUlUI1 W<lrdlc William L M, N:uy Charle~ M. ROUl1lrtc: Kcith Bird NOTICE OF PRE-COUNCil MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, April 20, 2004 at 5:30 P.M. The Meridian City Council will be ( NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 20, 2004, for the purpose of reviewing and approving new proposed fees for 6, 8, and 10 cubic yard boxes for roll off services by Sanitary Services Company. Documentation and fee schedule regarding the proposed new fees are on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and said file is available for review during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 2nd day of April, 2004. 1~~ PUBLISH 5th and 19th of April, 2004. ~ll<;'~L QOSt- -Wi fubU~ AJol1~~ 1V1ol1f~~ ;.-' .I- t ':z:' .. MAYOR Tammy de Weerd ~~ / CITY OF ~Lt3rldl{;[fi IDAHO LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 . Fax 887- J 297 BUILDING DEPARTMENT (208) 887-2211' Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird NOTICE OF PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, April 20, 2004 at 5:30 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Presentation of Procedure / Process of Construction of Government Building by Civic Partners Update on Market Strategy by The Hudson Company DATED this 16th of April, 2004. - - The public is welcome to attend the meeting. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642' (208) 888-4433 City Clerk Office Fax (2()fn RRR-A'? 1 ~ . Pnm~n D~MnM~_ n_.. ,..,,,,,, M' MM Revised April 20, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 20, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Charlie Rountree K Bill Nary ~ Shaun 1(rdle (C Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: /507 Ji:~ 7>-CJtlp Jo 6 3. Community Invocation by Pastor Burton Roberts, Meridian Gospel Tabernacle: 4. Adoption of the Agenda: ~ V'<..- 5. Consent Agenda: A. Approve Minutes of March 16,2004 City Council Regular Meeting: tZtpn:'fr<- B. Approve Minutes of March 16, 2004 Pre-Council Meeting: ~~ C. Approve Minutes of March 23, 2004 City Council Regular Meeting: /.j'~V'4- D. Approve Minutes of March 23,2004 Pre-Council Meeting: al'p-h~ E. Approve Minutes of April 6, 2004 City Council Regular Meeting: c1;rp-ru'...,..tt.....-- F. Approve Minutes of April 6,2004 Pre-Council Meeting: Q~ G. Tabled from April 13, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: ~\.o.....c- H. Findings of Fact and Conclusions of Law for Approval: VAC 04w 002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for Scottsdale Subdivision by Landmark Engineering & Planning, Inc. - south of West Franklin Road and east of South Linder Road: aj?F"'V-<-- Meridian City Council Agenda - Aplil20, 2004 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised April 20, 2004 I. Findings of Fact and Conclusions of Law for Approval: CUP 04- 002 Request for a Conditional Use Permit for a temporary bank facility with a drive-thru window and a drive-thru window for the permanent structure in a C-C zone for Farmers and Merchants State Bank by CSHQA - southwest corner of East Overland Road and South Eagle Road: wpp-rov..e- J. Order Granting Remand to Planning and Zoning Commission: AZ 03-037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: ~ v-(.- K. Order Granting Remand to Planning and Zoning Commission: PP 03-046 Request for Preliminary Plat approval of 215 residential building lots and 34 common lots on 46.40 acres in a proposed R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: ~ py-,:ovo-e... L. Order Granting Remand to Planning and Zoning Commission: CUP 03-070 Request for a Conditional Use Permit for a Planned Development with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks for patio homes for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: e::.r pYQ,^-,<- M. Resolution No. t91-- 1" $0 TerminatinQ aQent of record designation for the City of Meridian: a-rpY'l?V\.,L-- N. Release of Agreement for Sewer I Water Assessment for Seventh Dav Adventist Church: ~ O. Pressure ReducinQ Vaults (PRV's) and Victory Road Water Line: q~ P. Centrate Eauiliation Tank Desian Proiect: ~y..rt- Q. Approve Beer, Wine. and Liauor License Renewals: &,~Vv<- Wal-Mart - Beer & Wine Ultra Touch Car Wash - Beer Bangkok House - Beer & Wine Muggsy's - Beer & Liquor The Cigarette Store - Beer Wingers - Beer & Wine Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #24 - Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 - Beer & Wine Meridian City Council Agenda - April 20,2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiling accommodation for disabilities related to documents and/or hemings please contact the City Clerk's Office at 888-4433 at least 48 hours pIlar to the public meeting. Revised April 20, 2004 Jacksons Food Store #97 - Beer & Wine Jacksons Food Store #98 - Beer & Wine Epi's - Beer & Wine Round Table Pizza #870 - Beer & Wine West of Philly - Beer & Wine Pizza Hut - Beer & Wine Pizza Hut - Beer & Wine Chicago Connection - Beer & Wine R. Aureement for Hookup to the City of Meridian's sewer system, outside the City Limits for Goldcreek Developers, LLC (James Jewett) for Westborough Subdivision: ~V'L- 6. Department Reports: A. Parks and Recreation Department - Doug Strong 1. Discussion of Kiwanis Park Aareement: ~(fV B. Planning and Zoning Department - Anna Powell 1. Diane Kushlan Consultina Services: ~~ C. Police Department - Bill Musser 1. National Fast Draw Championship Presentation: 2. Discussion of Traffic Safetv Commission Amended Ordinance: d"n- Ae-,ci- ~(bwd.A- D. Public Works Department - Gary Smith 2-. C.ltp.-r-~ P;-~ - r~der:v/lc;/t-d. ~h7,;e~1- ~'.7#;O&O u?prz.j,~ 1. Presentation on Meridian's Water ResouJces by Ed ,Squir~s: P/1- ~'--4--tJ4-(h7L -c~....c.c..e..- E. C/ry Cvv--nc-v0IV~dev (- Vt-?#I/Ck p-e"L C/...erv.r; ~ 6dl- ~ (Items Moved from Consent Agenda) 7. 8. FP 04-022 Request for Final Plat approval of 31 single family residential building lots and 2 common lots on 8.99 acres in a R-8 zone for Sundance Place Subdivision No.2 by Sundance Limited Company, LLC - east of North Meridian Road and north of East Ustick Road: apJ?H>~ FP 04-023 Request for Final Plat approval of 61 single family residential building lots and 2 common lots on 17.27 acres in a R-8 zone for Sundance Place Subdivision No.3 by Sundance Limited Company, LLC - east of North Meridian Road and north of East Ustick Road: ~~ 9. Meridian City Council Agenda - April 20,2004 Page 3 of 4 All materials presented at public meetings shall become propelty of the City of Meridian. Anyone desiring accollunodation for disabilities related to documents and/or hearings please contact the City Clerk's Ottice at 888.4433 at least 48 hours prior to the public meeting. 12. 13. 14. 15. 16. 17. 18. 19. Revised April 20, 2004 10. FP 04-024 Request for Final Plat approval of 41 single family residential building lots and 10 common lots on 10.64 acres in a R-8 zone for Sageland Subdivision by Quasar Development, LLC - northeast corner of East Victory Road and South Locust Grove Road: .fv6t'e fo ~-2/-0?-- Continued Public Hearing from April 13, 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: atfrn-hL'J f.:, frn!;:.'.c~ r/;: 'f c/~ Continued Public Hearing from April 13, 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: > a -r17n- ~ ? 1-0 /?>"e /,k1-< Ii! ( cJ--<- Continued Public Hearing from April 13, 2004: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: a~h.e-J A7 ~.~~ ./IJ: (e-/...e- Public Hearing: Request to provide roll off services to the City of Meridian: /f,I'/-I7l-neJ I.P jdrep~ I-~f,,/u-b~ Report from Brad Watson on sewer feasibility north of Area of Impact: fre J:e..Ae d-- Tabled from April 13, 2004: Resolution No. tJ~~.df-:J I Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: ~rP v-..c.... Ordinance No. #1- - /07-:; Pretreatment I Sewer User Amended Ordinance: ?F~V'-Z- Water, Sewer and Trash Delinquencies: tJj;>pr-r:> v---L- 11. Executive Session per Idaho State Code 67-2345(1)(c): ,h-o dec;J/~ Meridian City Council Agenda - April 20, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Oftice at 888-4433 at least 48 hours priOl'to the public meeting. May 7, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT May 11, 2004 ITEM NO. 6.A REQUEST Approve minutes of April 20, 2004 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SmlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ifr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. c..- Kevised April 20, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 20, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Charlie Rountree X Bill Nary X Shaun Wardle X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop 306 3. Community Invocation by Pastor Burton Roberts, Meridian Gospel Tabernacle: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of March 16, 2004 City Council Regular Meeting: Approve B. Approve Minutes of March 16, 2004 Pre-Council Meeting: Approve C. Approve Minutes of March 23, 2004 City Council Regular Meeting: Approve D. Approve Minutes of March 23, 2004 Pre-Council Meeting: Approve E. Approve Minutes of April 6, 2004 City Council Regular Meeting: Approve F. Approve Minutes of April 6, 2004 Pre-Council Meeting: Approve G. Tabled from April 13, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: Approve H. Findings of Fact and Conclusions of Law for Approval: VAC 04. 002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for Meridian City Council Agenda- April 20, 2004 Page 1 of5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring acconunodation 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. i l I-<.evised April 20, 2004 Scottsdale Subdivision by Landmark Engineering & Planning, Inc. - south of West Franklin Road and east of South Linder Road: Approve I. Findings of Fact and Conclusions of Law for Approval: CUP 04- 002 Request for a Conditional Use Permit for a temporary bank facility with a drive-thru window and a drive-thru window for the permanent structure in a C-C zone for Farmers and Merchants State Bank by CSHQA - southwest corner of East Overland Road and South Eagle Road: Approve J. Order Granting Remand to Planning and Zoning Commission: AZ 03-037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: Approve K. Order Granting Remand to Planning and Zoning Commission: PP 03-046 Request for Preliminary Plat approval of 215 residential building lots and 34 common lots on 46.40 acres in a proposed R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: Approve L. Order Granting Remand to Planning and Zoning Commission: CUP 03-070 Request for a Conditional Use Permit for a Planned Development with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks for patio homes for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: Approve M. Resolution No. 04-430 TerminatinQ aQent of record designation for the City of Meridian: Approve N. Release of Agreement for Sewer I Water Assessment for Seventh Dav Adventist Church: Approve O. Pressure ReducinQ Vaults (PRV's) and Victory Road Water Line: Approve P. Centrate EQuiliation Tank Desian Proiect: Approve Q. Approve Beer. Wine. and liquor License Renewals: Approve Wal-Mart - Beer & Wine Ultra Touch Car Wash - Beer Bangkok House - Beer & Wine Muggsy's - Beer & Liquor Meridian City Council Agenda - April 20, 2004 Page 2 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring acconunodation 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. kevised April 20, 2004 The Cigarette Store - Beer Wingers - Beer & Wine Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #24 - Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 - Beer & Wine Jacksons Food Store #97 - Beer & Wine Jacksons Food Store #98 - Beer & Wine Epi's - Beer & Wine Round Table Pizza #870 - Beer & Wine West of Philly - Beer & Wine Pizza Hut - Beer & Wine Pizza Hut - Beer & Wine Chicago Connection - Beer & Wine R. AQreement for Hookup to the City of Meridian's sewer system, outside the City Limits for Goldcreek Developers, llC (James Jewett) for Westborough Subdivision: Approve 6. Department Reports: A. Parks and Recreation Department - Doug Strong 1. Discussion of Kiwanis Park AQreement: Approve B. Planning and Zoning Department - Anna Powell 1. Diane Kushlan Consultina Services: Approve C. Police Department - Bill Musser 1. National Fast Draw Championship Presentation: 2. Discussion of Traffic Safety Commission Amended Ordinance: On Next Agenda D. Public Works Department - Gary Smith 1. Presentation on Meridian's Water Resources by Ed Squires: On May 4, 2004 Pre~Council 2. Change Order - Franklin Road Project $34,000: Approve E. City Council - Shaun Wardle 1. Update of Cherry lane Golf Course: 7. (Items Moved from Consent Agenda) Meridian City Council Agenda - April 20, 2004 Page 3 of 5 All materials presented at public meetings shall become property oftbe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Kevised April 20, 2004 8. FP 04-022 Request for Final Plat approval of 31 single family residential building lots and 2 common lots on 8.99 acres in a R-8 zone for Sun dance Place Subdivision No.2 by Sundance Limited Company, LLC - east of North Meridian Road and north of East Ustick Road: Approve 9. FP 04-023 Request for Final Plat approval of 61 single family residential building lots and 2 common lots on 17.27 acres in a R-8 zone for Sundance Place Subdivision NO.3 by Sundance Limited Company, LLC - east of North Meridian Road and north of East Ustick Road: Approve 10. FP 04-024 Request for Final Plat approval of 41 single family residential building lots and 10 common lots on 10.64 acres in a R-8 zone for SaQeland Subdivision by Quasar Development, LLC - northeast corner of East Victory Road and South Locust Grove Road: Table to April 27, 2004 Meeting 11. Continued Public Hearing from April 13, 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Attorney to prepare Findings of Fact and Conclusions of law for Approval 12. Continued PUblic Hearing from April 13, 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Attorney to Prepare Findings of Fact and Conclusions of law for Approval 13. Continued Public Hearing from April 13, 2004: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Attorney to Prepare Findings of Fact and Conclusions of law for Approval 14. PUblic Hearing: Request to provide roll off services to the City of Meridian: Attorney to Prepare Resolution 15. Report from Brad Watson on sewer feasibility north of Area of Impact: Presented 16. Tabled from April 13, 2004: Resolution No. 04431 Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: Approve Meridian City Council Agenda - April 20, 2004 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please cQntact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. >>> f i >t\evised April 20, 2004 Ordinance No. 04-1075 Ordinance: Approve 18. Water, Sewer and Trash Delinquencies: Approve Pretreatment I Sewer User Amended 17. 19. Executive Session per Idaho State Code 67-2345(1)(c): No Decision Meridian City Council Agenda - April 20, 2004 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting April 20. 2004. The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, April 20, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Staff Present: Bill Nichols, Will Berg, Anna Powell, Kenny Bowers, John Overton, Brad Watson, Gary Smith, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the regular City Council meeting to order. It's Tuesday, April 20th. Thank you all for joining us here tonight. We will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is the pledge of allegiance and we will be led in the pledge from Troop 306 and, I'm sorry, Marcus Fernandez. Thank you. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Stan Kelly, Capital Christian Center: De Weerd: Thank you. We have added a couple of items to our regular agenda. We start off with a pledge. The second item we added was a community invocation. We wanted to involve our faith community and integrate it into our city issues, looking for solutions, and this is one of the first ways we have integrated the faith community within our city government. We look for all religions to be involved and have encouraged them to get a hold of Pastor Burton Roberts, who has been coordinating the different leaders who have joined us at each of our meetings. So, regardless of what religion or not, please, use this moment as a time to reflect and just look at the time ahead of us on our agenda and give you an opportunity and us an opportunity to put everything in perspective. So, we are joined for this community invocation by Pastor Burton Roberts with the Meridian Gospel Tabernacle. Roberts: Thank you, Madam Mayor, Council. Shall we pray? Most gracious and kind Heavenly Father, we do pause in the busyness of our schedule tonight to just say thank you. Thank you for the many blessings that we as a community have every day and so many times they pass us by without us really sensing how privileged we are as a people Meridian City Council April 20, 2004 Page 2 of 44 to live where we live. Tonight, Father, I just ask that we could invoke your presence for this meeting, bring about to each of our hearts and minds the wisdom and the knowledge and the patience and truly the peace that comes from knowing that you are able to bring joy into all of our hearts. Have your way in this meeting tonight and all of our lives we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- on the agenda as published we have got a resolution, which number is 04-430 and our ordinance number is 04-1075. And, with that, I would move that we approve the agenda as revised on April 20th, 2004. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the agenda as amended or changed. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of March 16, 2004 City Council Regular Meeting: B. Approve Minutes of March 16, 2004 Pre-Council Meeting: C. Approve Minutes of March 23, 2004 City Council Regular Meeting: D. Approve Minutes of March 23, 2004 Pre-Council Meeting: E. Approve Minutes of April 6, 2004 City Council Regular Meeting: F. Approve Minutes of April 6, 2004 Pre-Council Meeting: G. Tabled from April 13, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: VAC 04-002 Request for a Vacation of~C1sements for Lots 2 & 3, Block Meridian City Council April 20, 2004 Page 3 of 44 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for Scottsdale Subdivision by Landmark Engineering & Planning, Inc. - south of West Franklin Road and east of South Linder Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 04-002 Request for a Conditional Use Permit for a temporary bank facility with a drive-thru window and a drive-thru window for the permanent structure in a C-C zone for Farmers and Merchants State Bank by CSHQA - southwest corner of East Overland Road and South Eagle Road: J. Order Granting Remand to Planning and Zoning Commission: AZ 03-037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: K. Order Granting Remand to Planning and Zoning Commission: PP 03-046 Request for Preliminary Plat approval of 215 residential building lots and 34 common lots on 46.40 acres in a proposed R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: L. Order Granting Remand to Planning and Zoning Commission: CUP 03-070 Request for a Conditional Use Permit for a Planned Development with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks for patio homes for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: M. Resolution No. i{;jPi' Terminating agent of record designation for the City Of Meridian: ,.;;" N. Release of Agreement for Sewer I Water Assessment for Seventh Dav Adventist Church: o. Pressure Reducing Vaults (PRV's) and Victory Road Water Line: P. Centrate Equiliation Tank Design Proiect: Q. Approve Beer, Wine, and Liquor License Renewals: Wal-Mart - Beer & Wine Ultra Touch Car Wash - Beer Bangkok House - Beer & Wine Muggsy's - Beer & Liquor Meridian City Council April 20, 2004 Page 4 of 44 The Cigarette Store - Beer Wingers - Beer & Wine Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #24~Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 - Beer & Wine Jacksons Food Store #97 - Beer & Wine Jacksons Food Store #98 - Beer & Wine Epi's - Beer & Wine Round Table Pizza #870 - Beer & Wine West of Philly - Beer & Wine Pizza Hut - Beer & Wine Pizza Hut - Beer & Wine Chicago Connection - Beer & Wine R. Agreement for Hookup to the City of Meridian's sewer system, outside the City Limits for Goldcreek Developers, LLC (James Jewett) for Westborough Subdivision: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Mr. Clerk, would you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks and Recreation Department - Doug Strong 1. Discussion of Kiwanis Park Agreement: Meridian City Council April 20, 2004 Page 5 of 44 De Weerd: Thank you, Mr. Clerk. Okay. Item 6 is Department Reports and, I'm sorry, during the adoption of the agenda I should have asked that an Item E be placed on there for a brief update from Councilman Wardle on the golf course. So, we will start with A, with the parks recreation department with the discussion of Kiwanis Park Agreement. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. I appreciate the opportunity to talk about this agreement. I hope you have had the opportunity to read, between the City of Meridian and Daybreakers Kiwanis Club, to build, essentially, a nine-acre park near Mountain View High School. This partnership is a little different than many of the partnerships we have, in that it will be a turn key park in that when they complete the park it will be turned over to the city for use by the city and the agreement outlines the responsibility of the Kiwanis Club and the city in completion of that project. So, that is a basic introduction and I will stand for any questions about the agreement. De Weerd: Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Strong, is the Kiwanis in agreement with this agreement? Have they read it and had their approval on it? Strong: Madam Mayor, Councilman Bird, they have. There is no disagreement with anything on this agreement. Bird: Thank you. ~.h. De Weerd: Okay. So, no questions from Council? Okay. So, we will put this on our agenda once it is signed by the Daybreakers? Is that my understanding? Strong: You'd like their signature first? De Weerd: Is it okay to adopt before their signature? Nichols: Madam Mayor, Members of the Council, there is nothing that says you can't do it first. The ones that we always ask to be signed before the city approves them are development agreements with the developers and so I don't know that there is any prohibition against signing it first and it might expedite a lengthy process already. De Weerd: Okay. Thank you, Doug. Meridian City Council April 20, 2004 Page 6 of 44 Strong: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that I would move, then, that we approve the development and license agreement with the Daybreakers Kiwanis Club and have it noted in there that it is not the Sunrise Kiwanis Club, but it is the Daybreakers Club, regarding the park and recreation department. And for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the agreement for the Kiwanis Park with the Daybreakers Kiwanis Club. Any further discussion? Mr. Clerk, would you like to call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. B. Planning and Zoning Department - Anna Powell 1. Diane Kushlan Consultin~ Services: De Weerd: Thank you. Okay. Item B is from the Planning and Zoning Department, Diane Kushlan Consulting Service. Powell: Madam Mayor, Members of the Council, a,;;;8mber of months ago I brought forward to you a request to hire Diane to work on our new zoning ordinance update. We have been working together. That contract just went through, compiling a draft document. We have completed that and we are working with the process improvement group to refine that draft and, then, take it out to the public. I did ask for Diane to continue her services. The time demands -- it's a very involved group and the time demands are pretty heavy still on those modifications and serving that group, so I would like to extend that contract. The figure is 3,120 dollars and there is money in my consulting budget for those funds. De Weerd: Council, do you have any questions? Okay. Hearing none, do I have a motion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would move the approval to extend the contract -- consulting contract with the city and Diane Kushlan for consulting services with the Planning and Zoning Meridian City Council April 20, 2004 Page 7 of 44 Department and for the funding to be an additional 3,100 -- not to exceed 3,100 -- well, I'm taking that back. I'm sorry. 3,120 dollars, plus the out-of-pocket expenses that have been previously authorized in advance, to come out of their consulting budget. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve P&Z's request. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. C. Police Department - Bill Musser 1. National Fast Draw Championship Presentation: De Weerd: Okay. Item C. We have a guest with us tonight, I will have Captain Overton introduce our guest and this is on Item One, the National Fast Draw Championship presentation. Overton: Madam Mayor, Members of the Council, as you can tell, we have a PowerPoint presentation for you tonight. Our presenter is going to be Andrew Fink, who is the president and editor and chief of Shoot magazine and I will be his technical assistant. De Weerd: Thank you, Captain. Hello, Andy. Fink: Thank you, Madam Mayor, Council Members. The primary reason for this presentation is to give you a better idea of what we are planning on doing and bringing to the City of Meridian. If you would go to the next slide. I'm going to go ahead and discuss a little bit about what Cowboy Fast Draw is, so that you can have a better feel for that. I'll go over this event specifically. Also discuss all the government business organizations that we have contacted, the citizen's use permit that we have filled out. Safety is a major issue and I want to cover that for you. The location is on the side of Sportsman's Warehouse in Meridian and, then, I have got an event drawing that I'd like to go over. Cowboy Fast Draw is a person-to-person event. It's a timed event and we use wax bullets. There is no lead flying around anywhere, so it's very safe. It's low velocity and there is, essentially, two categories. There is either men and women. If you can go to the next one, please. We use old west firearms .45 Colt caliber. Traditional holsters. It brings a flavor of the old west to the community wherever these kinds of events are and a lot of people still are heavy traditionalists in the old west and western areas, like Idaho is. We use wax bullets. The wax bullet weighs 15 grains with a primer, and a little bit of black powder to make a little sound and a little smoke. Once it hits the target, all the kinetic energy is dissipated. If it bounces back and touches you, it's like just touching your face. There is no danger. And we have a number of safety issues in place to make sure that that happens. We shoot at metal targets. When the Meridian City Council April 20, 2004 Page 8 of 44 light comes on you start and you shoot from a distance of 21 feet for each contestant and times are in the tens of seconds from the time that you see the light until the time that you draw, 4/1 Os of a second, 5/1 Os of a second, 6/10s of a second. The main -- the primary event, besides the national championship, is, actually, a celebrity shoot for Cystic Fibrosis. Spectators will bid to shoot with a particular celebrity as their team member. All monies bid go to the Cystic Fibrosis Foundation. Celebrities include quite a few people that you might know, including Madam Mayor, Governor Kempthorne will be there in the afternoon. Chief Musser will be there. And we have two of the world fast draw, which is a little bit different sport, but two of their championship -- champions will be there as well. The national championship will, actually, start on the 7th and 8th. It will go from 7:00 a.m. to dark on the 7th and 7:00 a.m. to 5:00 p.m. on the 8th. How many actual contestants we are going to have is probably going to be around a hundred. It could be more. The prizes that are given out is 15,000 dollars in cash and merchandise. Spectators can also come out and try out the event. There is some laser target systems that you can, actually, shoot at different targets with laser systems and have a lot of fun and the laser systems are free. How many visitors we are going to get through there in those three days, probably two to three thousand. Don't know for sure, but we have got some publicity going on. There is an ad that will be put in the paper. Channel 2 is going to cover the event on Thursday morning and we are going to have a couple of signs out on Eagle and Fairview and Eagle and Franklin Roads. We have contacted all of the people that the Mayor and the chief of police originally asked us to talk to. We work with Sportsman's Warehouse, we work with the mall building developer. I had a meeting with the Crossroads neighborhood association and wrote up an announcement for their newsletter to all the Crossroad neighborhood association. Cystic Fibrosis Foundation has been involved in the beginning of this and they are going to have somebody there on the 6th. We visited all the Crossroads mall stores, every one of them, and talked to them about the event. The Governor's office and a congressional delegation. The citizens use permit, we have had everybody sign off that's listed there. The sheriffs office, highway district, fire chief, police chief, and it's now at the Mayor's office. Insurance coverage has been included to include everybody that's required on the citizens use permit, so -- and there is copies attached to the citizens use permit of all the insurance forms. Safety. Security wise, we will have 12 to 20 staff members that will be constantly watching everybody that has any firearm and the ammunition. This will include three off-duty Ada County Deputy Sheriffs that are going to be involved the whole three days. We are going to -- if you see the people in this photo right here, this particular event, which was the world fast draw last year in South Dakota, Deadwood, South Dakota, they did not have partitions on either side and we are making sure that we have partitions on either side of the shooter and I'll show those in a second. All guns and wax ammunition will be checked. Glasses will be available for all. Ear plugs will be available for all. There will be one entry point, with an additional exit point available in case of emergency, people needing to get in or out or fire truck or ambulance or anything. The event area will be fenced in. That's a metal chain link fence that will be put all around the parking lot. Wax ammunition will be provided by Shoot magazine and the guns are out of the holster only on the firing line and when pointed down range or in a safe area. There is one designated area that's a safe area. The location is Sportsman's Warehouse. This is the actual parking lot. It's the south parking lot and the whole parking lot area will be fenced off. Next one, please. This will be the main fence in front and that will be the entrance going into the Meridian City Council April 20, 2004 Page 9 of 44 event area. This is the front of the Sportsman's Warehouse building. The only traffic you envision here is foot traffic going across into the event area, but there will not be any blocking of the roads or anything. And next picture. That one shows just a different angle of the front. And that's another angle of the actual south portion of the parking lot itself. Again, all that area will be fenced off. The fence will actually be located on the grass. Okay. This is kind of a map of the event area itself. On the left side you can see that's a safe area and cleaning area. The lines that are drawn are targets. Partitions are eight foot high. They go out to 24 feet. Remember, that the actual participant is shooting at 21 feet away from the target. So, the actual partition will be behind -- go at least three feet behind them on each side. On the left side, the side that faces, actually, the Crossroads neighborhood association, we had an additional four feet by the request of the Chief Musser. And that was included. Over on the right side you have the laser target system and security check for the event area. All of the other boxes are different vendors and people providing support for the event. Last slide, please. Myself or one of my staff members, Ray Walters is the main contact. We have a phone number that's in your package, as well as an e-mail addressandawebsite, if you're interested in anything, and I'd like to answer any questions that you may have about the event. De Weerd: Council, do you have any questions? Bird: Just happy to see them here. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: On the -- on the fencing that's going to be on the grass and around the facility, is that -- what type of fencing is that? Fink: It's a chain -- metal chain link fence. Nary: Okay. And I notice you have this poster printed up. Could you print like Mayor Tammy "Gun" de Weerd or something like that? Fink: Oh, we might be able to arrange something like that. Nary: She doesn't have a big name like the other people do. Dangerous Dirk Kempthorne or something like that. Fink: She's, actually, pretty good. Nary: Something to draw a lot more crowd, I think. De Weerd: You need to be careful. Bird: Calamity Jane. Meridian City Council April 20, 2004 Page 10 of 44 Fink: Anybody that would like -- like the Council members, maybe you need to go shoot with her as a team partner. Nary: Oh, I think she's very dangerous, so I think she will get more people to come. De Weerd: Thank you, Councilman Nary. Remind me not to notice you. Thank you, Andy. This is going to be a great event. The chief and I have already been out and practiced shooting, so we'll be all ready for this event. Fink: Thank you very much. 2. Discussion of Traffic Safety Commission Amended Ordinance: De Weerd: Thank you very much. Okay. Captain Overton. Our next item is discussion of the Traffic Safety Commission amended ordinance. Overton: Madam Mayor, Members of the Council, as you know, the original traffic safety committee ordinance was established in 1971 and it is definitely time to update it. We had people on the committee that have positions that don't exist anymore in our city. for, in fact, a city judge that we haven't had for years and it was just time that it was updated. We increased the number of citizen volunteers that would be appointed to that committee from two to four to increase more citizen involvement. We changed the language somewhat, so instead of saying chief of police it would, obviously, be a police department representative, as well as it is from the school district, from the Ada County Highway District, and other organizations on that committee. It's a simple modification, I believe, of the ordinance, but it was well overdue, so we can try to reach a quorum and get some constructive business done in that committee. De Weerd: Thank you. Council, have you had a chance to look at this and do you have any questions? Okay. We will go ahead and get it on our agenda, so it can be officially noticed and acted on. Okay. Thank you, captain. Overton: Thank you. D. Public Works Department - Gary Smith 1. Presentation on Meridian's Water Resources by Ed Squires: De Weerd: Okay. Item 0, the Public Works Department. We are going to put that on your May 4th agenda. The presenter needed probably around a half hour just to make the presentation. Yes, Brad? Watson: Madam Mayor, I need to do a little bit of a bait and switch on you under Department Reports, even though Gary is not here. I do have something that I do need to discuss with you briefly. De Weerd: Okay. Meridian City Council April2Q,2004 Page 11 of 44 Watson: Thank you. We have, as you know, been very heavily involved in the Franklin Road project. We have a joint effort agreement with ACHD and that project seems to be going very well, overall it appears to be on schedule, and the utilities -- our utilities are way ahead of schedule. This isn't the point of my presentation, but I thought you might be interested anyway. I was told today that Meridian Road would be opened back up by the end of next Sunday, this coming Sunday night, hopefully, and maybe a day or two after that. So, I know I was personally very interested in that. De Weerd: Halle[ujah. My secretary will be, too. Watson: Yeah. They will be proceeding with paving on portions of Franklin Road the first couple weeks of May, so they are moving ahead pretty well. The one thing that's come up is that since the project was bid we have identified two utility-related things that need to be done. One is a pressure-reducing vault and it needs to go in very quickly. The other is some sewer work that needs to be done in the area of 3rd Street and Franklin. It's there where the former PAL office was and we have discovered kind of a mess of sewer services in that area that will be displaced. So, we asked for change order proposals from ACHD several weeks ago, because of the way these contracts are set up and they are a good thing, they save us money, but the papelWork trail is a bit cumbersome sometimes, because it goes to ACHD to Idaho Sand and Gravel to Sommer Construction, who is doing the water and sewer, and, then, back up the chain. So, we got this change order proposal yesterday and ready to proceed with work, actually, today, but we held them off for one day, so that I could bring this up to you. These two items would increase our contract amount about 34,000 dollars. So, we want to get them going, so that they don't delay the project on Franklin Road at all. Just to note, we did work out something today, we think, that will preclude us having to come to you at the last minute without having something in your packet. We have talked with the contractor and we think we can work something out that will prevent this from happening again. But I want to proceed and get them going as quickly as possible and that's what I'm here to ask. De Weerd: And it is in your budget and you have talked to your Council liaison? Watson: Yes. [have corresponded via e-mail with Councilman Rountree and both of these items are within our budget. De Weerd: Okay. Councilman Rountree, do you have any comment? Rountree: No comments, but I think it works. De Weerd: Okay. Rountree: Madam Mayor, I move that we approve the change order for the pressure reducing vault and the sewer replacement in Franklin Road for 34,000 dollars. Bird: Second. Meridian City Council April 20, 2004 Page 12 of 44 De Weerd: Okay. It's been moved and seconded to approve Public Work's request. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. D. Shaun Wardle: Golf Course update. De Weerd: Okay. Golf course update by Councilman Wardle. Wardle: Thank you, Madam Mayor. Thank you for getting me on the agenda. I won't pull a bait and switch on you like Brad did, but I will give you just a quick update. I have met with the city attorneys, as well as the parks director pursuant to our conversation two weeks ago. Just the gist of our -- of our focus has changed. We thought that in the PGA report there were two areas of focus. One was the playability of the course, which talked about things like handicap and slope of greens and those sorts of things and the other was, really, what was a landscape issue and so we have decided to focus on the landscaping issue at the current time. We have roughly broken that process down into pieces, being, essentially, looking at the irrigation system first and the steps that we need to take to work on that irrigation system and the first would be design. So, at this current time we are still waiting some communication with Cherry Lane Recreation and hope to have a better update for you very shortly. If I have missed anything, Mr. Nichols -- we are on schedule to, hopefully, meet our deadline of June 1 st. De Weerd: Thank you, Mr. Wardle. Is there any questions by Council? Bird: I have none. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. We didn't remove any items from the Consent Agenda. Item 8: FP 04-022 Request for Final Plat approval of 31 single family residential building lots and 2 common lots on 8.99 acres in a R-8 zone for Sundance Place Subdivision No.2 by Sundance Limited Company, LLC - east of North Meridian Road and north of East Ustick Road: De Weerd: So, I will move to the final plat 04-022, Item No.8. Anna, on these three final plats, eight, nine, and ten, are the applicants in agreement with all of them? Can we do them all in one motion, after you address each one? Powell: Madam Mayor, Members of the Council, no, I have changes that you need to make on Sundance Three and Sageland. De Weerd: Okay. Well, we will start with Item No.8, with Sundance Place Subdivision NO.2. Meridian City Council April 20, 2004 Page 13 of 44 Powell: There we go. Sorry about that. Madam Mayor, Members of the Council, this is the second phase for Sundance Place. The area shown -- of the preliminary plat is shown in blue and, as you will see, the final path is in substantial compliance with the approved preliminary plat. I put a little green dot on the open space lots, so that they show up a little better. You will see in the next -- in Sundance Three it -- the open space, actually, extends in two lots. The other portion of it is right here. So, staff is recommending approval. The applicant has submitted a letter stating they are in agreement with the conditions of approval of this plat. De Weerd: Okay. Council, any questions? Anna, is the applicant in agreement with staff comments or is the applicant here tonight and wish to comment? Powell: Yes to both. De Weerd: Okay. Would the applicant like to come forward? State your name and address. McKay: Becky McKay. Engineering Solutions. 150 East Aikens, Eagle. We are in agreement with staff's recommended conditions. We have no problem. De Weerd: Okay. Powell: I misheard your question, Madam Mayor. I'm sorry. De Weerd: Okay. Council, anything further? I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.8, FP 04-022, final plat for Sundance Place Subdivision No.2. Rountree: Second. De Weerd: It's been moved and seconded to approve Item No.8. Any further discussion? Hearing none, Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: FP 04-023 Request for Final Plat approval of 61 single family residential building lots and 2 common lots on 17.27 acres in a R-8 zone for Sundance Place Subdivision No.3 by Sundance. Limited Company, LLC - east of North Meridian Road and north of East Ustick Road: Meridian City Council April 20, 2004 Page 14 of 44 De Weerd: Thank you. Okay. Item No. 9 IS FP 04-023 for Sundance Place Subdivision NO.3. Powell: Madam Mayor, Members of the Council, again, the area shown in blue and, as you will see, the preliminary plat is in substantial compliance. Here is the back-to-back open space lots, another small open space lot there. The applicant has stated -- does have a letter stating that they are in agreement with the conditions of approval, although just before the hearing Mrs. McKay asked me to make a minor modification to item number 11 on page three of four. Right now it states that a 20 foot wide easement is necessary across this lot on the north side of it. She'd like it just to sayan easement across the north side, with a total of 30 feet. That way if they -- if they need to go 15 and 15, instead of 10 and 20, it just gives them the flexibility, but it's still clear that we need a 30-foot easement. So, it would be strike out: A 20 foot wide and just replace that with the word an. That's the end of staffs comments and I don't believe the applicant needs to speak to you on the conditions of approval. She is nodding in the affirmative. De Weerd: Okay. Thank you. Council, any questions? Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No.9, final plat for Sundance Subdivision No. 3 include staffs comments and the modification to staff comments on page three, item 11, to change the reference to 20-foot wide easement to read an easement. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 9 as amended. Any further discussion? Hearing none, Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 10: FP 04-024 Request for Final Plat approval of 41 single family residential building lots and 10 common lots on 10.64 acres in a R-8 zone for Saqeland Subdivision by Quasar Development, LLC - northeast corner of East Victory Road and South Locust Grove Road: De Weerd: Item 10 is FP 04-024 for Sageland Subdivision. Start with the staff comments. Powell: Madam Mayor, Members of the Council, you may remember Sageland Subdivision. We had a number of issues with the road and the issues, unfortunately, continue. After the approval from the city, I believe they must have discovered there was some drainage problems. ACHD is asking for an alternative street section on this Meridian City Council April 20, 2004 Page 15 of 44 subdivision where there is not a curb, it would be a ribbon curb, so the storm water flows into a swale, an eight foot swale on either side of the road. So, to accommodate that street section, it -- it's a 52 foot street section, so -- and that would be to the end of the swales and, then, the four foot detached sidewalk on either side. The way the staff report is written, we thought it was just -- the sidewalk was going to encroach approximately two feet into each lot, but with the additional information we received today, it's going to encroach five feet into each lot. Now, the applicant is still willing to measure front setback from the edge of sidewalk, rather than from the property line and they have enough depth there that they feel they can do that. But that is a change from the staff report. It's also a change from the preliminary plat. The lots have not changed substantially as you will see. So, it is in compliance with the layout of the approved preliminary plat, it's just the street section has changed within that. They have also asked -- oh. They have provided a letter to you that I just was able to review just a moment ago regarding -- at first we thought they weren't going to be able to put the trees in the drainage swale, but they would -- reading over the letter firsthand, it doesn't appear that any changes need to be made to the conditions of approval, it's just -- it says -- basically, it says if you need to -- it leaves latitude. If they don't need to relocate the trees, then, they won't need to comply with that condition. So, I think we are okay with the way that the conditions are written. And with that I will answer any questions you may have. De Weerd: Mr. Nary? Nary: Where did the island go? Is that that little circle in the road? Is that it? Wasn't there an island -- it seems like we had this about three times, so -- I don't have a pointer, but I see a little circle in the middle of the road. Is that it? Right there. Powell: Yes. That's it, sir. Nary: Is this to scale? It seems a lot smaller than I recall when we talked about it previously. Rountree: Well, the road's wider. De Weerd: I think the whole point of that was to take away the straightaway and -- Nary: Right. Slow down traffic and the like. It seems smaller than I recall from the -- Powell: It is nine feet wide and I do believe that is where we ended up last time. Nary: That's what we said. Correct. De Weerd: Okay. Thank you. Any further questions? Mr. Nichols. Nichols: Madam Mayor. Anna, can you give us the specific condition number that needs to be modified and how that should read, since we don't have that? I mean that- - on the-- Meridian City Council April 20, 2004 Page 16 of 44 Powell: Madam Mayor, Members of the Council, I don't believe any conditions need to be modified. When we -- we knew that the sidewalk was going to encroach into the front yard, so on item number 14, with reference to plat note 13, it says front yard setback shall be measured from back of sidewalk for lots where the sidewalk encroaches into the lot. So, we already added that condition. So, it's just -- instead of being two feet, it's going to be five feet. That's all. So, they have agreed to that condition, so I believe we are okay. Nichols: Okay. And Madam Mayor -- Anna, on the letter from the developer, item 14, number six, the last paragraph on page one of their letter, it says staff comment on this item will not work. Could you address that one, please? Tell us how you would propose to resolve that issue. Powell: It will take me a moment. Again, I apologize, I just got this before the hearing so I wasn't able to look these up. Their comment doesn't -- I don't understand exactly what they are getting at. Perhaps the applicant can clarify that issue and I can provide a better response. What it's in reference to is that we approved five foot rear setback for detached garages on those rear setbacks and I had read that as the applicant had worked out a different method of accommodating those easements with Public Works, but perhaps I read that wrong, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think that with the confusion and stuff and just getting this letter, I would make a motion that we continue this FP 04-024 until April 27th, 2004. Give the staff a week to look into this and make sure everything is what we believe it is. Rountree: I will second that. De Weerd: Okay. It's been moved and seconded to table 10 to 4/27/2004. Any further discussion? Okay. All those in favor say aye. All ayes. Motion carried MOTION CARRIED: ALL AYES. De Weerd: Okay. Items 11, 12, 13 and 14 are all public hearings. We enter into the public hearing part of our meeting tonight. Part of our ordinance asks that we swear in those that are wishing to testify and we do it all in one group swearing in. So, if you anticipate wanting to participate in the Public Hearing process, if you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so say I do. (Affirmative answers.) Item 11: Continued Public Hearing from April 13, 2004: AZ. 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for Meridian City Council April 20, 2004 Page 17 of 44 proposed Sa~uaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Item 12: Continued Public Hearing from April 13, 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Sa~uaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Item 13: Continued Public Hearing from April 13, 2004: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: De Weerd: Thank you. Okay. Items No. 11,12 and 13 is a continued Public Hearing from April 13th on AZ 03-027, PP 03-032, and CUP 03-058. We start with staff comments, then, we ask the applicant to, please, come forward, introduce their project. Since this has been introduced, they will just give us an update on what happened and that is timed at 15 minutes. Public testimony is timed at three minutes for each resident, unless you're speaking on behalf of a homeowners association, then, you have -- you have more time. And, then, we do ask that the applicant come up and have the final say to answer the questions and testimony that came up during the public part. So, I will start with staff comments. Powell: Madam Mayor, Members of the Council, I'm just going to give a quick update. Mr. Hawkins-Clark has, as usual, given you a very detailed update on whafs occurred. I did want to remind you of a couple things. One is we did add this strip of land that now goes out to Meridian Road to act as a flag to the Boyack property. We discussed that last time, but I just wanted to remind of you of that. This is a map showing the changes that the applicant has done since your last meeting. The letter from Brad indicates that they had dropped nine lots. I have been informed earlier tonight that it's, indeed, ten. Those ten -- there is two now at this location, instead of just one. One on the north property here, four, and, then, three along this property line. The applicant has also agreed to do -- originally they had agreed to do a stone wall, but the property owners along that line have asked for that to be a stamped concrete fence, instead of a stone fence. As you look at one of the -- one of the other issues that you had asked the applicant to address was the issue of a neighborhood meeting. They have had two neighborhood meetings since the March 9th hearing. The removal of lots, as I pointed out previously, is the only substantial change that they have made to the preliminary plat. They haven't relocated roads or anything of that nature. The applicant's representative has asked me to make two changes on page two of Mr. Hawkins-Clark's memo to you and that's regarding the conditions of approval. The first is for number three, page three, where it says a stone fence, they are asking for a stamped concrete fence. And, then, on number 17, page five, under preliminary plat, there is a little confusion regarding the development of this five acre lot and the flag lot and I think we Meridian City Council April 20, 2004 Page 18 of 44 can clean that up. On the first sentence, if we remove the word preliminary plat and put area, remove the words revised to and make that -- the next word combined, instead of combine, and remove said lot. So, it would read that a new single family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel, the existing driveway, to create a single flag lot with frontage on Meridian Road. And, then, prior to that next sentence, add a phrase that says if not previously platted, said flag lot shall be included in the first final plat. I apologize for those last minute conditions. The applicant did bring that up to me outside and I did agree that the word was not -- or the wording was not exactly clear. Those are the only changes that have been initiated so far since your last review of that. I can answer any questions, but I think that probably it's appropriate for the applicant to speak at this time. De Weerd: Okay. Council, any questions for staff at this time? Okay. Please state your name and address and spell your last name. McKinnon: Dave McKinnon, M-c-K-i-n-n-o-n, 735 South Crosstimber, representing Farwest Development tonight. Madam Mayor, Members of the Council, I'm happy to be with you again. As Anna pointed out, we have had two additional neighborhood meetings to discuss the transition between our subdivision and the large lots on the northwest and east of the subject property and the reason why we had two meetings was at the first meeting there was some confusion that was created by myself for -- just because I tend to have a hard time with dates and not everybody made it to the first meeting, we got to the second meeting, everybody was there. At the first meeting we discussed quite a bit the issues of transition and how this subdivision would work with the lots around us. We talked quite a bit about the Comprehensive Plan and how this complies with the Comprehensive Plan and the request of the city for this to be a medium density subdivision, according to the Comprehensive Plan. Unfortunately, at those meetings there was no general consensus that was gathered. There is a large number of people representing different neighborhoods and different large groups and there was no great agreement come to at that time. As you know, previous to those neighborhood meetings, neighborhood meetings were held. Justin Martin from Farwest met with Larkwood Homeowners Association several times. An agreement was in place prior to the last City Council meeting and I will address that in a moment. After those meetings there were additional conversations with a number of the neighbors. Most importantly, I guess we could start off with just a couple of different agreements that were made since those neighborhood meetings. I have had a chance to talk with Mr. Atkins and with the Priddys, both Ed and John, and the Atkins. They are the property owners that are adjacent to the western edge of the subdivision. This is the location of the stamped concrete fence. They asked -- a stamped concrete fence looks similar to that in Lochsa. We have agreed to that. As you remember, there is a bull that's on the property back there and we wanted to provide the extra protection there. So, we have agreed to do a stamped concrete fence adjacent to that and Brad's outlined that in his memo. In addition to that, we have agreed to a 25-foot tall height restriction on these houses. That's to the measurement at the peak. And the reason why we did that is to allow for a second story bonus room to be allowed. Not a full second story, but for a bonus room to be allowed, typically not considered to be a second story, and they have agreed to that. In addition to that, we met with the Atkins and Priddys and they said there was some concern about the 24-foot wide roadway access in the Boyack property Meridian City Counc1J April 20, 2004 Page 19 of 44 and they wanted to point out that they really don't want to see a high volume of vehicles being able to use this as an access point. They understand if it's an emergency vehicle access that's one thing, but as a direct access into the subdivision they do not want to see that happen, because it's right next to their large house and to their barn back there. And so although we don't own that property, we are in agreement with them and would support that, that this only be used for a single home and, then, after this develops in the future, secondary access either through the property to the south or through this stub street be required, so that this 24 foot wide way does not become a major collector and become a bother for the property to the north, Mr. Atkins and Priddy. That was the agreement that we came to with them. I met -- I didn't meet with them, but I spoke on the phone today with Mr. Priddy -- I guess Ed and John's assistant and we talked about that and they felt that those would be the things that they were the most concerned with and they would be agreeable to those changes. In addition to that, you can see that we reduced the number of lots by three in that location. On to Mr. Lee's property. You all should have received a letter from Mr. Lee today, dated today. I know Will stamped it that you received it today. I don't know if you all received that. Mr. Lee has met Justin after those meetings and Justin Martin from Farwest has agreed to eliminate one additional lot, so that's what Anna had mentioned earlier, that there was now two being eliminated at that location. Mr. Lee is now in agreement with the subdivision and he believes that it meets the intent and he believes that we have transitioned well for him. Part of the reason for his concern was along Larkwood, all the concessions that were made for Larkwood was that there would be an average lot size of just over 13,268 square feet and Mr. Lee wanted to have a similar size adjacent to his property and now the lot being widened it will meet that minimum average size and so he's happy with that. The Larkwood Homeowners Association. There was five parts to their agreement that was originally submitted to you at the Planning and Zoning Commission, you received it in your packet, and I'll just run through those really quick. There was an agreement for a vinyl fence along their property line. That would be a five foot tall vinyl with a one foot lattice above that and we have actually agreed now to do the entire subdivision, other than the stone wall -- I guess the concrete fence -- in that same type of fence, so there is uniformity to it, so we would see that type of fence around the entire subdivision, other than the stamped concrete. In addition to that, there was two properties -- two houses in Larkwood, that's the Smith house and I can't remember the other name of the house -- of the owner of the house there. Their houses are located closer than the rest of the houses in Larkwood. We agreed to a 25-foot tall house size for that for a maximum height. There was a lot reduction, a number of lots were removed from the original preliminary plat. The ditches that line this middle area, one of those ditches are on the Saguaro Canyon site and on the Larkwood site Farwest has agreed to tile those for the owners within Larkwood. In addition to that, pressurized irrigation stubs would be provided to each of the owners in Larkwood and it was the previous agreement that came into play for Larkwood. Members from Larkwood were in attendance at the last meeting that we had. I don't know if there has been any additional conversation. I have not had any additional conversation with Larkwood after the last neighborhood meeting that we had, that you requested us to have. There was some discussion by the Larkwood Homeowners Association. They'd like to see more -- more given to them, but, you know, the previous agreement gave quite a bit to them at that time and there was no agreement as to what else they wanted, there was just some disagreement that maybe more could be given, but nothing was requested at those Meridian City Council April 20, 2004 Page 20 of 44 neighborhood meetings. In addition to that, Anna pointed out the areas that we took out lots adjacent to the Bueller property and the Chance property, four more lots were removed from that to make those lots wider and, additionally, one more lot was removed on the north side, just to make that a little bit -- little bit wider adjacent to the perimeter and all the lots on the perimeter, if you take an overall average, it's just over 11 and a half thousand square feet per lot, which is a fairly large size lot, almost a quarter acre inside average for the overall. So, that kind of details the neighborhood meetings and when you have a large group of people with different interests and different needs, it's hard to come up with an agreement with everybody, but having an agreement with Larkwood, having an agreement in place with the Priddys and Atkins having met Mr. Lee's demands and his needs, I think we have, actually, given quite a bit to make this work and it, actually, does help the subdivision, it creates more of a buffer for those large lots and it creates a little more transition area for that and I appreciated Council being able to work with us and to give us the opportunity to work with the neighborhood. It's been a good experience for everybody. Anna addressed the issues that I needed to address in Brad's memo and we did want to make sure that it said a stamped concrete fence, rather than a stone fence. The neighbors wanted to see something similar to Lochsa Falls, if you have seen that large berm that we have there. And we wanted to mention that in Brad's memo he talked a little bit about density and the Comprehensive Plan and there is an agreement with the Comprehensive Plan with this subdivision and the density is in line with what the city would like to see in this area per the Comprehensive Plan and for staff's interpretation of that. I know there was a lot of discussion at the previous meeting about the Boyack property and you should have all received a memo from the Wilsons, that's the people who will own the Boyack property, I believe it's the stepson or the son-in-law that would have this five-acre property. Their intent is to build one house on the five acres at this time. They would plat that on their own in the future, but for right now they'd like to do a well and one septic system for the house. They have met with Public Works personally and Public Works has assured them that that would be okay. The Planning and Zoning Commission was okay with that, too, and I know there was a lot of discussion how it is an odd thing and I agree it is an odd thing, but it works for this project and it will be several years before that and in the letter they agree to disconnect from the well and septic in the future, should it be approved in such a manner and in the future they will redevelop. Down -- Anna, I know that we sent a PowerPoint presentation over to you. Could you toggle over to that real quick? Now is the time I get to sell you on the subdivision. I know that -- I wanted to address all the issues that needed to be addressed first and, then, I want to show you a few interesting things about the subdivision that we talked about that we didn't really have a whole lot of pictures to show you at the time. We have got a few pictures now and a few things that we'd just like to point out for you. For anybody who was wondering what Saguaro Canyon is, I have got an actual picture of what Saguaro Canyon is. It's just outside to Tucson. That's what this first picture is. It's just an actual photo of Saguaro Canyon. I was curious and so I thought you all might be curious as well. Hopefully, it's going to be this green and this nice. You can go ahead and go on to the next slide. Powell: Except Mr. McKinnon, the G is silent. McKinnon: Saguaro. Thank you, Anna. Meridian City Council April 20, 2004 Page 21 of 44 Nary: Is that the landscape plan? McKinnon: Yeah. We are going to have a large canyon. The amenities -- if you can put up the amenities. I know we talked about it quite a bit and this is going to be a subdivision with a large amount of open space, approximately 17 acres of open space. As you remember from the site plan, we have approximately -- we have over a hundred feet of frontage -- a hundred feet of depth on the open space on McMillan, instead of the 25 feet or 35 feet of open space or landscaping is required. It's approximately three times the required depth. Pathways. We are doing part of a regional pathway through this subdivision and we are really excited about that. We know that Meridian is excited about getting those pathways built and we are excited to be a part of that. In addition to the pathway system, we will have detached sidewalks. This is another one of the Farwest Developments with detached sidewalks and how we'd like to see that end up as a result. This is a picture of Thousand Springs. There is going to be play areas within the subdivision. There is going to be at least two playground areas. Abundant landscaping. We'll get to some other pictures in a moment, but we are going to be talking about some large landscape islands. Those of you that are really familiar with Boise, Harrison Boulevard has the large landscape islands up and down their street. Those landscape islands are only 15 feet wide on Harrison Boulevard. Ours are going to be 25 feet wide. So, they are going to be rather large in size. And, as you know, Farwest tries their best to try to get the most mature landscaping they can in order to fill in the area. Large landscape islands. Large street buffers. There will be an entry feature. We don't know what the entry feature is going to look like yet, but, as you know, Lochsa Falls entry feature is a very large entry feature and we expect something of a dramatic nature for an entry feature. Tree-lined streets with the parkways adjacent to the sidewalks in between the streets. Again, tree-lined streets and, again, as you know, we will try to do our best to get the best mature landscaping we can. If you can go to the next slide, Anna. This is just an idea of the buffers. The pictures below show a 40 foot wide buffer on the left-hand side. We are going to be doing over a hundred feet on McMillan and so it gives you an idea of the depth. It's going to be more than twice what you see at Lochsa Falls right now. A very large buffer with a very large berm. To guess right now, the berm is between 10 and 12 feet in height. A very large berm. Something you would see similar to Two Rivers. Saguaro Canyon is buffered from McMillan. Again, it's very large. This one is 25 feet wide. This is within Lochsa. It just gives you an idea of depth of how big these subdivision street buffers are. Along the collector street the buffer will be 45 feet wide, just internal to the subdivision. So, it will be as wide as the -- as Lochsa Falls Subdivision street buffer is. It's going to be internal that wide as well, in addition to the landscape islands. If you could go to the next slide, Anna. Again, just to give you an idea, this is Summerfield Subdivision. This is a 15-foot wide landscape island. Add another ten feet or five feet to each side is the size we are looking for within this subdivision along the collector street. You can go on to the next slide, Anna. Density. The Comprehensive Plan designation called out for a requested density of three to eight dwelling units per acre and we have paired that down with the loss of the three additional units, just to be just a smidgen over three. It's 3.0 something. It's just within the density range. If we get much smaller we will be falling into the low-density area. We have a lot of large lots and this 3.09 has actually decreased just a little bit more by the reduction of the lot adjacent to Mr. Lee's property. Meridian City Council April 20, 2004 Page 22 of 44 Lot size. Saguaro Canyon's average has gone up just a tiny bit more. It's over 9,300 square feet in size. The perimeter, it's gone up just a little bit more as well. In the R-4 zone you can see the minimums on the other side. Adjacent to Larkwood and now adjacent to Mr. Lee's property. The average house size adjacent to those properties is over 13,000 square feet in size. So, that's a much larger project. The neighborhood meeting. We have gone over most of that. The Larkwood agreement was a height limitation on the four lots. There was fencing. There was a reduction in lots. Tiling ditches. Pressurized irrigation. Fencing agreement. We agreed to the fencing and to do the -- we should have put stamped concrete again there. And, finally, the additional reduction in lots around the perimeter. So, we have lost ten more lots and we have added some fencing and we got an agreement in place, we have got an agreement in principle with the Priddys and with the Atkins. We think this is a great project. We have had opportunity to work with the neighbors and work with Council and the staff and we have found it to be a very positive thing that has happened. We would ask for your approval tonight at this time. We know there are a lot of people here to testify and I would ask if you have any questions at this time and be given a chance for rebuttal in the future. De Weerd: Thank you. Council, any questions at this time? Okay. Thank you. McKinnon: Thank you. De Weerd: Okay. We do have a number of people signed up to testify on this application and so I will just go down this list and see if you still would like to provide testimony. I believe I have an L. Smith. Maybe it's not an L. Does this person wish to testify? Okay. Jeff Papke. If you will, please, state your name and address. Papke: My name is Jeff Papke. I live at 4989 North Larkwood Place. It is the second house in on Larkwood Avenue on the east side of Saguaro Canyon. First, I'd like to thank the Council for giving us this opportunity to talk. It's been quite an experience working with the developer. I have had past experience, my father being in the subdivision business I suppose I was exposed from the inside out, this time working with the developer has been interesting. I must give Farwest credit, they have, from my point of view, gone well to meet with us, trying to meet our demands and as you can see with Larkwood, they have met quite a few. There is still, of course, some concerns and I try to put my city citizen hat on, even though we are in the county right now. I certainly want to see the area around us grow and develop into a pleasant and convenient neighborhood, one that will be accommodating to the types of homes and neighborhoods that we all desire to be living in. The first of the issues that, again, is difficult to address and that is of traffic, with the single entry point, with the current first phase -- couple phases, at least. McMillan traffic is already becoming burdensome, certainly at peak times of the day, and with the added residential traffic it will certainly not improve. I realize this is an ACHD issue and I have been here in the Boise area for about 15 years and, if anything, I have learned with ACHD it is not necessarily very timely in their solutions. So, that is a concern that we have of being members of this one single street coming in. I know the plan of Saguaro Canyon is to have a traffic light there some day with Copper Basin across the street and that's fine, but our street just up the road a little bit will not necessarily benefit -- I guess you can try to zoom in Meridian City Council April 20,2004 Page 23 of 44 between the lights. The second issue is that of the transition. I know they have already mentioned that and they have made concessions. I will grant that on the regions that abut the perimeter of the subdivision. That's welcomed and we are very grateful for that. However, I put my neighborhood hat on again. If I'm walking down these streets and on one side of the street you see a 13,000 and 19,000 square foot lot and on the other side of the street you see a 9,000, 10,000 foot lot, I wonder what kind of home mix am I going to see -- am I going to see the neighborhood look of common homes as I look down the street, so that is a concern for me. If you were a potential buyer of a lot in that subdivision, I would want to buy this 19,000 square foot lot and pay the amount that that requires, knowing that across the street is a 1 O,OOO-foot lot that's going to have a smaller home. So, as I wrap up, I realize that it's a difficult situation. Growth is inevitable. We all realize moving out here we wouldn't keep our views forever. It's lasted 12 years and we will certainly look to have a nice development there that will meet the needs of the city. Thank you very much. De Weerd: Thank you. Any questions for Mr. Papke? Thank you. Okay. Barb or Jack Nosh. Please state your name and address. Nosh: Barbara Nosh and I live at 5033 Larkwood. I agree much with what Jeff has said. The only thing I'd like to bring up is that with the transition, they have talked about all the open space that they have in this new development, but they are not willing to give us another area that's more in transition for our tract. That's the only thing I can think of. And, of course, the traffic problem is something that's going to be kind of hellatious. Thank you. De Weerd: Okay. Thank you. Did you wish to testify? Okay. Thank you, sir. Becky McKay. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Eagle. I'm representing G.L. Voigt Development. The 60-acre -- or this parcel right here on the western perimeter is a total of 100 acres. It was owned by Mr. Ashenbrenner. G.L. Voigt Development and Meridian School District got together and convinced Mr. Ashenbrenner to sell his property and the school district has purchased 40 acres here for a new middle school and, then, Mr. Voigt is going to purchase the 60 acres here. One concern that he wanted me to express this evening is the fact that there will be this driveway running out here out to Meridian Road. We have been working with the staff and working with Keller & Associates, because they are wanting us to solidify our design in order to ascertain that sewer alignment for that North Slough Trunk to come through this property into the Saguaro project and, then, head on easterly and your staff's concern was buffering next to that driveway. I know there has been some difficulty with some projects recently. One that adjoins Venable Lane that was denied due to the fact that there was a corridor there separating the interconnection of future developable parcels, so -- the other concern we have is -- as the staff mentioned, the fact of backing lots up against that driveway and what would happen to that driveway in the future when internal access to this five acre parcel and home was acquired. I mean will that 24 feet or whatever it is be there forever? I guess those are some questions that we have. I don't want the driveway to become my problem when we bring in a subdivision plan on this 60 acres. The other problem that was discussed is the half mile Meridian City Council April 20, 2004 Page 24 of 44 is located right here. The staff believes it is in the best interest of the City of Meridian and staff meaning it was Brad Hawkins-Clark and Craig Hood I met with -- that some type of a collector align with the collector at Paramount and come into this development to help feed this center section, which would include Saguaro out to Meridian Road. If you recall, Paramount will have the elementary school and they believe that that half mile, due to the fact that -- of Paramount's size, mixed use, and the elementary school being just due west of that, that that will be a very busy intersection and that they see a lot of traffic coming this direction through us going out to try to get to a signal. If you look at this stub street here, they have got about 3,000 vehicle trips per day in this northern portion when they reach build out that are going to be looking for a direction to go. They have got one single point of access here and in ACHD, in their own WGI traffic study, talks about if these are just stop intersections, a two way stop, this intersection will operate at a level of service F, so we are concerned about that. De Weerd: Mrs. McKay, your time is up, unless Council would like to -- McKay: Do you have any questions? De Weerd: Thank you. Okay. Is Dean Briggs -- are you part of the applicant? Okay. You have a minute and a half. Please state your name and address. Briggs: Madam Mayor, my name is Dean Briggs, Briggs Engineering, 1800 West Overland Road. I'm here on behalf of the Reid family to read into the record a letter, rather than them themselves. Dear Friends: We would like to congratulate our new Mayor and thank her and the City Council and the Meridian Planning and Zoning Commission for three years of untiring work for the planning of north Meridian and compliment them for their foresight of the needs of a growing community. We would like to express our appreciation to Marty Goldsmith and Justin Martin for keeping their promises and honoring their contract. We are impressed with their ability to pay their bills, even before due. The beauty and class of their developments that we have seen are definitely a cut above. Yes, we knew when the well-arranged plan was presented to us, that there were many lots. However, it fulfills a need for the community. With the junior high school and elementary school so very close, it is not just the wealthy people that can have a home, but also those with little young families whose youngsters can walk to the school near their home and we feel there is always a safety factor here which we appreciate. We and ours neighbors have always enjoyed the large acreages surrounding us, but we accepted these significantly smaller two and a half acre lots down the entire east side of our 80 acres for the last many years. Now, we hope these neighbors will welcome the new families that will want to live in this beautiful area also. Sincerely yours, Robert C. Reid and Marlene D. Reid. De Weerd: Thank you. Briggs: Thank you. De Weerd: Any questions? Okay. Thank you, Mr. Briggs. Okay. Mr. Youngberg. Were you part of the swearing in process? Meridian City Council April 20,2004 Page 25 of 44 Youngberg: I was. De Weerd: Thank you. Please state your name and address. Youngberg: My name is Mike Youngberg. I live at 5075 North Larkwood Place. I was here last time. De Weerd: Thank you. Youngberg: I live the fourth house in and I'm just going to basically reiterate some of the concerns. We know that there is going to be a subdivision there. We do accept that and we are -- in a lot ways we are not anxious to see the view go, but we are anxious to see the development finished, so that we know what we have got. The transition, however, and the density and the traffic still remain a concern. As we address that with Farwest, the only concern that I had was that we felt like we are -- it was take what you're getting -- even the agreement in your file it says as long as you don't request anything else, then, this is what we will do. And that caused us concern. We felt like we either had to accept that or we may get stuck with a subdivision that was more dense. Most of us had never done this before. The first time for many of us, including myself. Transition causes me the same concern as Mr. Papke suggested. The density of the homes along our property, we would like to see those -- those lots approximate in size to what Vienna Woods worked out with our sister subdivision Dunwoody, which is just a quarter of a mile away, where those lots were closer to a half acre in size and, then, if you go right across the street from those, those homes, then, transition down to about a third of an acre to a quarter of an acre and, then, they gradually get smaller and they move away. The way this subdivision is laid out along -- along our side, it would be difficult to do that. And you can see how the lots are larger right against Larkwood and, then, right across the street you're down to the smaller lots. So, it's created simply a buffer of one row of homes and the consistency of that transition causes us concern. Traffic I don't have an answer to. I look at all of the square miles being developed as I look out to the west behind my home and I see Paramount and Lochsa Falls and Saguaro Canyon and all of those have to be feeding down someplace and they are going to be coming down our road, on McMillan, and that worries me as to how we are going to get in and out of our subdivision. So, I'm just concerned about timing more than anything else. Timing and transition, as to what is the best time to move forward with this subdivision. The only thing I would suggest is some of the buffer along the frontage of McMillan, perhaps, is so large, if there were any way to incorporate some of that into larger lots to better adjust for that transition would be nice. Any questions? De Weerd: Thank you, Mr. Youngberg. Any questions? Thank you. Okay. Those are the people that were signed up. Is there anyone who would like to offer testimony that was not on the sign-up sheet? Please step forward. Lee: Got here late and you had already taken the sign-up sheet. My name is Grant Lee. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council April 20, 2004 Page 26 of 44 Lee: Yes. Or my wife will get angry with me. De Weerd: Well, we'd hate that to happen. Please state your name and address. Lee: My name is Grant Lee. I live at 5603 North Locust Grove Road. I was here in the past to voice my objections, so I'm here tonight to reiterate, according to my letter that I sent, that my problems and concerns have been alleviated in meeting one on one with Justin with Farwest and I want to personally thank you members of the city Council for providing the forum in which we could meet and discuss our concerns and have a chance to work those out. Vienna Woods is across the street from me and I was concerned with having a lot of traffic in and out, but I can honestly say that I have not experienced any traffic problems living right across the street from Vienna Woods, for me or my family getting in or out anytime we wanted to. I don't even remember seeing another car pulling out of Vienna Woods at the time that I was pulling out. Once again, I just want to thank the Council and thank Farwest for working with me. I don't want something for nothing, but I feel like I have been treated equally with my neighbors and that's alii requested. Thank you. De Weerd: Thank you. Okay. Anymore testimony? Okay. Would the applicant like to come and provide rebuttal or response? That's a better way to put it. McKinnon: Thank you, Madam Mayor, Members of the Council. Again, Dave McKinnon representing Farwest tonight. I appreciate the comments that we have heard tonight. I really appreciate Mr. Lee, his last bit of testimony there, it was very nice. I'll just address the comments that were made by Mr. Papke and Barb and Mr. Mike Youngberg, just all three of those. I think they addressed many of the same issues. They talked a little bit about traffic and they talked quite a bit about the interior transition and how things would happen within this subdivision and before I address traffic and I know Gary Inselman is here tonight and he could probably address it better than me, but I won't call on him. On the transition, typically what you deal with on these types of lots that are on the corners and 90 degrees, you end up with a pie-shaped lot. Those lots tend to be larger in size than the normal lots. Those lots are very large in size and the reason why we have added so many 90s along this area is so that the rear lots would be only approximately two lots for every single one within Larkwood Homeowners Association and across the street you go down to the 10,000 square foot lots. Those are not small lots, those are still, you know, a couple thousand feet larger than the minimum lot size and as you go back in it's not until you cross the collector street that you get to the smaller lots. These are all over, you know, nine and a half, 9,200 square feet up 11,000 square feet in size. These are large lots on the interior here. There are smaller lots adjacent to the school site and Mr. Ashenbrenner's site and we have put those across the collector street to provide that transition, so it's very large, large, medium and, then, smaller as you go across that direction. So, there is a transition as you go from east to west within the subdivision. Traffic concerns. We have had traffic concerns for a number years, from the time I was working here until now traffic has always been a concern and there has been a recent concern with north Meridian area plan, what's happened to it, how it's going to happen again. Unfortunately, the impact fees that are paid for these types of projects are spent in different areas right now and Meridian City Council April 20, 2004 Page 27 of 44 you can't have the change in the road system without the impact fees. Without the development there is no impact fees and you won't be able to pay for the growth and pay for the improvements in the roads in the future. So, this growth is paying for the fixing and the building of roads in other areas and in the future these roads will be fixed and that's just the way things work with ACHD right now. The other thing to consider with this site is that we have the McMillan -- not McMillan, but there is large ditch that runs along McMillan, so we don't have the ability to do a secondary access out on this site. There was some discussion about Lochsa Falls and Paramount being further down. Both Lochsa Falls and Paramount have additional accesses to Chinden Boulevard and out to the different north-south streets and so it's not all traffic directly impacting on McMillan Road. Becky brought up a few good issues and I'd just like to address those really quick. I have had a chance to talk with Brad Hawkins-Clark as well about that collector road and collectors are one -- the city would like to see collectors at the half mile, but they don't have to align directly with the half mile and you can see that with Lochsa Falls development. Those of you that were on Council may remember the Mosses that came and testified at many meetings and they didn't want to see a road running right up their house and so that offset and I see that we have a similar situation with the Priddy property right there. They don't want to see the traffic running right up the side of their very expensive homes and their property. We understand the buffering issue. The street could come in at the half-mile location and, then, jog to the south, in such a manner to provide a buffer to that 24-foot wide street. In addition to that, we are supportive as well of getting rid of that 24-foot road once this all develops and so what happens to that 24-foot wide road is something that the -- the owner of that property is the Boyack family. They would be able to work with the Ashenbrenner -- or the piece -- the owner of the Ashenbrenner property to decide what to do with that in the future. But that's a piece of property that we don't own at this time and they can work with them on that and we feel that that's the appropriate way to handle that, especially if there is a limitation that only one house can use that and once it redevelops they have to find another access point, so they won't be able to use that in future. Again, we think this is a great project. We have had, you know, an opportunity to meet with you several times, we have made some great changes to the site. I'd ask for your approval and ask if you have any questions at this time. De Weerd: Council, any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Mr. McKinnon, the five acre lot -- I seem to recall on the previous discussion we had some talk about the hook up to the sewer and all that. Could you remind me of kind of where we were with that? I mean that hasn't changed, at least from the reports that's -- McKinnon: No, it hasn't changed. You should have received a letter from the person that is going to own the property and that's -- I have got to flip the page here. The name escapes me. The Wilsons. And they have agreed to hook up to city water and sewer Meridian City Council April 20, 2004 Page 28 of 44 once it becomes available to that site. They would still like to move forward with a well and septic and that's with the approval from the city Public Works department. Nary: Thank you. McKinnon: Thank you. De Weerd: Mr. McKinnon, I guess I was interested to find out more about the second access. I know both of our police and fire department have asked what additional access you would have in and how you're going to phase it before that second access is available. McKinnon: Okay. Madam Mayor, as you might remember from the original meeting there was, essentially, a Mason-Dixon line drawn, you know, parallel to the Boyack property here that nothing else would be able to be constructed beyond this point until a secondary access was provided to the site. Mr. Lee's property, I believe, that there will be an access provided at this location in the future with the Ashenbrenner property being developed as Becky talked about tonight. They are in design for that right now. A secondary access would be provided through here. As Becky mentioned, sewer will be coming through at this -- through this site sometime in the near future, running through Larkwood. That access would provide a roadway as well. That's typically where the road is is where the sewer is and so there will be a roadway connection probably with Ashenbrenner's property. There are a number of stub streets located on the north and to the east of this site. The ten-acre parcel north of Mr. Lee's property has sold and they are working on a development plan for that at this time. So, you're starting to see secondary accesses would be provided prior to us getting to this point. One thing to remember is that subdivisions are not built in a day. There are a number of phases and they go forward and as this moves forward, those accesses, hopefully, are going to -- they will be created as the rest of this property around it develops. ACHD staff report takes into consideration that they believe that these accesses will be there before we get to this point. De Weerd: Okay. Thank you. McKinnon: Thank you. Okay. Any further questions for the applicant or staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I still have concerns about that 24-foot access road, phase ten. You kind of waffled on the solution and I want a solution with this project. I don't want another Venable Lane or another Wingate Lane issue for the city to deal with. I don't know what that solution is, but it needs to be written in the development agreement that that will go away. McKinnon: Okay. Meridian City Council April 20, 2004 Page 29 of 44 Rountree: I would open that part for some discussion, but I think that's something we ought to take care of now. Powell: Madam Mayor, Members of the Council. De Weerd: Yes, Anna. Powell: I did want to point out there is just -- part of the difficulty with the Venable and Wingate was the multiple ownerships, so the one benefit we have here is that there is just a single ownership. Or the multiple rights to an easement, I suppose, rather than an ownership, but here we have a fee simple ownership in -- tied to a single owner, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. I guess I would agree also with Councilman Rountree that, you know, that's not an objection to the applicant, I think we need to have that cleared up front, that that access point will be gone or eliminated at whatever point that we have discussed, when it's developed, when the secondary access is available, whatever that is, so that doesn't become a continuing problem. McKinnon: Madam Mayor, Members of the Council and Councilman Nary, I think they are talking with the owners of that property right now and if I could just have a chance to confer with them really quick. Like I said, we are agreeable to allow that to only be used for the single house and, then, as that property redevelops there will be a new preliminary plat that would be brought to you. At that time you have a chance to deal with that preliminary plat as well. But let me go confer with the client really quick and be right back. Just one moment. De Weerd: Council, do you want to take a five-minute break? Rountree: Sure. McKinnon: That would be great if we had a five-minute break. De Weerd: Thank you. (Recess.) De Weerd: Okay. I'll go ahead and call the City Council meeting back to order again. And, Mr. McKinnon, you have changed. McColl: I have. De Weerd: And I don't believe you were sworn in. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council April 20, 2004 Page 30 of 44 McColl: It is. De Weerd: Thank you. Please state your name and address. McColl: Madam Mayor, my name is Brian McColl and my address is 420 West Washington Street. I just wanted to finish up with what the developer is prepared to do to handle this particular problem and it is as follows, keeping in mind that the Boyack property is part of the total parcel that is subject to the petition for annexation, preliminary plat, and rezoning. They will -- they will be signators on the development agreement. In the development agreement there will be a provision that the lane will be limited to use for one single family residence on that five acres, until such time as the -- either that residence obtains other access, other public access, and/or the five acres is -- comes up for redevelopment application. At that time they will, number one, relinquish any rights to use that lane for access and, number two, offer it for sale to either the property owner on the north or the property owner on the south at appraised fair market value. So, that way I think the Council can have contractually a solution whereby this lane will disappear after the Boyacks and/or their successors no longer use that -- redevelop that five-acre parcel. De Weerd: Any questions? Okay. Thank you. Powell: Madam Mayor, Members of the Council? De Weerd: Yes, Anna. Powell: I did want to show the Comprehensive Plan, the reference made to the collectors and kind of scooting those collectors a little bit. As you can see, it is a very diagrammatic future collection of streets. I mean it is -- and I do think the intent was to let them move a little, but, in general, to have them on the half-mile section to accommodate the traffic as it collects towards the center of the section. Whatever decision the Council makes tonight regarding that 24 foot access way out to Meridian Road, it would be nice to leave opportunity for it to, eventually, be a road, if that's the way that Council wants to go or if the public opposition -- I guess I'm just saying it would be nice to leave the issue maybe not completely resolved now -- not prohibiting a road there, but at least not that -- the Priddys are not here today to -- oh, we do have a Priddy here. Sorry. We have a representative for the Priddys here today and I'm not sure how strongly they feel about a road being at that half mile at the time that they want to develop. I'm thinking they may be more amenable to it at that time. So, I just wanted to raise that or clarify that one issue. De Weerd: Thank you. Did the Priddys' representative want to say anything? You can't saying anything -- were you sworn in? Greiner: No, you better swear me in. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council April 20, 2004 Page 31 of 44 Greiner: Yes, it is. De Weerd: Thank you. Please state your name and address. Greiner: Robert Greiner, 2440 North Lanewood. I think we are -- when I talked to John and Ed Priddy today, their consensus was this is probably the most important thing they want to talk about and we -- I mean I came forward today and told Dave I would not mention anything or have any opposition to the development, as long as the things that he mentioned earlier were met and so we do have a concern with the road. We really would not like it to be there. We would like the lane to be exactly as this gentleman stated, that it would be used until phase ten or that five-acre parcel either became a developed parcel or they had other accesses to use and so I guess we are voicing opposition. We would not like that to be a main road. De Weerd: But you are in agreement with what Mr. McColl said? Greiner: Yes. De Weerd: Okay. Greiner: We would certainly agree with that. De Weerd: Thank you. Okay. Council, any further questions for staff or the applicant? Okay. What's your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more comments, I'd move that we close the public hearings on AZ 03- 027, PP 03-032 and CUP 03-058. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: The only discussion I have is to compliment Farwest and Mr. Martin and all of the development that went into this and the opportunity the neighbors have had to have some input, so that -- it sounds like -- I don't know that it's perfect for everybody, I think Meridian City Council April 20, 2004 Page 32 of 44 everybody has had an opportunity to have that discussion and get their feelings heard and an opportunity for them to be addressed by the development in this and I think this is -- there are issues here that we have some issues and concerns with, but I think they have overcome the majority of them and I think it's going to be a very positive addition to our community. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Nary and the thing I like about it is the way they went back and made the larger lots and everything to kind of tie in with the surrounding area and I appreciate that. We have -- it seems like we have been getting lately a whole bunch of the R-8s and it's nice to have something that is a little larger out there and I certainly appreciate it and they did try to accommodate all the neighbors, which I applaud Farwest for doing that and trying to make it and I'm like Mr. Nary, 11m sure it's not a hundred percent full proof, but I believe it's a positive step out there and I can certainly support it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'll take the other side of the coin and thank the neighbors that participated and are here tonight. Your testimony was professional. It was heart felt. I know you probably feel as if you didn't win all the points you wanted to win, but your time is important and we appreciate the way you presented yourself and thank you. De Weerd: Thank you, Mr. Rountree. I think we all can ditto what he said. Any further comments? Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 11, AZ 03-027, annexation and zoning for Saguaro Canyon Estates Subdivision and to include all applicant, public, and staff comments. Bird: Second. De Weerd: Okay. Mr. Wardle, does that also include what Mr. McColl testified to? Wardle: Yes, Madam Mayor. De Weerd: Thank you. I just wanted to make sure. Okay. It's been moved and seconded to approve Item No. 11, AZ 03-027. Any further discussion? Mr. Clerk, will you call roll. Meridian City Council April 20, 2004 Page 33 of 44 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 12 is the Public Hearing for PP 03-032. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No.12, PP 03-032, preliminary plat for Saguaro Canyon Estates Subdivision and to include all public, applicant, and staff comments, including the issue of the 24 foot easement. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 12. Is there any further discussion, other than to talk to the applicant about naming future subdivisions? Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Nichols: Madam Mayor, for the record, if Mrs. Powell could give me the date for this revised preliminary plat. Powell: 4/6/04. De Weerd: Thank you. 4/6/04 for the record. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Item 13. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No.13, CUP 03-058, Conditional Use Permit and planned development for Saguaro Canyon Estates Subdivision and to include all applicant, staff, and public comments. Bird: Second. De Weerd: Thank you. Third time is a charm. Wardle: Got it right. De Weerd: It's been moved and seconded to approve Item 13. Is there any further discussion? Powell: Madam Mayor? Meridian City Council April 20, 2004 Page 34 of 44 De Weerd: Yes. Powell: Members of the Council, I realize I forgot to point out that Brad did add a condition for a Conditional Use Permit in his memo regarding the frontage. That 24-foot flag lot would provide sufficient frontage, so I just wanted to make sure you were aware of that. Thank you. De Weerd: Okay. And the motion and second. Okay. Wardle: Yes. De Weerd: Okay. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: Request to provide roll off services to the City of Meridian: De Weerd: Thank you. And thank you all for joining us. Okay. Item 14 is a Public Hearing on request to provide roll-off services to the City of Meridian and I'm not too sure who is going to present this. Mr. Sedlacek. Sedlacek: Thank you, Madam Mayor, Members of the Council. Do I need to say my name? De Weerd: Yes. Please. Sedlacek: My name is Steve Sedlacek and my address is 2130 West Franklin in Meridian. De Weerd: Thank you. Sedlacek: Sanitary Services is always in the business of evaluating its services to the city and we have written you a letter -- a memorandum dated March 13th that you should have in your packet. We would like to add additional services to our roll-off -- our current roll-off services. What we find for the customers that have temporary projects around their home or construction contractors that need specific size containers right now, we basically offer a three yard container, which is the size that you see behind City Hall here and after -- if that's too small, the next size up is a 20 or a 30 cubic yard container, which is enormous. Typically, you would see those at a large construction project. So, for the people in between that might have a two or three week construction job at their home, they have to comply with what we give them and we would prefer to provide a wider range of services and meet their needs and let them choose what they want. Another issue is the three-yard containers are very inexpensive and, then, the next step up is a 20 or a 30, which is very expensive. It could be 200 dollars every time you dump it, versus a three yarder, which is about 20 dollars every Meridian City Council April 20, 2004 Page 35 of 44 time you dump it. So, what we would like to do, as stated in the memorandum, is offer six and eight and ten yard containers, so it goes three, six, eight, ten, 20, 30,40. This will allow us -- this will give us the widest range of roll-off services of any contractor in the valley of any city in the valley and it fills in that cost gap, too, so that people have sort of an intermediate range of cost that they can get when -- which is more suited to their need. And so in our memorandum we do show the photographs of the containers and how they are loaded. We will be hauling them with a trailer with a roll-off hoist. We call it a mini roll off system. And it's a nice little addition to our services that we provide and we are hoping to get your support for these additional services. De Weerd: Thank you, Steve. Is there any questions? Okay. Thank you for your thorough overview. Sedlacek: You are most welcome. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to testify? No. Okay. Council, would you like to close the Public Hearing? Bird: So moved. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before we pass on this, I just want to say that SSC has always come to the front in helping patrons of Meridian with their trash and I certainly appreciate it in not only as being a patron, but also on the Council up here, that it's -- your foresight is so good and you guys have done such a great job and we certainly appreciate it. Rountree: I would second that. De Weerd: Yes. Thank you. Just a point of information. You all received a copy of a letter from Idaho Waste Management. Bird: Yes. De Weerd: I did talk to SSC and suggest that the SWAK take a look -- or offer to meet with the agency and, then, can report back to Council on if this is something that we should take up at a Council meeting. Rountree: Gee, thank you. Meridian City Council April 20,2004 Page 36 of 44 De Weerd: You're welcome, Charlie. Powell: Madam Mayor, Members of the Council, I'd also like to say, you know, since we have started the comments meeting, sse has been there every single meeting, fully participating in the comment sessions and really trying to address site planning issues in advance of coming to the Planning and Zoning Commission and I have really appreciated their input and their insight on those issues. De Weerd: Thank you, Anna. The Public Hearing is closed. And that's why we waited until now to make any comments about you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Do we need to make motion for the approval or -- De Weerd: Mr. Nichols? Nichols: Madam Mayor, Members of the Council, in the past you have directed me to prepare a resolution that sets out these new fees. Nary: Then, I would make a motion to request -- I guess if we even need a motion. I would request that we have a resolution to approve the fees as requested and -- for these additional services by SSC. Bird: Second. Rountree: Second. De Weerd: Okay. It's been moved and seconded to direct our attorney to draw up the resolution. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 15: Report from Brad Watson on sewer feasibility north of Area of Impact: De Weerd: Okay. Item 15 is a report from Brad Watson on our sewer feasibility north of our area of impact. Watson: Thank you, Madam Mayor. I'm a little more technically prepared this week, with some capable assistance of my staff. What we have got on the screen here is an aerial photo of the area north of Chinden. This -- the bottom of the photo includes Chinden. It goes a mile north passed the bench area. I'll preface all this by saying we have done as much of an analysis as we can on sewering four or five square miles in a Meridian City Council April 20, 2004 Page 37 of 44 week as possible. We have looked at three options. I'll back up just a little bit and pan over. We had to break this into two separate analyses. If you look east of Linder Road, there is some ongoing development through here and some golf course and -- actually, east of Ten Mile Road as well -- that we think we would have quite a bit of difficulty getting a trunk sewer to go all the way westward down this area. So, what our staff engineer has done is broken into two separate analyses. The first one is the mostly undeveloped area from McDermott to Ten Mile Road and he's put together several options. Two of these options try to utilize the trunk system that we haVe planned, the McDermott Trunk and the Black Cat Trunk. What happened is in order to sewer this by gravity, either by having a collector down on Chinden or by putting one through the middle of these properties and, then, down, is that we drive the sewer anywhere from eight to 13 feet deeper. Some of the sewer in Chinden Road would be 30 feet deep. It drives the Black Cat lift station and the McDermott lift station again 12, 13 feet deep. We are there already. In the 25-foot range. Not that it's impossible, but we are getting into some fairly complex construction out there if we went this way. The third option he looked at -- and I only have one of these up here, because each drawing takes about four minutes to load, because of all the photos. The third option he looked at was putting in sort of a sub-regional lift station down here somewhere down towards McDermott and pumping into one of these future trunk lines that we have master planned. Rough estimates on these three options are anywhere from about 1.8 million to I think 2.5 million to sewer just these -- well, it turns about to be about one square mile through here. Going eastward past Ten Mile Road, there has been quite a bit of very -- what's the opposite of dense - non-dense development out there. I inserted the plat -- preliminary plat of Paramount Subdivision just for reference. We do have at least one developer who is looking at this property west of Meridian Road quite seriously. Gary and I met with him several weeks ago. From what I can gather he had a project that was of a density of about one unit per acre and all along they were planning on using a package wastewater treatment system. Eagle sewer district wouldn't sewer them. From what I have been able to gather, DEQ has put a stop to these package wastewater systems of this particular type, so this particular developer is stuck without any kind of sewer availability. There is really not a good solution for sewering this area where much of this development has occurred. The one thing that we just haven't had time to get to is to look at a series of -- they are not even sub regional, they are just a series of lift stations that could pump back south into what will be a trunk line in Paramount or trunk lines in Linder Road. I did speak with this developer late this afternoon and he's pretty serious about trying to work something out with the city. We have talked to him about all the political ramifications. There is Eagle Sewer District and I think Eagle city. There is Ada County. There is United Water. There is a lot of different agencies that would be involved in something like this, but he's interested in doing something in a pumping situation that would come back down into Paramount or into a trunk that is master planned up Linder Road and, then, just south of Chinden. This phase of Paramount that would bring the trunk up this close is phase seven. They are on their third phase right now. So, maybe it's not that far away. The one problem we have is that if we -- we just looked at all of the undeveloped area and assumed I think one ERU -- 1.25 ERU per acre. That's much more dense that what has developed, but from what I'm told that it could be that high. I don't know Eagle's zoning code very well, so that was -- or Ada County. I don't know. I barely know ours, but I don't know the other agencies. That's Anna's territory. Anyway, just based on what we Meridian City Council April 20, 2004 Page 38 of 44 guessed, it looks like the sewage that would be pumped out of this area from roughly one half mile east of Linder and the remaining area north of Chinden, but above the bench, could have some capacity impacts on these lines. A lot of these lines are already built. So, all I can tell you right now is I couldn't say that we can sewer this easily by lift station. I think it needs a lot better and more thorough analysis and to do that, given the other priorities we have, I would guess probably a month, month and a, half to properly get this into our model and give it a good shake. I think that's alii had. Do you have any questions? De Weerd: Well, I guess, Brad, you know, the area to the east of Linder Road, in my opinion, is in Eagle's area of impact and we shouldn't worry about it. I guess it was more in the area to the west of Linder and because of the sewer or the service issues to the east of Linder, you know, I wanted to see if we would be able to service that area west, because it just would appear that we would be the most logical entity to provide services to those areas, if it should ever be requested, and wanted to know the feasibility of that. Watson: Madam Mayor, it's probably not a saying that's restricted to the engineering community, but with enough time and money we can build anything you want. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have a quick question for Brad, just to follow that up. I think one of the things that we were looking at is would we be the most logical entity to sewer this area, given the obvious topographical challenges that lie in that portion? Does that make sense, Brad? Watson: Councilmember Wardle, I think it makes sense. I think if we were to give this just study, we would probably need to actually meet with Eagle Sewer District and maybe even Star and see what is most logical and to do that I think we are going to need to involve their engineer, which happens to be JUB, Eagle's sewer district, and Star I think is Keller & Associates. We know them well. So, it probably wouldn't be that hard to do, but it's going to take some time to get everybody on the same page and really look at this. I don't think this is easily sewerable for anybody, but maybe we are the most easy. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe that Eagle is already out to the east side of Meridian Road and I think it's Boise, not Eagle's sewer district themselves. I think they have subcontracted to Boise and follows the river down to Banbury or downhill I mean. I really -- I mean you're not just talking about sewer, you're talking about a political impact area, which we don't have. We are evidently looking into sewering an impact area that belongs to Eagle and to Star, as far as I know, and I don't -- I think our developers should demand that we get Meridian City Council April 20, 2004 Page 39 of 44 sewered out within our impact area before we worry about going outside of our impact area and we are a long ways from that. That's my comment. Powell: Madam Mayor? De Weerd: Yes, Anna. Powell: Commissioner Bird, I believe that, actually, the area between Linder and Black Cat -- no. Linder and McDermott is currently not in anyone's area of city impact and that's the question that Eagle and Star are squabbling over the area right now and I believe that's why we are looking into -- Bird: It is Spur Wing Subdivision, which is the big involved out there, which could care less about going into any sewering system or any city and to sewer it -- I don't believe it will flow our way, according to what JUB -- I will have to pull the master thing that they give us about six years ago, but I don't think it -- I think at Chinden Boulevard it changed and started down to the north, if I remember right. I don't know. I just think we need to worry about our own impact area, so we don't lose a whole bunch of it like we did about ten, eleven years ago, because we didn't have our services out there. De Weerd: Mr. Bird, I -- this was really brought up, because of the request of the developer in Eagle's area of impact that could not be sewered and because of the request for the area of impact and they wanted our support, we wanted to know who could best service that area. A second reason is we will be meeting with the rural fire district next week as this is in both the rural and our fire district to service for fire protection and this discussion -- I think in supporting the rural and our fire department and their concern that this area would be taken out of their fire district, we needed to also look at can we service it in other ways if this area of impact were asked by Ada County to be put in a city area of impact. As far as we are concerned, we would like to see it kept in the county. If it needs to be put into a city area of impact, who could best service that. It is an area that the rural fire district does count on in their budgetary type of situations and it is part of the commitment they made when we obtained that Linder lot to service that area as well and so that is what has initiated this conversation, in particular Star has an area of impact public hearing next week and they had originally come to us for our support and, thusly, it created -- it started this discussion. And that's why we asked our staff to take a look at it. Is it something that we could sewer and who would most logically be able to service this area if it is brought into anyone's area of impact. Bird: Madam Mayor, I know why it was done and there is nothing that says that they -- the rural district might lose that. That will have to be brought in court, because I don't believe that Eagle has a fire department. They have a fire district, but not a fire department. When they annex is there a guarantee that Eagle fire goes in it. De Weerd: Traditionally it has -- Bird: Traditionally, but legally. And the fire district -- Mr. Fitzgerald is looking into that. Star is under the same. Boise and ourselves are the only ones that have our -- have a Meridian City Council April 20, 2004 Page 40 of 44 fire department, along with Boise has Whitney as a rural, but we have our own rural. I agree with that, but I also think that we need to worry about our impact area right now and get it taken care, so we can control the growth as we deem feasible. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: There is one thing that you said in your comments that's key to this and it's the county's job to untangle this thing that we have got here. We have multiple jurisdictions with various degrees of responsibility in this piece of dirt. Whether it's our fire district or whomever can sewer it, it seems to me if anybody makes application for a change in impact, they -- the county either makes them the burden of proof that they can provide those services reasonable or the county fund a study that looks at where best to this put this land, leave it in county, leave it in Star, leave it in Eagle or Meridian. I would object for the City of Meridian to carry all the water on this. If we did it in cooperation with all the involved cities in the county, possibly, but it seems to me that the county should step up and say we have let these kinds of -- our predecessors have let these kinds of things happen and we are going to step up and try to resolve them. I haven't heard them say that. They just keep getting applications for somebody who wants to lay claim to it. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. I think I would concur with Councilman Rountree on that. I mean at least to me -- I mean we are going to have a discussion with the rural next week, but it sounds to me like the city's position is going to be we need a much better look at this area in regard to all of those players and affected parties, the different cities, to different fire districts and the like and that we really -- we don't have enough information at the moment to say where this area should be, but we have enough to know that it's not an easy answer and it can't just be in Meridian and Star or in Eagle. without really -- or left in the county without a lot more study and evaluation and at least right now that seems to be where, I guess for myself, I would be leaning towards a comment to the county, if we are going to make one, would be you need to look at this a lot more closely as to the real feasibility of doing this before we do anything. De Weerd: Very good. Any further comments? Soap boxes? Rountree: Shoes and tables. De Weerd: Exactly. Nary: Now that the TV camera is gone. De Weerd: Well, Craig's still here. He's here at a hearing. Meridian City Council April 20, 2004 Page 41 of 44 Bird: He's going to want the ordinance in its full- Item 16: Tabled from April 13, 2004: Resolution No. Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: De Weerd: Okay. Item 16 is tabled from April 13th. Resolution No. 04-031, approval to proceed with the work for tree replacement on Main Street by cashing out a 500 dollar deposit. Is there any discussion on this item? Okay. I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Resolution No. 04-430-- De Weerd: Three one. Rountree: Three one. Excuse me. Bird: Three one? De Weerd: Yeah. The resolution three oh was on the Consent Agenda. Bird: I'm sorry, Will. I second that. De Weerd: Okay. It's been moved and seconded to approve Resolution 04-431. Any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. Amended Ordinance: Pretreatment I Sewer User De Weerd: Okay. Item No. 17 is Ordinance 04-1075. Mr. Clerk, will you, please, read this by title only? Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1075, an ordinance amending the following sections. Section 9-2-2 D local limits to provide for a revision to maximum daily concentration M, G per L, and to add a new paragraph on stringent limits or rules, Section 9-4-2 definitions and specifically the definition of sewage or waste matter to remove language from the definition and to add a new paragraph on stringent limits or rules, Section 9-4-4, city authority to remove and add language to this section and add a new paragraph on stringent limits or rules and Section 9-4-2, 4, Sewer users charges and connections fees to remove and add a claimed week to section for the City of Meridian Idaho of Chapters 2 and 4 of Title 9 of Meridian City Council April 20, 2004 Page 42 of 44 the Meridian city code, providing for appeals, conflicts, validity, savings clause and providing an effective date. De Weerd: You have heard that glorious and entertaining title to this ordinance. Is there anyone who would like it read in its entirety? Thank you. We are forever in your debt. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 04-1075, with suspension of rules. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 17. Is there any further discussion? Mr. Clerk, will call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 18: Water, Sewer and Trash Delinquencies: De Weerd: Thank you. Okay. Item 18 is delinquency for turn off. This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 p.m., Tuesday, April 20th, 2004, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this city that your water, sewer, or trash bill is delinquent. You may retain counsel. Your service will be discontinued on April 21 st, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Okay. They are hereby informed that they may appeal or have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $14,914.81. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the delinquency for turn off schedule for April 21st, in the amount of $14,914.85. Nary: Second. De Weerd: Okay. It's moved and seconded to approve the delinquency turn off list. Any further discussion? Mr. Clerk, will you call roll. Meridian City Council ApriJ20,2004 Page 43 of 44 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 19: Executive Session per Idaho State Code 67-2345(1)(c): De Weerd: Okay. Our last item on the agenda is an executive session. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I move we go into executive session, pursuant to Idaho Code 67-2345 (1) (c). Bird: Second. De Weerd: Okay. It's been moved and seconded to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: All ayes. EXECUTIVE SESSION De Weerd: Would entertain a motion to come out of Executive Session. Bird: So moved. Nary: Second. De Weerd: It's been moved and seconded to come out of Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: No decisions were made while in Executive Session. Well, that's the end of our agenda, I would entertain a motion for adjournment. Rountree: So moved. Nary: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. Meridian City Council April 20,2004 Page 44 of 44 MEETING ADJOURNED AT 10:25 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) APPROVED ~~ 5' I (I I 01- DATE APPROVED \\\\1111111/111/ \\\\ C Mr:- 11'1 ",,\ -{ Or cff/D 1;,;,// " ~ '4 ........ $' () O~OR-1"" "'f.,....~ :::- _~O '<..'1:- -:;:. ~ 'F 0 ~ ATT~X: 'L~ ~l SEAL \ ~p-- ;: 1( O':: WILLIAM G. BERG, J ,C TY C%8g GUSI' 1$\ .....C!i .f f "'", ~,.. ..0'tt "v // .....;0 "" " /;';';, UNT'<. \\" 11II 1\1 lit" 11111\\'\ April 8, 2004 MERIDIAN CITY COUNCIL MEETING PP 03-024 APPLICANT Packard Estates Development, LLC ITEM NO. . C;~ S REQUEST Tabled Findings from 4/6/04- Request for reconsideration for revised PP approval of 302 building lots & 28 other lots on 90.29 acres in a proposed R-8(PD) zone for proposed Redfeather Estates Subdivision No.2 - south of East Ustick Road and east of North Eagle Road April 13, 2004 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 Findings ~,rJ Date: 411? 1M ~one: ..9.'l)i(-011S0 ~ at public meetings shall become property of the City of Meridian. Contacted: Emailed: April 1, 2004 MERIDIAN CITY COUNCIL MEETING April 6, 2004 APPLICANT Packard Estates Development, LLC P P 03-024 lo-F ITEM NO. REQUEST Tabled Findings from 3/23/04-- Request for reconsideration for revised PP approval of 302 building lots & 28 other lots on 90.29 acres in a proposed R-8(PD) zone for proposed Redfeather Estates Subdivision NO.2 -- south of East Ustick Road and east of North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~b 1.. /0 tV ~Xll ${J)( AA ,1M ~ u..-vt _ Date: tf~~() ::1 Phone: tt: Y Slaff Initials: ~/ Materials presented at public meetings shall become property of the f Meridian. Contacted: Emailed: ~ ,'"j. ib interoffi ce MEMORANDUM - Of Ivlerid.iwl Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Redfeather Estates Subdivision No.2 File: PP-03-024 Date: March 22,2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their March 2,2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attomey office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Metidian 15360M\Redfeather Estates Sub. No.2 AZ-03-021 PP-03-024 CUP-03-041\BergPl'ePJatMEMO 03 22 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/02/04 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR REDFEATHER ) ESTATES SUBDIVISION NO.2 FOR ) 302 BUILDING LOTS AND 28 ) OTHER LOTS ON 90.29 ACRES ) LOCATED ON THE SOUTH SIDE ) OF USTICK ROAD, Y.. MILE WEST ) OF CLOVERDALE ROAD, AND ) THE EAST SIDE OF EAGLE ) ROAD/SH 55, Y.. MILE SOUTH OF ) USTICK, MERIDIAN, IDAHO ) ) BY: PACKARD ESTATES ) DEVELOPMENT, LLC, ) APPLICANT ) ) Case No. PP-03-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 2, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blecher, Bruce Mills, Kenny Bowers and Susan Cole, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Planner ill and Craig Hood Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ill, and the City Council having received as part of the record of this matter the recommendation to City Council of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO.2 / (pP-03-024) 1 of 17 Planning and Zoning Commission and the "REDFEATHER ESTATES SUBDIVISION NO.2, SECTION 4, T.3N., R.IE., B.M., ADA COUNTY, IDAHO, REVISED PRELIMINARY PLAT, SHEET 1 OF 2, R-PRE, DWG.DATE 01/20/04 bkb, PROJ. NO. 3022, /3022-PRE.DWG, WILLIAM E. AND MELVINA ANN GRANT and ARCHIE R. WOOD - OWNERS OF RECORD, PACKARD ESTATES DEVELOPMENT, LLC - DEVELOPER, BECKY McKAY - PLANNER/CONTACT, (Received by the City of Meridian via facsimile dated FEB 0404)", Packard Estates Development, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-4 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 C] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDMSION NO.2 / (pP-03-024) 2 of 17 The Applicant has submitted a revised preliminary plat, planned development plan, and landscape plan. A new ACHD staff memo, by Christy Richardson, was also submitted to the City, clarifying the gate at the south end of Duane Drive. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. The developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to the project. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the revised preliminary plat, there will be public financial capability of supporting services for the proposed development. The developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to the project. 5. It is found that the City and its related serves are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. The Fire Department provided a list of conditions, and the developer shall be required to comply with all the department's conditions. 6. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEA THER ESTATES SUBDIVISION NO.2 / (pP~03-024) 3 of 17 no specifics of any such concerns brought to the Council's attention. ACHD considers road safety issues in their analysis; no hazardous natural features have been identified on the site. 7. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 8. The applicant has submitted for consideration of this approval the preliminary plat as follows: "REDFEATHER ESTATES SUBDIVISION NO.2, SECTION 4, T.3N., R.IE., B.M., ADA COUNTY, IDAHO, REVISED PRELIMINARY PLAT, SHEET 1 OF 2, R-PRE, DWG.DATE 01/20/04 bkb, PROJ. NO. 3022, /3022- PRE.DWG, WILLIAM E. AND MELVINA ANN GRANT and ARCHIE R. WOOD- OWNERS OF RECORD, PACKARD ESTATES DEVELOPMENT, LLC- DEVELOPER, BECKY McKAY - PLANNER/CONTACT, (Received by the City of Meridian via facsimile dated FEB 0404)". 9. The City Council recognizes the concerns of the following individuals: Sherry and Harvey Hoff (letter dated 9/12/03) J.P. Rolison (letter dated 9/1/03) Charles and Josephine Altman (letter dated 9/3/03) Fitzroy A. and Virginia Belcher (letter dated 9/4/03) Hal and Michelle Broadhead (letter dated 9/3/03) Gerald J. and Cathy L. Reeves (letter dated 9/3/03) J.R. Nishioka (letter dated 9/1/03) Wilbur K. and Barbara A. Braddick (letter dated 9/8/03) Dan and Darlene Thompson Robert C. Sanders (letter dated 9/10/03) Howard and Karen Jeffries (letter dated 9/11/03) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDMSION NO.2 I (pP-03-024) 4 of 17 Sue Piva (letter dated 12/4/03) Michael Tyvand (letter dated 12/4/03) DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted the "REDFEATHER ESTATES SUBDNISION NO.2, SECTION 4, T.3N., R.1E., B.M., ADA COUNTY, IDAHO, REVISED PRELIMINARY PLAT. SHEET 1 OF 2. R-PRE. DWG.DATE 01/20104 bkb. PROJ. NO. 3022, 13022-PRE.DWG, WILLIAME. AND MELVINA ANN GRANT and ARCHIE R. WOOD - OWNERS OF RECORD. PACKARD ESTATES DEVELOPMENT, LLC - DEVELOPER, BECKY McKAY - PLANNER/CONTACT, (Received by the City of Meridian via facsimile dated FEB 0404)", Packard Estates Development, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Applicant has agreed and the Council recommends the fence along the west property line be a vinyl fence. 2. Applicant shall work with Clover Meadows Subdivision to include a pedestrian pathway that would access E. Tahiti Street and Clover Meadows Subdivision, if the two parties can provide a location for the pathway lot. 3. The Applicant shall work with ACHD to clarify their condition regarding the Duane Drive gate. The Council recommends it be usable as a pedestrian access and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDMSIONNO. 21 (pP-03-024) 5 of 17 emergency vehicle access and that the only people able to ask for removal of the gate be the Perkins-Brown Homeowner's Association and the City of Meridian, specifically the Meridian Fire Department. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions ofthe accompanying Annexation/Rezone and Conditional Use Permit applications shall also be considered conditions of the Preliminary Plat. 2. The applicant will be required to construct the South Slough Sanitary Sewer Trunk line and lateral sewer mains to provide service to this development. No service lines will be allowed in the off-site segments. Applicant will also be required to construct a temporary all weather 14-foot wide gravel access road over any undeveloped segments within this project, until such time as the public street is improved. At ultimate build-out, the sewer and water mains shall be located within the improved public right-of-way. 3. The applicant shall be required to extend water mains to and through the proposed development. Water service to the subdivision shall be from existing mains in Ustick Road and from Eagle Road. 4. Dedicate Ustick Road right-of-way in accordance with ACHD's requirements and provide a 35-foot wide landscape buffer along Ustick Road in accordance with MCC and outside of the ultimate right-of-way. Any future right-of way shall be located on a separate common lot. The required street buffers along Ustick Road shall include 35' oflandscaping and may be measured from the future back of curb, since detached sidewalks are required. Ifthe right-of-way ends at the back of curb, the width of the landscape buffer common lot shall be at least 30' wide to provide a full 35' oflandscaping exclusive ofthe sidewalk width. (Revised to 35' buffer per City Council action at their March 2, 2004 meeting.) 5. ill accordance with MCC 12-13-10-8, the applicant shall construct detached sidewalks adjacent to Ustick Road. The minimum width of the parkway area between the future curb and sidewalk shall be five (5) feet. ill any parkway areas less than ten (10) feet wide, tree plantings within the parkways will be restricted to either Class I or Class II trees. 6. Extend Granger Street and Pahn Street into the site as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO.2! (PP-03-024) 6 of 17 7. A detailed fencing plan shall be submitted upon application of the final plat. A 6- foot solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. The fence along the west boundary (adjacent to Perkins-Brown Subdivision) shall be vinyl. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. Micropath fencing shall be shown per Ordinance 12-13-15-9. The applicant should address intended fencing design at the public hearings. 8. The preliminary landscape plan prepared by Harvest Design and dated 2-13-04 (received 2-17-04) is approved as submitted, with the following modifications: (Revised the Landscape Plan date to 2-13-04 and received 2-17-04 per City Council action at their March 2,2004 meeting.) A. All fencing adjacent to the open space lot (Lot 12, Block 25) and adjacent to the South Slough multi-use pathway shall be open vision or, if sight obscuring, a maximum of four feet in height. (Revised the Lot and Block per City Council action at their March 2, 2004 meeting.) B. The micropath shown on Lot 1, Block 14 (Sheet LS-4) must be located a minimum of five feet from any sight obscuring fencing. (Revised the Bock per City Council action at their March 2, 2004 meeting.) C. There is a common lot on N. Chatterton Way, Sheet LS-l, that is not shown with any landscaping. This area shall be planted in accordance with MCC 12-13-16. The street trees shown on Sheet LS 2 and LS 3 (on N. Grenadier 'Nay) are proposed with attached sidevlalks. HOW8yer, tho N. Grenadier \Val' street section shovlll on Sheet 2 ofthe preliminary plat ShOVlS detached sidewalks. The applicant must ensure the landscape plan and the plat construction drawings reflect the same design and should clarify this at tho Conunission hearing. (Deleted the entire C. and added the new C. language per City Council action at their March 2,2004 meeting.) 9. Submit a copy of the encroachment agreement with the Nampa & Meridian Irrigation District (NMID) for the Milks Lateral prior to the pre-construction meeting for those specific phases of the subdivision. 10. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Nampa & Meridian Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO. 2 J (pP-03-024) 7 of 17 utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. II. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results offield studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set aminimurn of3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 12. As proposed, the micropath alignment and construction on Lot 20, Block 7 shall preserve the existing tree located at the terminus ofW. Briarwood Dr. All pathways within the proposed subdivision shall be designed in accordance with MCC 12-13- 15 "Micropath Landscaping". (Revised the Lot and Block per City Council action at their March 2, 2004 meeting.) 13. Upon any re-development of Lot 1, Block 7, the existing stub street within Dawson Meadows Subdivision shall be extended to provide interconnectivity between Red Feather Estates No.2 and Dawson Meadows. (Revised the Block per City Council action at their March 2,2004 meeting.) 14. Prior to the final plat submittal of Phase 1 (oT'.vhichover future phase Lot 1, Block 12 falls within), the applicant shall proyide Plan..'1ing & Zoning staff '.vith an approved sketch ofhov.' Lot 1, Block 12 may be re developed in the future. Said sketch should include ho'l,' the access to Lot 1, Block 12 will be pro'.'ided internally (off of the Dawson Meadows stub street extension) and not from Granger Street in the future. (Deleted per action of the City Council at their March 2, 2004 meeting, as the Applicant has already complied.) 15. The existing right -of- way adj acent to the west property line within Block 14 must be vacated and the vacation approved by the City of Meridian and ACHD prior to the final plat being submitted for any lots impacted by the right-of-way easement. (Revised the Block per City Council action at their March 2, 2004 meeting.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RED FEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024) 8 of 17 16. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the South Slough pedestrian pathway prior to the first building permit being issued for the applicable phase (shown as Phase 6 on the preliminary plat). The easement shall be sufficient width to cover the pathway, as required by the Parks & Recreation Department. The 10- foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase. Additionally, a note shall be added to the face of the final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. The note shall also indicate who will be responsible for landscaping maintenance within the easement. 17. Deter all construction traffic from Duane Drive, as no construction traffic should utilize Duane Drive. 18. The two micropaths on the north and south sides of Lot 3, Block 24 shall be increased from 10 feet wide to 15 feet wide. (Added this condition per action ofthe City Council taken at their March 2,2004 meeting.) 19. The applicant shall revise the preliminary plat to reflect condition #18 and to show phasing lines. Submit 3 copies of the revised preliminary plat to the City Clerk prior to the first final plat submittal within the subdivision. (Added this condition per action of the City Council taken at their March 2,2004 meeting.) STANDARD CONDITIONS (PRELIMINARY PLAT) 1. Submit a copy ofthe Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plates). 4. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO.2 / (pP-03-024) 9 of 17 5. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal ofthe final plat applications. The plan must include sizes and species of trees, shrubs) berminglswale details, and all proposed ground cover/treatment. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 6. 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 MCC 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells maybe used for non-domestic purposes such as landscape irrigation. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. 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. 11. 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. C. Adopt the Recommendations of ACHD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However) iffunds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT REDFEATHER ESTATES SUBDNISION NO. 2/ (PP-03-024) 10 ofl 7 the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of23-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Us tick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder ofthe internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. 7. Install swinging gate* at the connection of Duane Drive* and Palm Street for the present time. Construct a pedestrianJbicyc1e pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north ofthe gate). *Duane Drive shall be a public street connection. Also, a public hearing would FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024) llof17 have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 042004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 500- feet north of the south property line, as proposed. mstall a sign at the terminus of the roadway stating that, tlTHIS ROAD WILL BE EXTENDED IN THE FUTURElI. 9. Construct a stub street tot eh south property line approximately 900- feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREtI. 11. Construct a stub street to the north property line approximately 1 DO-feet west of the east property line, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with BriaIWood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Clover dale Road and Granger Street if the warrants are met prior to the District's reconstruction of Clover dale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 1 DO-square foot area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO.2 / (pP-03-024) 12 oft 7 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024) 13ofl7 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result ofthe development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. It is requested that Duane Dr. be connected 'lIith full y;idth street to provide secondary access for the project. The public street connection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (per action of the City Council meeting of March 2,2004.) E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO.2 I (PP-03-024) 14 of 17 and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public. service providers, agencies, etc. (Per Christy Richardson's ofletter to Anna Powell- Planning and Zoning Director, stamped: RECENED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence. which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion ofthe property is to be made a part ofthis annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement also cites the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Inna Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO.2 / (pP-03-024) 15 of 17 4. The revised Landscape Plan shows the increase landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 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 being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ! -7-1~ By a~t' of the City Council at its regular meeting held on the _ d day of f. 7 , 2004. , ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024) 160f17 COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -- Attest \\\11111111////1 \\\\ C M'" \\\\ _lOr EJ::r,^ 111/ " =' '\ 'Vl // /~ a cpf{pol1....!)'; "11,- ~~ f ~ ~ \ - - t? 2 , ~ - "I bo. "ql 0 ~ -/, '<) ~u'r 181 . -<' ~ '..,;. <<,' ~ .:::-' 'l a ~ " /,1; OUN'-rV \ \\' 1;//1 . 'I \ , \\\\' JUiU" HIll\\\ Copy served upon Applicant, The Planning anc1'Zonim! Department, Public Works \,lIlIlllIm'l Department and City Attorney. \\\\\\\\ Of ME-Fiflllll;; \' .<~ 1Dl // ,\ 0'" '-1. 'l }' cp'f'..POR4 ~ '1,; ~ 2 ~ ~o ~ - SilblL zl? r tJ 4- ~ 0?:::- '-"7. Qu. '\~ 0 ~ '-;';',<'') Sr 181 . :<:.f >,/ "9 a r\'i(- ,\' //; 0'_1 -r'li \\.1 s::' Z:\Work\M\Meridian\Meridian 15360M\Redfeather Estates Sub. NQ1'f,M;2aj.~2'1 'Pf\~\J24 CUP.03-041\FfClsOrdPP.doc qU;;n f;i.\\\\' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REDFEA THER ESTATES SUBDIVISION NO. 2/ (pP-03-024) 17 of17 April 15, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT W.H. Moore Company AZ 03-025 April 20, 2004 ITEM NO. 6- (') REQUEST Tabled from April 13, 2004 - Findings - Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin - northwest corner of East Ustick Road and North Eagle Road AGENCY ~OMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings {JJ Mf Contacted: Emailed: Date: Staff Initials: Phone: Mctericls presented at public meetings shall become property of the City of Meridicn. RE EIVE APR 1 4 2004 City Of Meridian City Clerk Office WHITE PETERSON ATIORNEYS AT LAw KEVIN DINIUS JULm KLEIN FISCHER CHRISTOPHER D. GADBERT WM. F. GIGRAV, III T. GUVHAL!.AM" JILLS. HOLlNKA JOHN R. KORMANIK' WILLIAM A. MORROW WILLIAM F. NICHOLS ** CANYON P ARKATTHE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. NY!;: PHILIP A. PIITERSON TODD A. ROSSMAN TERRENCE R. WHITE ... . Also admitted in CA .. Also admitted in OR ... Also admitted in WA April 13, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: W.H. MOORE COMPANY / ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT / ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-025 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING prepared as per instructions from the Council meeting of March 23, 2004, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner(s) and/or deveJoper(s) signatures. After the Council meeting, if Council approves the Findings ofF act and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners(s) and/or developer(s) for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findin!!s of Fact and Conclusions of Law and Decision and Order Crantin!! Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. " very.. trulY.Your~rj /; /l ~.- ~ . . Ie 0 S Z:\Work\M\Meridian\Meridian 15360MIB]ue Marlin AZ-03-025\FFCL DEV AGMT ORD Clerk Ltr 04 ]3 04.doc BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The above entitled mmexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 57.84 ACRES FOR PROPOSED BLUE MARLIN FROM RUT TO C-G, LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF USTICK ROAD AND EAGLE ROAD/SH 55, IMMEDIA TEL Y NORTH OF THE PROPOSED KISSLERlCOBBS/EAGY/RUWE ANNEXATION AND EAST OF CHAMPION PARK SUBDIVISION, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT CIC 03/23/04 Case No. AZ-03-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on March 23,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Jonathan Seel, Winston Moore, Tom Davis and Cornell Larsen, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG BLUE MARLIN (AZ-03-025) PAGE 1 OF 22 FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code g g 67-6509 and 67 -6511, and Meridian City Code g g 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 57.84 acres in size and is located on the northwest corner of the intersection of Us tick Road and Eagle Road/SH 55, immediately north of the proposed Kissler/Cobbs/Eagy/Ruwe annexation and east of Champion Park Subdivision, Meridian, Idaho, all within the Area ofImpact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. Per Ada County Assessor records*, there are three (3) separate tax parcels within the proposed annexation boundaries. The parcel ownerships are as follows: Winston H. Moore (2 parcels) Joann Crawford (l parcel; middle) 29.70 acres 28.05 acres Total 57.75 acres (approx.) *(t:iote: While the Ada County Assessor records still show Crawford as owner of the 28-acre parcel, a Warranty Deed was submitted with the application showing Mr. Moore purchased the property. However, the deed submitted with the application is not recorded and the Assessor's Office still shows Joann Crawford and Jack Joslin as the titled owners. Per staffs request, the Applicant submitted a Memorandum of Purchase Contract which outlines the legal rights of Winston H. Moore as the "Buyer" of the Crawford property." Said contract confinns that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 2 OF 22 W.H. Moore is the equitable owner of the 28-acre Crawford parcel and, as such, has the right to approve consent for the annexation application to be submitted to the City. Winston H. Moore has provided notarized consent for the subject application. The Applicant is W.H. Moore Co. of Boise, Idaho. 5. The property is presently zoned RUT (Ada County). 6. The Applicant requests the property be zoned as C-G (General Retail and Service Commercial). 7. The subject property is bordered to the north by RUT and Agricultural and zoned "Low Density" within the Boise City Area ofImpact, to the south by RUT, to the east by R-8, and to the west by RUT. 8. The Applicant proposes to develop the subject property in the following malmer: no development plans were submitted with the application. 9. The Applicant requests zoning of the subject real property as C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use-Regional. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Jack Ketlinski, Wally Hedrick and Tom Davis addressed in their letters dated and February 11, 2004, February 19, 2004 and March 4, 2004. 12. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 3 OF 22 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 Special Recommendation of the Planning & Zoning Commission as follows: 1. Delete Annexation and Zoning Site Specific Condition #3, pg. 8, of the 11/3/03 staff report in its entirety. 2. Replace Site Specific condition #3 with the following: "3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H. Moore will enter into a Development Agreement (DA). This DA will require either a conditional use or a planned development application be submitted to the City of Meridian prior to future development. (Per action of the City Council taken at their March 23,2004 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use permit or a planned development.) 3.b. A conceptual master plan will be submitted with the planned development application or a site specific plan with any conditional use. (Per action of the City Council taken at their March 23,2004 meeting, eliminated the word "for" and replaced it with the word "or".) 3.c. Any future plan shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by lTD. The Developer shall provide further detail with the application for either a conditional use permit or a planned development for a roadway system within the project, as well as to how the traffic is going to be moved t!rroughout the development, and such roadway system shall be consistent with the ITD and ACHD. (Per action of the City Council taken at their March 23,2004 meeting by providing an additional last sentence pertaining to the roadway system within the development. )" B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 4 OF 22 1. Essential City services will be made available to the subject property. 2. Replace Site Specific condition #3 with the following: "3.a. Prior to atmexation ordinance approval, the City of Meridian and Winston H. Moore will enter into a Development Agreement (DA). This DA will require either a conditional use or a planned development application be submitted to the City of Meridian prior to future development. (Per action of the City Council taken at their March 23, 2004 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use permit or a planned development.) 3.b. A conceptual master plan will be submitted with the planned development application or a site specific plan with any conditional use. (Per action of the City Council taken at their March 23,2004 meeting, eliminated the word "for" and replaced it with the word "or".) 3.c. Any future plan shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by lTD. The Developer shall provide further detail with the application for either a conditional use permit or a planned development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the development, and such roadway system shall be consistent with the ITD and ACHD. (Per action ofthe City Council taken at their March 23, 2004 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" 3. 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. C. Adopt the Recommendations of ACHD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 5 OF 22 that may apply upon District review of future development, to the City of Meridian: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way from centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of300-feet from any existing roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230-feet from any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334- 8300. 6. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 6 OF 22 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 permit (or other required penuits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 7 OF 22 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. The fire lanes shall have a clear driving surface which is 20' wide available at all times. E. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. 2. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans and requires a Land Use Change Application by filed for review prior to final platting. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 8 OF 22 F. Adopt the State ofIdaho Transportation Department's Recommendations as follows: 1. SH 55 has been designated a Principal Arterial. ITD would like Ada County and the City of Meridian to help us preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way. (Further information about the noise abatement may be obtained from the Noise Abatement Measures, which is on file in the City Clerk's office.) 13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of the subject properties as "Mixed Use-Regional". The purpose of this designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. . . and to identify key areas [ ofthe City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent oftrus designation is to offer the developer a greater degree of design and use flexibility". Additionally, the fol1owing Comprehensive Plan text policies are applicable to this application: Chapter VII, pgs. 97-98, Chapter IV, Goall, Obj. A, #6, Chapter IV, Goal II, Obj. A, Chapter V, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 9 OF 22 Goal III, Obj. B, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, Goal I, Obj. B, #5, Chapter VII, Goal IV, Obj. D, #7. 14. The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. Champion Park Subdivision (aka "Parkstone") is a 100+ acre, mixed use development immediately west of the subject property, the first phase of which has received final plat approval. Carol Professional Center is a six acre office park (zoned L-O) located approximately one half (Y2) mile south of the subject property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential subdivision located in Boise City less than a ~ mile east ofthe property. It is found that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 15. No uses are proposed with this application. Certain permitted uses in the C-G zone such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have a negative impact on the existing residential uses to the north and future homes in Champion Park. The other existing single family use near the subject property (the Nesmith out parcel) is designated as future mixed use in the comprehensive plan. It is found that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and future CUP applications, should be hannonious and appropriate in appearance with the existing character of the vicinity. 16. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 10 OF 22 ordinances are exercised. Some uses may be disturbing to existing residential uses to the west. 17. It is found that roadway improvements will be required on Ustick Road to handle the additional traffic generated by future development. Sanitary sewer and water are either currently available or under construction to provide service to the area. Comments were submitted by the Meridian Fire Department, and are addressed in paragraph 12.D. above. All other public services and facilities noted above appear to be adequate to service this property. 18. It is found that this development will not cause excessive additional requirements at public cost. The South Slough Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 19. It is found that several of the allowed uses in the C-G zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. In addition, a Development Agreement could establish use parameters that would prevent detrimental effects. To comply with this finding a DA shall be entered into which requires a conceptual plan for future uses, paying particular attention to uses along the north and northwest boundaries. 20. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 11 OF 22 that the number of vehicular access points to Ustick and Eagle Roads should be restricted and comply with ACHD policies in order to preserve the capacity and movement on these roadways at build-out. 21. It is found that the annexation alone will not result in the destruction, loss or damage of other natural features. 22. It is found that the annexation of this property would be in the best interest of the City for the following reasons: · increased commercial land base available to future developers; · increased property tax revenue; · municipal services are available to the area; and · application substantially complies with the Comprehensive Plan. It is also found that, based upon the information submitted in the application, it is difficult for the Commission and Council to fully determine "best interest" factors, since no future users are known at this time. The CUP/PD process does grant the City a fairly high degree of design and use review authority, but the additional demand on staff to process such applications should also be considered. 23. 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 economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 24. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 12 OF 22 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 ofproposed 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 ~ 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 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, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter VII, pgs. 97-98, Chapter IV, Goal I, Obj. A, #6, Chapter IV, Goal II, Obj. A, Chapter V, Goal III, Obj. B, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, Goal I, Obj. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 13 OF 22 B, #5, Chapter VII, Goal IV, Obj. D, #7. 5. The zoning of(C-G) General Retail and Service Commercial is defined in the Zoning Ordinance at S 11-7-2 K as foIl ows: (C-G) General Retail and Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review ofthe impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 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, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 14 OF 22 Order: 1. The applicant's request for annexation and zoning of approximately 57.84 acres to General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 57.84 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: 1. Delete Annexation and Zoning Site Specific Condition #3, pg. 8, of the 11/3/03 staff report in its entirety. 2. Replace Site Specific condition #3 with the following: "3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H. Moore will enter into a Development Agreement (DA). This DA will require either a conditional use or a planned development application be submitted to the City of Meridian prior to future development. (Per action of the City Council taken at their March 23,2004 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use permit or a planned development.) 3.b. A conceptual master plan will be submitted with the planned development application or a site specific plan with any conditional use. (Per action of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 15 OF 22 City Council taken at their March 23,2004 meeting, eliminated the word "for" and replaced it with the word "or".) 3.c. Any future plan shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by ITD. The Developer shall provide further detail with the application for either a conditional use pennit or a planned development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the development, and such roadway system shall be consistent with the ITD and ACHD. (Per action of the City Council taken at their March 23,2004 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Essential City services will be made available to the subject property. 2. Replace Site Specific condition #3 with the following: "3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H. Moore will enter into a Development Agreement (DA). This DA will require either a conditional use or a planned development application be submitted to the City of Meridian prior to future development. (Per action of the City Council taken at their March 23, 2004 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use pennit or a planned development.) 3.b. A conceptual master plan will be submitted with the planned development application or a site specific plan with any conditional use. (Per action of the City Council taken at their March 23,2004 meeting, eliminated the word "for" and replaced it with the word "or".) 3.c. Any future plan shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by lTD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING BLUE MARLIN (AZ-03-025) PAGE 16 OF 22 The Developer shall provide further detail with the application for either a conditional use permit or a planned development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the development, and such roadway system shall be consistent with the!TD and ACHD. (Per action of the City Council taken at their March 23, 2004 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" 3. 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. C. Adopt the Recommendations of ACHD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way from centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of300-feet from any existing roadway (measured centerline to centerline). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 17 OF 22 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of230-feet from any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building pennit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334- 8300. 6. Comply with all Standard Conditions of Approval. ACHD 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 ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 18 OF 22 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative 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 comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations ofthe Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ~03-025) PAGE 19 OF 22 4. All internal & external roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. The fire lanes shall have a clear driving surface which is 20' wide available at all times. E. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. 2. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans and requires a Land Use Change Application by filed for review prior to final platting. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the State ofIdaho Transportation Department's Recommendations as follows: 1. SH 55 has been designated a Principal Arterial. ITD would like Ada County and the City of Meridian to help us preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-halfmile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 20 OF 22 3. Noise abatement (benns, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way. (Further information about the noise abatement may be obtained from the Noise Abatement Measures, which is on file in the City Clerk's office.) 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 (C-G) General Retail and Service Commercial District, and Meridian City Code ~ 11- 7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 21 OF 22 the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 20 ~ day of /JrH;l , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ VOTED*~ VOTED~ VOTED ~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 1-20-- tJ4 MOTION: APPROVED:+ DISAPPROVED: VOTED - Attest: \ Copy served upon Applicant, the Planning and Zoning Department, Public Wor~S\fi)~~a'ttt1lfi~t and th C. A ,,\\ Of Mf:t:>,_" lill e Ity ttomey. ..-,' :<....... ~ tJv..:, //... ~... c} d\PoR..<j :.<:j"t- 'l-;. // - L /{_ __ fl > j .E-' r~o % By: ~~"'/;J-/cr-?~d: ~- 2/--C{- ~ ~ City Clerk - ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-025) PAGE 22 OF 22 April 15,2004 MERIDIAN CITY COUNCil MEETING V AC 04-002 April 20, 2004 APPLICANT Landmark Engineering and Planning, Inc. ITEM NO. S - \-t REQUEST Findings - Request for a Vacation of Easements for lots 2 & 3, Block 1; lots 3 & 4, Block 1; lots 1 &2, Block 2 and lots 4 & 5 Block 2 for Scottsdale Subdivision - south of West Franklin Road and east of South Under Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Ch~~ull , EmaiJed: ~^ See attached Findings o~ #1f Date: lj-11 {J q Staff Initials: Phone: ~41;2.LI~ Materials presented at public meetings sholl become properly of the City of Meridian. CEIVED APR 1 6 2004 Interoffice City Of Meridian City Clerk Office MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Scottsdale Subdivision J V AC-04-002 Date: April 15, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF V ACA TION, for vacation of easements for Lots 2 and 3, Block 1, Lots 3 and 4, Block 1, Lots 1 and 2, Block 2, and Lots 4 and 5, Block 2 for Scottsdale Subdivision, located south of West Franklin Road and east of South Linder Road, Meridian, Idaho. These Findings will need to be placed upon an upcoming Council agenda for their approval. If Council approves the Findings, then please send conformed copies to the Ada County Highway District, the Applicant, Planning and Zoning, Public Works, City Attorney, and any affected persons who placed a request. If you have any questions please advise. Z:\Work\M\Meridian\Meridian IS360M\Scottsdale Subdivision V AC-04-002\Clerk V AC Ltr 04 IS 04.da: 8 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 05107104 02:45 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meri dian Ci tv AMOUNT .Illl 11I111111I111111I11111111111111111111 104056165 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) VACATION OF EASEMENTS FOR LOTS ) 2 & 3, BLOCK 1, LOTS 3 & 4, BLOCK 1, ) LOTS 1 & 2, BLOCK 2, AND LOTS 4 & 5, ) BLOCK 2 FOR SCOTTSDALE SUBDIVISION, ) LOCATED SOUTH OF WEST FRANKLIN ) ROAD AND EAST OF SOUTH LINDER ) ROAD, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) LANDMARK ENGINEERING AND PLANNING,INC. APPLICANT. C/C 04/06/04 CASE NO. V AC-04-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF EASEMENTS This matter coming on regularly before the City Council at its regular meeting held on April 6,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. Findings of Fact and Conclusions of Law and Order of Vacation for Scottsdale Subdivision - V AC-04-002 PAGE 1 OF 8 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {I.C. S 50-1325}. 2. When a county or highway district desires the abandonment or vacation of any highway, public street or public right-of-way which was accepted as part of a platted subdivision said abandonment or vacation shall be accomplished pursuant to the provisions of Chapter 13, Title 50 Idaho Code {I.C. S 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized fonn of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') ofthe boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no intennent, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation ofthese easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {LC. S 50-1306A (1), (2), (3) and (5)} Findings of Fact and Conclusions of Law and Order of Vacation for Scottsdale Subdivision - V AC-04-002 PAGE20F 8 4. Pursuant to Meridian City Code 99 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Conunission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. Findings of Fact and Conclusions of Law and Order of Vacation for Scottsdale Subdivision - V AC-04-002 PAGE 3 OF 8 FINDINGS OF FACT 1. Landmark Engineering & Planning, Inc., on behalf of the applicant, Wolfe Commercial Enterprises, LLC, filed a petition for the vacation of the five-foot (5') wide permanent public utilities, drainage, and irrigation easements located on each side ofthe following lot lines: Lots 2 and 3, Block 1, Lots 3 and 4, Block 1; Lots 1 and 2, Block 2; and Lots 4 and 5, Block 2. The portion of the twelve-foot (12') wide pennanent public utilities, drainage, and irrigation easements located adjacent to any public street right-of-way or subdivision boundary being a strip two feet (2') wide and located between the ten feet (10') and twelve feet (12') away from any public street right-of-way or subdivision boundary. The twenty foot (20') wide landscapelbuffer easement located adjacent to the subdivision boundary, located south of West Franklin Road and east of South Linder Road, Meridian, Idaho, and the easements along the side lot lines are requested for vacation due to the fact that they would extend through the middle portion of the re-platted lots causing issues for selling houses on the lots. The easements adjacent to street right-of-way and the subdivision boundary are only required to be ten feet (10') wide by Meridian Ordinance. The existing twelve foot (12') wide easements would encroach into the buildable area of several lots. Finally, the twenty-foot (20') wide landscape easement would encroach into the buildable area of several lots by up to ten feet (l0'). The easement was originally granted under the premise of a commercial development adjacent to the existing residential areas. The proposed re-plat (Scottsdale Villas Subdivision) is for single-family residential which is compatible with the surrounding residential areas. The legal description of the existing unused sewer easement, is the subject of this petition, is: Lots 2, 3 and 4, Block 1 and Lots 1,2,3,4 and 5 of Block 2, Scottsdale Subdivision, Ada County, Idaho according to the official plat thereof, recorded in Book 82 of Plats at pages 8916 through 8917, official records of Ada County, Idaho. 2. The particular circumstances of the requested vacation is: The vacation ofthe five-foot (5') wide permanent public utilities, drainage, and irrigation easements located on each side ofthe following lot lines: Lots 2 and 3, Block 1, Lots 3 and 4, Block 1; Lots 1 and 2, Block 2; and Lots 4 and 5, Block 2. The portion of the twelve-foot (12') wide permanent public utilities, drainage, and irrigation easements located adjacent to any public street right-of-way or subdivision boundary being a strip two feet (2') wide and located between the ten feet (10') and twelve feet (12') away from any public street right-of-way or subdivision boundary. The twenty foot (20') wide landscapelbuffer easement Findings of Fact and Conclusions of Law and Order of Vacation for Scottsdale Subdivision - V AC-04-002 PAGE 4 OF 8 located adjacent to the subdivision boundary, located south of West Franklin Road and east of South Linder Road, Meridian, Idaho, and the easements along the side lot lines are requested for vacation due to the fact that they would extend through the middle portion of the re-platted lots causing issues for selling houses on the lots. The easements adjacent to street right-of-way and the subdivision boundary are only required to be ten feet (10') wide by Meridian Ordinance. The existing twelve foot (12') wide easements would encroach into the buildable area of several lots. Finally, the twenty-foot (20') wide landscape easement would encroach into the buildable area of several lots by up to ten feet (10'). The easement was originally granted under the premise of a commercial development adjacent to the existing residential areas. The proposed re-plat (Scottsdale Villas Subdivision) is for single-family residential which is compatible with the surrounding residential areas., located south of West Franklin Road and east of South Linder Road, Meridian, Idaho. 3. Written notice of the public hearing oftl1is petition was given by certified mail with return receipt at least ten (10) days prior to the date ofthe public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 4. All publication costs have been paid by the petitioner. 5. The vacation is necessary as the applicant has requested consent to vacate several previously platted easements in Scottsdale Subdivision on the south side ofW. Franklin Road along SW 8th and Alden Streets. In May 2003, the City of Meridian approved a re-subdivision of Scottsdale Subdivision (commercial), renamed as Scottsdale Villas Subdivision (residential). During that re-subdivision process, the applicant and staff failed to address the existing easements of record (for the commercial sub) which would potentially conflict with the new lot configuration (in the residential sub, Scottsdale Villas). Idaho Code 50-1325 requires that all easements created on subdivision plats "shall be vacated in the same manner as streets" and must be approved by the local jurisdictions. Therefore, the applicant is proposing to vacate those easements within Scottsdale Subdivision (commercial) that are in conflict with the new lots and lotting pattern of Scottsdale Villas Subdivision. 6. The applicant shall be required to comply with the following Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District's Eight Mile Lateral courses along the northeast corner ofthis Findings of Fact and Conclusions of Law and Order of Vacation for Scottsdale Subdivision - V AC-04-002 PAGE 5 OF 8 parceL This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. DECISION AND ORDER OF VACATION OF EASEMENTS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The following is the legal description of the existing easements located south of West Franklin Road and east of South Linder Road, Meridian, Idaho, and are hereby vacated: Lots 2,3 and 4, Block 1 and Lots 1,2,3,4 and 5 of Block 2, Scottsdale Subdivision, Ada County, Idaho according to the official plat thereof, recorded in Book 82 of Plats at pages 8916 through 8917, official records of Ada County, Idaho. 2. The petition for the vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2, and Lots 4 & 5, Block 2 for Scottsdale Subdivision, located south of West Franklin Road and east of South Linder Road are hereby granted. 3. The City Clerk shall cause a copy ofthis order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY T A KIN GS ANALYSIS Findings of Fact and Conclusions of Law and Order of Vacation for Scottsdale Subdivision - V AC-04-002 PAGE 6 OF 8 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 ofthe City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~--l ,2004. ROLL CALL /? ,.....,It .?-V day of COUNCILMAN BIRD VOTED fju'-- VOTED ~ VOTED ~/'- VOTED fjeA-- COUNCILMAN WARDLE COUNCILMAN NARY COUNCILMAN ROUNTREE ---- MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 1-W -04- VOTED Findings of Fact and Conclusions of Law and Order of Vacation for Scottsdale Subdivision - V AC-04-002 PAGE 7 OF 8 ,6 Ma r Ta \\\11I1l1I11/111 ,\\\ r:: IHlf=,...., II/I \\"..J Or ilf1!~1.D. 1//, ,,\ ::'\' ~A ''l ~ c} O~n.:,. "" ".. /~ 2.G ~''''l/~O ~ ~ ~~ ~ ~ ~ - - - ~ - - - - - - Attest: ~ - By:JI~4-~/~ City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Depa~nt\\llllllJlIllll/ ,,\ Of MER~ "/ ~G~A~rn~ ~~ ~% .j' c} ,cpf'J'OR.1j r-t; ~ \. ~ ~- 6 -::. - - 4--;2/ --01- ~ SEAJ~ ~ : .(? =:: ~ ~ ....<00:: \. '1'<)"", vs~.;:;~> ",;;- ..........'" ~7 a ~;\) 1- ...."':- "I" '08J[;,lf'l, , .\,' (I'/Ii il ~ -J 1, \\\.._~ ~JU!iH nn~\\ DATED: STATE OF IDAHO, ) : ss. County of Ada. ) On this ;</ sf day of A~rj I , 2004, before me, the undersigned, a Notary Public in and for said State, pe sonally appeared TAMMY de WEERD 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 Ci~ 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. ~,t. ",..,.~ C1:. ~ :--.. "," ~\ .,1.. ~J. .... 'b.\.- ..o.$~~Ql> '~J./. .... .... ...~. .. ". ./> ~ 4!lI ., . 00 ?- ~ ~ (OT .. .. : ~ AJ(r \ ': : * -._ : * 5 ; .r . ~flBL\C j l .0 hO ~ "~"...... ...~ "...... ,') ~ "," ,.,t;t; z:\ Work\M\Meridian\Melidian 15360MScottsdale Subdivision V AC-04-002\FfCIOrdVacEasemIS Lots and Blocks 04 J 5 04.doc (SEAL) ary ublic for Idaho o ission Expires: t?7j!,.;UIh7 / Findings of Fact and Conclusions of Law and Order of Vacation for Scottsdale Subdivision - V AC-04-002 PAGE 8 OF 8 April 15, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT CSHQA CU P 04-002 April 20, 2004 ITEM NO. 5.:...\ REQUEST Findings - Request for a Conditional Use Permit for a temporary bank facility with a drive-thru window and a drive-thru window for the permanent structure in a C-C zone for Farmers and Merchants State Bank - swc of East Overland Road and South Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See affidavit of posting Contacted: ~~'~ ~ , I/OJJt/W\ ,,^,,) Emailed: See attached Findings ~~ Date: L-/" ( q ~O~ Staff Initials: Phone: S~'~-L1S1/;;/ Materials presented at public meetings shall become property of the City of Meridian. RECEIVED APR 1 6 2004 interoffice MEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: CSHQA FOR CONDITIONAL USE PERMIT FOR A BANK WITH A DRIVE- THRU WINDOW IN A C-C ZONE FOR FARMERS AND MERCHANTS STATE BANK File No.: CUP-04-002 Date: April 6, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. z:\ Work\M\Meridian\Meridian I 5360MlFanners and Merchants State Bank CUP-04-002\ClkLtrCUPffcls&Order 04 [6 Q4.do::: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04-06-04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A BANK WITH ) A DRIVE- THRU IN A C-C ZONE, ) LOCA TED ON THE SOUTHWEST ) CORNER OF E. OVERLAND ROAD ) AND S. EAGLE ROAD IN EL ) DORADO BUSINESS CAMPUS, ) MERIDIAN, IDAHO ) ) CSHQA, ) APPLICANT ) ) Case No. CUP-04-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on April 6, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Craig Slocum, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF20 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 6, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 6,2004, public hearings; and the applicant, affected property owners, and govenunent subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-C zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the southwest corner ofE. Overland Road and S. Eagle FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 Road in EI Dorado Business Campus, Meridian, Idaho. 5. The owner of record of the subject property is Kimball Properties, LTD. Partnership, P.O. Box 8204, Boise, Idaho 83704. 6. Applicant is CSHQA, 250 S. 5lh Street, Boise, Idaho 83702. 7. The subject property is currently zoned C-C (Community Business District). The zoning district ofC-C is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit approval for a bank with a drive-thru window in a C-C zone. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for the use requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1) 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF20 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Plmming and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL PLANNING & ZONING (P&Z) I PUBLIC WORKS 1. This Conditional Use Permit shall be subject to all applicable conditions of approval from the EI Dorado Business Campus (AZ-OI-018, CUP-OI-037, PP-OI-020) and Bonito Subdivision (FP-03-010). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. The temporary bank facility shall be removed from the site within 18 months of approval of this Conditional Use Permit. All remaining site improvements shall be installed within 3 months of receiving occupancy of the permanent building. Only temporary occupancy will be allowed until all required improvements are complete and inspected. A letter of credit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy of the permanent building. 4. The following modifications to the site plan are required: · The 4-foot walk shall be increased to be 7 feet wide to allow for a 2-foot vehicle overhang and a 5- foot clear walking surface. Since this is a temporary walkway, it may be constructed of asphalt or other handicap-accessible surface. · The proposed parking layout shall be modified to create a van-accessible handicap parking space out of two standard spaces. · The temporary walkway surface shall be removed and replaced with landscaping, instead of retained and extended as currently depicted. Note: If a permanent walkway surface, such as concrete is used, it may be extended as shown. 5. The following additions to the landscape plan are required: · Add a tree to the planter island at the northwest comer of the parking area. · Coordinate plant selection in the planter along the drive-through to meet the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 20 visibility requirements of the Police Department. 6. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded access easement that crosses the common lot, as depicted on the approved plans. 7. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 8. All parking stalls, drive aisles and drive-tluu lanes shall be constructed per the dimensions depicted on the submitted site plans and MCC. 9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 10. The project shall provide a cross-access stub to the south, as depicted on the site plan. 11. Sanitary sewer and water service shall be from service lines currently installed adjacent to the property. 12. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 13. All signage shall be in accordance with the standards set forth in this report and Section 11- 14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 14. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. IS. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog ofStonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 16. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oftime not to exceed 24 hours for all stonns up to and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 20 including a 1 DO-year storm event. 17. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. POLICE DEPARTMENT 1. The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height around the drive through and ATM. Please coordinate the planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance. 2. Passive lighting should be used to ensure that all public areas are well-lit and visible during evening hours. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for a Certificate of Occupancy (CZC). Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shan have the curb painted red 10' to each side of the hydrant Location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the Building Code for one and two story construction. 6. Fire lanes and streets shall have a vertical clearance of 13'6", This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 7. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUPOI-037/MAZOI-0l8 (El Dorado Business Campus). C. Adopt the Recommendations of Central District Health Department as follows: 1. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 2. Central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the action of the City Council taken at their April 6, 2004 meeting as follows: 1. Pertaining to the Five (5) Special Considerations in the Staff Report dated Transmittal Date: February 26, 2004, Hearing Date: March 4, 2004, the applicant and the Planning and Zoning Department have resolved all 5 issues. 13. It is found that the subject property, as depicted, is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. It is noted that the site is about 60 feet smaller than the platted lot lines of Bonito Subdivision and sits on a portion of Lot 9, Block 5. A lot line adjustment is in process with the City and must be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 20 recorded prior to issuance of a Certificate of Zoning Compliance. Parking stalls are required at the rate of one space per 200 s.f. of gross floor area. The phase 1 temporary facility (1,217 s.f.) requires 6 parking spaces; 13 spaces are proposed-more than double the required number. The phase 2 permanent facility (4,765 s.f.) requires 24 parking spaces; 46 spaces are proposed-nearly double the number required. Under each phase the project will have ample parking. 14. It is found that the Comprehensive Plan Land Use Map designates the property as "Mixed Use-Regional" and it is currently zoned C-C. Mixed Use-Regional allows for banks and drive-through facilities (see Comprehensive Plan, p. 98). Ordinance 11-8-1, Schedule of Use Control, allows for drive-in establishments through the conditional use process in the C-C zone. The Development Agreement for the subdivision also allows for drive-through projects through the conditional use process. It is found that the requested uses are in compliance with the approved Future Land Use Map and that if approved as a CUP the project will be in compliance with the MCC. 15. The abutting properties to the south and west are part ofEI Dorado Business Campus and are intended for development of a similar nature. Properties across Eagle Road to the east are in Silverstone and are also being developed in a similar fashion. The existing rural residence across Overland Road from the project will experience a change from existing conditions; however, the Comprehensive Plan shows that the future intended land use of the area is also Mixed Use- Regional. Therefore, it is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The decision to change the character of the area was already made with the approval of EI Dorado Business Campus and Bonito Subdivision. 16. The adj oining properties to the west and south are owned by the same property owner FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 20 that has consented to submittal of this application. Therefore, it is not anticipated that the proposed use will adversely affect adjacent properties. 17. The project has vehicular access from Overland Road via a previously approved curb cut for Bonito Subdivision. The Police Department has commented that the shrubs along the edge of the drive through must be low to allow clear visibility for patrol cars; the applicant has agreed to coordinate with the Police Chief to ensure that their visibility needs are met. ACHD approved the proposed project with no new conditions, except to comply with the conditions already placed on the subdivision. Water and sanitary sewer service to the project is readily available to the site via mains installed as part of the subdivision improvements. 18. The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. No new trip generation estimates were provided by ACHD, since estimates for the entire subdivision were approved previously when it was subdivided. According to Kendall Kemmer at ACHD, "since they are part of a larger development the actual new daily trips will most likely be reduced as larger developments such as Bonito [Subdivision] will experience the phenomenon of trip capture. The people who work within larger developments are more likely to use things such as banks and restaurants within the development as opposed to going outside which reduces the number of new trips actually being made to the uses within the development." The approved subdivision plans anticipate up to 8,262 additional vehicle trips per day for the entire EI Dorado Business FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 20 campus; the proposed project is only a fraction of the pre-approved ultimate traffic volume. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. 20. All vehicular approaches were previously approved with Bonito Subdivision. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. Refer to ACHD comments for additional detail on this issue. ACHD will not prepare a separate site-specific report for the proposed project and instead have simply required the project to comply with conditions of approval already placed on the subdivision as a whole. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use permit. There have been no identified natural or scenic features on the site. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 20 under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the site is large enough to acconunodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the conununity; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the C-C zone, a public hearing shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 20 be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 20 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a bank with a drive-thru window in a C-C zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL PLANNING & ZONING (P&Z) I PUBLIC WORKS I. This Conditional Use Permit shall be subject to all applicable conditions of approval from the El Dorado Business Campus (AZ-OI-018, CUP-OI-037, PP-OI-020) and Bonito Subdivision (FP-03-010). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan; prior to issuance of a Certificate of Zoning Compliance (CZC). 3. The temporary bank facility shall be removed from the site within 18 months of approval of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 this Conditional Use Permit. All remaining site improvements shall be installed within 3 months of receiving occupancy of the permanent building. Only temporary occupancy will be allowed until all required improvements are complete and inspected. A letter of credit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy of the permanent building. 4. The following modifications to the site plan are required: · The 4~foot walk shall be increased to be 7 feet wide to allow for a 2-foot vehicle overhang and a 5- foot clear walking surface. Since this is a temporary walkway, it may be constructed of asphalt or other handicap-accessible surface. · The proposed parking layout shall be modified to create a van-accessible handicap parking space out of two standard spaces. · The temporary walkway surface shall be removed and replaced with landscaping, instead of retained and extended as currently depicted. Note: If a permanent walkway surface, such as concrete is used, it may be extended as shown. 5. The following additions to the landscape plan are required: · Add a tree to the planter island at the northwest comer of the parking area. · Coordinate plant selection in the planter along the drive-through to meet the visibility requirements of the Police Department. 6. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded access easement that crosses the common lot, as depicted on the approved plans. 7. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.8. 8. All parking stalls, drive aisles and drive-thru lanes shall be constructed per the dimensions depicted on the submitted site plans and MCC. 9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 10. The project shall provide a cross-access stub to the south, as depicted on the site plan. 11. Sanitary sewer and water service shall be from service lines currently installed adjacent to the property. 12. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 20 properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 13. All signage shall be in accordance with the standards set forth in this report and Section 11- 14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 14. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 15. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 16. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and including a I DO-year storm event. 17. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and inigation). A bid must accompany any request for temporary occupancy. POLICE DEPARTMENT 1. The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height around the drive through and ATM. Please coordinate the planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance. 2. Passive lighting should be used to ensure that all public areas are well-lit and visible during evening hours. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 20 2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for a Certificate of Occupancy (CZC). Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 1'2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the Building Code for one and two story construction. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUPOI-037/MAZOI-018 (El Dorado Business Campus). C. Adopt the Recommendations of Central District Health Deparhnent as follows: 1. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 20 2. Central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the action of the City Council taken at their April 6, 2004 meeting as follows: ]. Pertaining to the Five (5) Special Considerations in the Staff Report dated Transmittal Date: February 26,2004, Hearing Date: March 4,2004, the applicant and the PlaIllling and Zoning Department have resolved all 5 issues. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction ofpermanent footings or structures on or in the ground. In this context FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF20 "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. lfthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Iudicial Review may be filed. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 20 interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~/ L'l.f"h ?-l/ - day of ~/?- , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNClLMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: cr--2~--04- VOTED -- MOTION: V APPROVED:~ DISAPPROVED: & 2 ,<?l 0 .:::- ~ "'0 Sr 1$\ . ~.f '/ ':.9 h- " ............ ~T C ~~. \'::- ..../// Oln.,lT'f. \\\\\ lIt .." \\ 1/ t; f ~ ; ,\ 1\ \ \ \ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 20 ,,,,,, """"" ----:~~ ) \\\':,\ Of MERl;:'III/....Mayor am. Weerd \\\ ~"'\ VL.1 // ,f () ~OD. -71,-"'~ ~ .~CP ''''''~ ~ g ~ 0 ~ - - - - - - - - - - Attest: William G. Berg, Jr., City ler FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/06/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A BANK WITH ) A DRIVE- THRU IN A C-C ZONE, ) LOCATED ON THE SOUTHWEST ) CORNER OF E. OVERLAND ROAD ) AND S. EAGLE ROAD IN EL ) DORADO BUSINESS CAMPUS, ) MERIDIAN, IDAHO ) ) CSHQA, ) APPLICANT ) ) Case No. CUP-04-002 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on April 6, 2004, under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a bank with a drive-thru window in a C-C zone, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL ORDER CONDITIONAL USE PERMIT (CUP-04-002) PAGE 1 OF7 PLANNING & ZONING (P&Z) / PUBLIC WORKS 1. This Conditional Use Permit shall be subject to all applicable conditions of approval from the EI Dorado Business Campus (AZ-OI-0l8, CUP-OI-037, PP-OI-020) and Bonito Subdivision (FP-03-01O). 2. The existing lot lines shall be modified through the lot line adjustment process and recorded, providing a legal lot to the applicant in the shape shown on the site plan, prior to issuance of a Certificate of Zoning Compliance (CZC). 3. The temporary bank facility shall be removed from the site within 18 months of approval of this Conditional Use Permit. All remaining site improvements shall be installed within 3 months of receiving occupancy of the permanent building. Only temporary occupancy will be allowed until all required improvements are complete and inspected. A letter of credit or cash bond (110%) for all outstanding improvements must accompany any request for temporary occupancy of the permanent building. 4. The following modifications to the site plan are required: · The 4-foot walk shall be increased to be 7 feet wide to allow for a 2-foot vehicle overhang and a 5-foot clear walking surface. Since this is a temporary walkway, it may be constructed of asphalt or other handicap-accessible surface. · The proposed parking layout shall be modified to create a van-accessible handicap parking space out of two standard spaces. · The temporary walkway surface shall be removed and replaced with landscaping, instead of retained and extended as currently depicted. Note: If a permanent walkway surface, such as concrete is used, it may be extended as shown. 5. The following additions to the landscape plan are required: · Add a tree to the planter island at the northwest comer of the parking area. · Coordinate plant selection in the planter along the drive-through to meet the visibility requirements of the Police Department. 6. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded access easement that crosses the common lot, as depicted on the approved plans. 7. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 8. All parking stalls, drive aisles and drive-thru lanes shall be constructed per the dimensions depicted on the submitted site plans and MCC. ORDER CONDITIONAL USE PERMIT (CUP-04-002) PAGE 2 OF7 9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 10. The project shall provide a cross-access stub to the south, as depicted on the site plan. 11. Sanitary sewer and water service shall be from service lines currently installed adjacent to the property. 12. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 13. All signage shall be in accordance with the standards set forth in this report and Section 11- 14 of the Ci ty Zoning and Development Ordinance. All signage is subj ect to review and shall require separate permits. 14. All construction and site improvements shall conform to the requirements oftheAmericans with Disabilities Act and the adopted building and fire codes. 15. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 16. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and including a 100-year storm event. 17. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. ORDER CONDITIONAL USE PERMIT (CUP-04-002) PAGE 3 OF7 POLICE DEPARTMENT 1. The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height around the drive through and ATM. Please coordinate the planting with Chief Musser prior to submitting for a Certificate of Zoning Compliance. 2. Passive lighting should be used to ensure that all public areas are well-lit and visible during evening hours. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Coordinate fire hydrant locations with the Fire Marshall, Joe Silva, prior to submitting for a Certificate of Occupancy (CZC). Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the Building Code for one and two story construction. 6. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient ORDER CONDITIONAL USE PERMIT (CUP-04-002) PAGE40F7 response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MCUPOI-037/MAZOI-018 (EI Dorado Business Campus). C. Adopt the Recommendations of Central District Health Department as follows: 1. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 2. Central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. D. Adopt the action of the City Council taken at their April 6, 2004 meeting as follows: 1. Pertaining to the Five (5) Special Considerations in the Staff Report dated Transmittal Date: February 26,2004, Hearing Date: March 4, 2004, the applicant and the Planning and Zoning Department have resolved all 5 issues. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-04-002) PAGES OF7 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) ORDER CONDITIONAL USE PERMIT (CUP-04-002) PAGE 6 OF7 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. '2o.f!::- day of By action of the City Council at its regular meeting held on the 17-;w-J-'-z, ,2004. Attest ~ - "" '" ORDER CONDITIONAL USE PERMIT (CUP-04-002) PAGE 7 OF 7 April 15, 2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT April 20, 2004 ITEM NO. 5- M REQUEST Resolution - Terminating Agent of Record designation for the City of Meridian 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 affached b(30 [XI 8 ~~ ([f\r'1 Contacted: Emalled: Date: Staff Initials: Phone: Materials presented at publfc meetings shall become property of the City of Meridian. RE MAR 1 7 2004 Interoffice Memorandum City Of I\1ericlian City Clerk Offiee To: William G. Berg, Jr. (originals) Cc: Mayor Tammy de Weerd (via email) From: William F. Nichols RE: Resolution and Certificate of Clerk for Terminating Agent of Record Date: March 17,2004 Please find attached the Resolution and Certificate of Clerk for terminating agent of record designation for the City of Meridian. This Resolution is now ready to be presented to the Mayor and City Council. If you have any questions please advise. Z:\ Work\M\Meridian\Meridian 15360M\Resolutions City Ha]]\2004\Berg Memo for Res Cert Clk for terminating agent of record 03 17 04.doc RESOLUTION NO. 04- 1JrJ BY: /Lellh-lJi't--cl-- A RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR THE TERMINATION OF THE AGENT OF RECORD DESIGNATION FOR THE CITY OF MERIDIAN. WHEREAS, Mayor Robert D. Corrie, on December 27,2001 designated Ron Torres as Agent of Record for the City of Meridian for the employee benefits insurance; and WHEREAS, Mayor Tammy de Weerd and the City Council have deemed it expedient and in the best interests ofthe City of Meridian to terminate the appointment of Ron Torres as Agent of Record for the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: 1. The designation of Ron Torres as Agent of Record for the City of Meridian for employee benefits insurance is terminated effective with the date of this Resolution. 20~ p ASS~. BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , i L , 2004. . "'7,,-f!;; APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this?t/ day of /!i)g I'll , 2004. ~~-~. ~ ATTEST: f':) :: William G. Berg, Jr., City' lerl{ %. ~/.... ,OJo 0 i ~..,o ~a'r 1S"I:. ~ ~ Z:\Work\M\Meridian\Meridian 15360M\Reso1utions City if:w.>%~nrtirg.~~.Fo'f~ecord Resolution 03 17 04.doc 11I1 \\\ "U/!lii \11\\\\ Resolution Terminating Agenda of Record Page 1 of 1 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this Ci~, I am the custodian of its records and minutes and do hereby certify that on the .2t:>t'l- day of ~'- ,2004, the following action has been taken and authorized. A RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR THE TERMINATION OF THE AGENT OF RECORD DESIGNATION FOR THE CITY OF MERIDIAN. WHEREAS, Mayor Robert D. Corrie, on December 27,2001 designated Ron Torres as Agent of Record for the City of Meridian for the employee benefits insurance; and WHEREAS, Mayor Tammy de Weerd and the City Council have deemed it expedient and in the best interests of the City of Meridian to terminate the appointment of Ron Torres as Agent of Record for the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: 1. The designation of Ron Torres as Agent of Record for the City of Meri~\OOill1fQr'J employee benefits insurance is terminated effective with the date of this Resolution. ,,\,\\~~\\or MEIT;;"",,," " ~, VL,., "" ~' 0- :i\PoR..1 -1~ 'l~ ~ .......cP ~ ~ ~ 0 ~ S ." P.> TATE OF IDAHO, ) c" 0)0:::: -- - Q/. '\ 0:::: : ss: ~ TO v,sr- 15\ ' ..:f- $ ~ """1 ~ ~ County of Ada, ) //"'/11 CbU~!T'{ . ~,\,,\'\.:c-' On this # day of Apr; I , in the year 2004, before me a Nota~ Pub~i~, \\\\\\\'\ appeared WILLIAM G. BERG, JR., mown or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and aclmowledged to me that he executed the same on behalf of the City ofMeriaitw.. r......." ...... ~....~~ :\CE L. 8A~"# ~ .-"........ <7 ~ " ~ "',.. ... ~.;. ~ (SEAL) !.J' ~OTJl .... ~ '\ No ryP he forIdaho .1 / i * ; ~.r \ a Co i ion Expires: ~t.j/;WI 1)7 Z:\Work\M\Meridian't1eridl1n 153~OlU7" 0 s 1ti~Hall\2004'Ce Cl erminating Agent of Recoii 03 (7 04.da: .. \.!J - ; .".. {JBL\C $ ... "',;.. . ;: ~*' '. .. 0 N ...... "1 ~ ........ ():. ~.:> ........ll OF H> ~ ~........... .............." April 15, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 20, 2004 ITEM NO. 5 _ tJ REQUEST Release of Agreement for Sewer / Water Assessment for the Seventh Day Adventist Church AGENCY COMMENTS CITY CLERK: See attached 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: MERIDJAN 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: ~? WI Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetIngs shall become property of the City of MeridIan. April 15, 2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT April 20, 2004 ITEM NO. 5- 0 REQUEST Pressure Reducing Vaults (PRV's) and Victory Road Water Line 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 affached ..~ ~ 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. (~E(JEI'lED APR 15 2004 City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 4/15/2004 Re: Proposed Agenda Items for April 20, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the April 20 City Council consent agenda: Pressure Reducina Vaults (PRV's) and Victory Road Water Line Attached is a contract with Civil Survey for design and easement acquisition for three PRV's in Meridians south~east area. The PRV's will create a third pressure zone, which is required to compensate for the higher elevation in this area. Initially, four wells will pump into this zone: Well 14, Well 17, Well 23 and Well 25. Ultimately, Well 22 will be diverted to this zone. The PRV's will elevate the water pressure in problem areas such as Observation Point and South Meridian Greens. Additionally, the PRV's will be designed to dump water to the lower areas in upset conditions such as a fire. Attached is a plot of the location of the three PRV's. Also in the contract is design and document preparation of a small section of 12-inch water line on Victory Road. The contract is for T&M not to exceed $12,150 Recommended Council Action: The Public Works Department recommends that City Council approve the Contract for $12,150 with Civil Survey for design of three PRV's and 12"water line 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. Walertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (Z08) 898-9551 gradyl@meridiancity.org Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 10 1 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, P.E. Vice President April 15, 2004 Len Grady City of Meridian 660 E. Watertower Meridian, JD 83642 Re: Pressure Reducing Stations and Victory Road Water Main Dear Len: Thank you for considering Civil Survey Consultants to provide professional services for your pressure reducing station project. The following is our understanding of the scope of services to be provided: A new pressure reducing station will be installed on Touchmark Way at Franklin Road, on Eagle Road at Franklin Road, and on SE 5th Way between Tabago Court and Amalie Court. A 12-inch water main will also be extended on Victory Road fi:om Ten Mile Creek to Locust Grove Road. For the three pressure reducing stations, Civil Survey Consultants will perform field surveys as necessary for the design, and will prepare one set of plans and specifications for the City's use in bidding and constructing the project. The plans and specifications will be submitted to the City of Meridian, Ada County Highway District, Idaho Transportation Department, Idaho Department of Environmental Quality, and local utility companies for review and approval prior to construction. Civil Survey Consultants will answer questions prior to the bid opening and attend the bid opening. The existing water main on Eagle Road is approximately 17-feet off the edge of pavement. The pressure reducing station is proposed to be constructed in the gravel shoulder area between the water main and the edge of pavement. The Idaho Transportation Department requires a "Right-of-Way Encroachment Application and Permit for Utilities" to be completed for work within Eagle Road. Civil Survey Consultants will prepare the application for submittal by the City of Meridian. No field survey will be performed for the design of the pressure reducing station on Eagle Road. Civil Survey Consultants will use the topographic survey they performed for the Ada County Highway District's improvements to Franklin Road. The proposed Victory Road water main extension begins on the east side of Ten Mile Creek and extends east to Locust Grove Road. A new pipeline will connect to an existing 12" gate valve at Ten Mile Creek. The new pipeline will be laid along the north side of Victory Road extending to an existing gate valve at Locust Grove Road. Grady April 15, 2004 Sheet 2 of 2 Civil Survey Consultants will update the original Victory Road water main extension plans to include this segment. This work was previously approved by all of the reviewing agencies and deleted from the original Victory Road project. It will not be resubmitted for new approval. Formal bidding documents will not be prepared. A bid schedule will be provided for Meridian's use in soliciting bids. Civil Survey Consultants will assist the City in soliciting bids. Civil Survey Consultants will provide construction services for both projects under this scope of services. Construction services will include one set of construction stakes, random field inspections, preparation of change orders if necessary and preparation of record drawings. Full time construction observation is not included in this scope of services. The City of Meridian will provide all available information, arrange for utilities to be marked for plan preparation, perform plan reviews, conduct the bid opening, prepare and execute all construction contract documents, and provide construction administration including full time construction observation. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of$12,150 without prior approval of the City of Meridian. If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Sincerely, Civil Survey Consultants, Inc. ~/~ Corey Peacock, E.LT. CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this _day of , 20_ The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct a pressure reducing station on Touchmark Way, Eagle Road, and SE 5th Way, and to extend a l2-inch water main on Victory Road ii-om Ten Mile Creek to Locust Grove Road, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expand ability needs, any'budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT wiIl also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated April 15, 2004. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated April 15, 2004. Notice to Proceed, either verbal or written, shaH constitute acceptance of this Agreement by the CLIENT. THE TERt\1S AND CONDITIONS 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. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Civil Survey Consultants, Inc. 100 South Adkins Way, Suite 101 Meridian, Id, BY: NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: BY: CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSc. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to 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(s) furnishing and performing their work Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC 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 professionals providing soils testing or geoteclmical advice. Resetting of survey and/or construction stakes shall constitute 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 - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services fmuished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated othelwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSc. The CLIENT agrees that no product will be reused without specific written permission oECSe. The CLIENT agrees to indemnify and hold cse harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all 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 esc, and all duties and responsibilities undertaken pursuant to this Agreement will be for tlle sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC 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 esc for services and expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due esc will be increased at the rate of 1.5% per mOllth from said tenth day, and in addition, esc may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until esc has been paid in full all amounts due for services, expenses and charges. TERMINA nON - The obligation to provide fUliher services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of petformance by the other party under the terms and conditions oftl1is Agreement when said substantial lack of performance is tlrrough no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste ancIJor asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or tenuination of services. ese and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for esc to take immediate measures to protect human health and safety, ancIJor the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encolmtered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of esC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate cse for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold cse harmless fi.om any claim or liability for injury or loss arising from esC's encountering llilanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by cse in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value oftime spent and the expenses incurred shall, on esc's . pmt, be computed based upon esC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vi ce President Civil Survey Consultants, Inc. roo South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fa.x 888-0323 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER r, 2002 Labor: Project Manager Chief of Surveys Project Engineer Design Engineer Design/Survey Teclmician 1 Design/Survey Technician 2 Direct Expenses: GPS Vehicle 2-Wheel Drive Vehicle 4-Wheel Drive Outside Printing Long Distance Telephone Sub-Consultants - $ 90.00 per hour - $ 90.00 per hOUT - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 55.00 per hour - $ 40.00 per hOUT - $ No Charge - $ No Charge - $ Cost - $ Cost - $ Cost Civil Survey Consultants Man-hour Estimate City of Meridian Touchmark Way PRV Task Description Project Chief Project Design Technician I Tech nician I GPS Total Manaaer of Surveys EnQineer EnQineer 1. Coordination and Meetings 1 1 2 2. Desian Surveys 4 4 4 3. Cover Sheet (1) 1 1 4. Standard Detail Sheet (1) 1 1 5. Plan Sheets (1) 1 12 13 6. PRV Detail Sheet (1) 1 1 7. Contract Documents 4 4 8. Bid Schedule & Estimate 1 1 2 9. Utility Coordination 1 1 10. ACHD Coordination 1 1 11. Review and Aooroval 1 1 3 5 12. Construction 1 3 2 5 2 11 Total Man-Hours 3 0 13 0 6 24 6 46 Class ification Hours Rate Total Proiect Manaoer 3.00 $90.00 ::: 5270.00 Chief of Survevs 0.00 $90.00 = $0.00 Project Enaineer 13.00 $70.00 - $910.00 DesiQn Enaineer 0.00 $65.00 - $0.00 Technician I 6.00 $60.00 ::: $360.00 Technician" 24.00 $55.00 ::: $1.320.00 labor Subtotal 46.00 $2,860.00 Classification Hrs/MiJes Rate Total Misc. Printina $50.00 GPS 6.00 @ $40.00 - 5240.00 Direct Subtotal $290.00 Total Design Fees $3,150.00 wo 4/15/2004 Civil Survey Consultants Man-hour Estimate City of Meridian SE 5th WAY PRY Task Description Project Chief Project Design Technician I Technician I GPS Total Manaqer of Surveys Enqineer Enqineer 1. Coordination and Meetinos 0 2. Desion Surveys 4 4 4 3. Cover Sheet (1) 0 4. Standard Detail Sheet (1) . . . 0 5. Plan Sheets (1) 1 12 13 6. PRY Detail Sheet (1) 1 1 7. Contract Documents 4 4 8. Bid Schedule & Estimate 1 1 2 9. Utility Coordination 1 1 10. ACHD Coordination 1 1 11. Review and AODroval 1 1 3 5 12. Construction 1 3 2 5 2 11 Total Man-Hours 2 0 12 0 6 22 6 42 Classification Hours Rate Total Project Manaqer 2.00 $90.00 = $180.00 Ch ief of Surveys 0.00 $90.00 - $0.00 Proiect Enqineer 12.00 $70.00 - $840.00 Design Enqineer 0.00 $65.00 = $0.00 T echnicia n I 6.00 I $60.00 - $360.00 Technician JJ 22.00 ~ $55.00 - $1,210.00 labor Subtotal 42.00 $2,590.00 Classification Hrs/Miles Rate Total Misc. Printino $50.00 GPS 6.00 @ $40.00 - $240.00 Direct Subtotal $290.00 Total Design Fees $2,880.00 wo 4/15/2004 Civil Survey Consultants Man-hour Estimate City of Meridian Eagle Road PRV Task Description Project Chief Project Design Technician I Technician r GPS Total Manager of Survevs Enqineer Enqineer 1. Coordination and MeetinQs 0 2. Desian Surveys 0 3. Cover Sheet (1) 0 4. Standard Detail Sheet (1) 0 5. Plan Sheets (1) 3 12 15 6. PRV Detail Sheet (1) 1 1 7. Contract Documents . 4 4 8. Bid Schedule & Estimate 1 1 2 9. ITD Permit 8 8 10. Utility Coordination 1 1 11. ACHD Coord ination 1 1 12. Review and Approval 1 1 3 5 13. Construction 1 3 2 5 2 11 Total Man-Hours 2 0 22 0 2 22 2 48 Classification Hours Rate Total Proiect Manaoer 2.00 $90.00 - $180.00 Chief of Surveys 0.00 $90.00 - $0.00 Proiect Enoineer 22.00 $70.00 = $1,540.00 Desion Enoineer 0.00 $65.00 ::: $0.00 Technician I 2.00 $60.00 - $120.00 Technician II 22.00 $55.00 ::: $1,210.00 Labor Subtotal 48.00 $3,050.00 Classification HrsJMiles Rate Total Misc. Printino $50.00 GPS 2.00 (ci) $40.00 = $80.00 Direct Subtotal $130.00 Total Design Fees $3,180.00 wo 4/15/2004 I \ Civil Survey Consultants Man-hour Estimate City of Meridian Victory Road Water Main Task Description Project Chief Project Design Technician J Technician I GPS Total Manaoer of Surveys Enqineer Enaineer 1. Coordination and Meetinqs 1 1 2 2. Cover Sheet(1) 1 1 3. Standard Detail Sheet {1 \ 1 1 4. Plan Sheets {1\ 1 a 9 5. Bid Schedule & Estimate 1 2 3 6. Utility Coordination 0 7. ACHD Coordination 4 4 8. Review and Approval 0 9. Construction 1 4 4 16 4 25 Total Man-Hours 2 0 11 0 4 28 4 45 Classification Hours Rate Total Proieet Manaqer 2.00 $90.00 - $180.00 Chief of Surveys 0.00 $90.00 - $0.00 Proieet Enaineer 11.00 $70.00 = $770.00 DesiQn Enqineer 0.00 $65.00 = $0.00 T echnJcian I 4.00 $60.00 '" $240.00 Technician II 28.00 $55.00 = $1,540.00 Labor Subtotal 45.00 $2,730.00 Classification Hrs/Miles Rate Total Misc. Printinq $50.00 GPS 4.00 @ $40.00 ::: $160.00 Direct Subtotal $210.00 Tptal Design Fees $2,940.00 wo 4/15/2004 April 15, 2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT April 20,2004 ITEM NO. 5- P REQUEST Centrate Equiliation Tank Design Project 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: SEfTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached / 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. 1 3 2004 Memo City Of Meridian Fi'o.V "1 1 Offi \At,y'l,.; er(. . co To: William Berg, Jr.; Tara Green From: Clint Dolsby CC: Brad Watson; Gary Smith Date: 4/13/2004 Re: Proposed Agenda Item for April 20, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 20 City Council agenda, under Consent Agenda, for Council's consideration: Centrale Equalization Tank Desion Proiect. Carollo Engineers has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $74,000. This is an extension of the agreement between the City of Meridian and Carollo Engineers dated the 23rd of July, 2002 for the Wastewater Treatment Plant Facility Plan Update Project. This project consists of engineering services for the preliminary and detailed design of an equalization tank to retain and reduce the ammonia concentration in centrate retum flow drained to the headworks. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Centrale Equalization Tank Design Project with Carollo Engineers for $74JooO and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 April 15, 2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT April 20, 2004 ITEM NO. S- G? REQUEST Approve Beer. Wine, and Liquor License Renewals AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: / Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 1 5, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 20, 2004 6,R. ITEM NO. REQUEST Agreement for Hookup to the City of Meridian's sewer system, outside the City Limits for Goldcreek Developers, LLC (James Jewett) for Westborough Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~? 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. APR 1 [1 2004 Memo City Of J\lericlian City Clerk Office To: Mayor de Weerd & City Council From: Karie Glenn cc: File, Gary Smith, PE, Brad Watson, PE, City Clerk Date: 4/12/2004 Re: Proposed Agenda Items for 4/20/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 4/20/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Agreement for Hookup to the City of Meridian's sewer system, outside the City Limits for Goldcreek Developers, LLC (James Jewett) for Westborough Subdivision. Recommended Council Action: Approve the Agreement for Hookup to the City of Meridian's sewer system, outside the City Limits for Goldcreek Developers, LLC (James Jewett) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 AGREE:MENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS THIS AGREEMENT is made and entered into this f{I!!- day of 4fJI{rl , 2004, by and between CITY OF MERIDIAN, a Municipal corporation of the State ofIdaho, hereinafter referred to as "CITY", and GOLDCREEK DEVELOPERS, LLC, and STETSON LP, as hereinafter defined, and hereinafter referred to as "SEWER USER" . 1. RECITALS: 1.1 WHEREAS, Goldcreek Developers LLC, and Stetson LP are the owners, in law and/or in equity of certain tract of land in the County of Ada, State ofIdaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code S50-323, provides and empowers cities to establish, create, develop, maintain and operate sewer systems; and 1.3 WHEREAS, "City" operates and maintains and develops a sewer system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its sewer. system codified in Meridian City Code 9 9-4-26; and 1.5 WHEREAS, Goldcreek Developers LLC, and Stetson LP are the owners of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer User" is desirous of obtaining connection to the sewer to serve the "Real Property" and the "City" is willing to allow that connection to the sewer service to the "Sewer User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City' s" ~llingness to enter into this agreemt:?nt that the "City's" "Ordinance" and "PolicyJRegulationr;;" which govern its sewer system be included as terms and conditions of this agreement and that the "Sewer User" provide perpetual consent to annexation of the "Real Property" in to the "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY L.ll\1.ITS GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 1 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defmed and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer User": means and shall refer to Goldcreek Developers, LLC and Stetson LP, and/or the person who is the developer of the real property. 2.3 "Real Property": means and shall refer to certain parcel( s) of real property located in the COlUlty of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its sewer system presently codified at Chapter 4 of Title 9 of Mericlian City Code, and this defInition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its sewer system. 2.6 "Sewer System": means and shall refer to the City's sewer system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER HOOKUP SERVICE: The developer proposes to install a private pressurized sewage collection system with individual lot grinder prunps to prunp the sewage to the sewer main that the City installed in North Locust Grove Road. To improve the flow, the developer is proposing to tie the upstream end of these services into a concrete junction structure with temporary plugs into the gravity AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SE\VER SYSlEM OUTSIDE THE CITY LIMITS GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 2 service line until they can be connected to the future sewer main scheduled for Jericho Road. For the time being, waste water would flow from the house into the junction structure and exit down a secondary gravity line which would then drain to an adjacent wet-well structure with a grinder pump. The waste water would then be forced through pressure sewer main running down the back of the residential lots. This pressure main would manifold waste water from the five residential lots drain into the sanitary sewer main located in Locust Grove Road. The "City" agrees to allow a connection to the "Sewer System" to service the "Real Property" subject to the terms and conditions of this Agreement, which is conditioned upon the following: 1. The "Sewer User" shall be responsible for constructing the sewer service extensions from each residential home to Jericho Road, which shall tie into the future extension of a sewer line to this area. 2. The "Sewer User" offers, to the City of Meridian, a well site upon the property at a fair market value, to be determined by an appraiser, less a donation to the City by Goldcreek Developers, LLC, so that the net cost to the City will be $20,000.00. 3. The "Sewer User" shall enter into a Water and Sewer Service Agreement with the City of Meridian for the 5-acre future commercial lot, located in the northwest area of the property, and shall additionally work out the details of the Agreement with the Public Works Department. Additionally until gravity sewer service is available, the 5-acre future comrnerciallot shall be allowed to build only uses which are presently allowed in the current Ada County Zoning. 4. The "Sewer User" shall provide a Consent to Annexation Agreement for each of the five residential building lots of West borough Subdivision. The Consent Agreement shall inform any potential buyer of a residential building lot that when the subdivision becomes contiguous to the City of Meridian city limits, and the City extends its sanitary sewer and domestic water to the property, that the five residential building lots will be annexed into the City of Meridian. 5. The "Sewer User" shall be required to supply an R.E. 22 Purchase & Sales Agreement For Pre-Sold New Construction form and an RE-25 Seller's Property Disclosure Form whenever a residential building lot is sold to inform the prospective buyer that the lot will have to be annexed into the City of Meridian when the City becomes contiguous to, and, when the City extends its sewer and water service to the property. Additionally, if the building lot is sold without a licensed realtor, then and in that case, the Consent To Annexation Agreement, which would have been recorded AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 3 against the property, would then tie the property into annexation into the City of Meridian, and to connect to the sewer and water service when it becomes available. 6. Westborough shall submit engineering plans for the pressure sewer . discharge into the public sewer main. 7. Westborough shall pay a sewer assessment fee for each of the five residential lots and the five acre commercial lot prior to Ada County issuing a building permit for each lot. Westborough shall also execute Non-Build and Non-Occupancy Agreements, similar to those agreements executed for the Vienna Woods Subdivision. 8. Westborough shall deposit with the City of Meridian, $7605.00 as its 50% of the estimated cost for constructing an eight-inch diameter sewer main, with manholes, and service lines to each of their five lots, from the south end of Jericho Road to a point approximately 860 feet north. Westborough shall provide the construction cost estimate to the Public Warks Department for review and approval. This deposit shall be submitted to Public Works prior to release of the Non-Build Agreement. 9. Westborough shall submit a statement to the City as to how the private sewage collection and pumping system shall be operated and maintained. It is important that future residents of these lots know someone other than the City is responsible for their system maintenance even though they will be receiving a monthly billing from the City for sewer service. 10. Westborough shall submit evidence of approval of this pressurized sewage collection and pumping system from the appropriate agency having jurisdiction. 11. The water connection shall be required when the water line has been extended to the property. 12. Future Water Connection: Upon transfer oftbis property to any other person, or upon change in use of the real property, the owner, their successors or assigns, shall at their expense make connection to the City water system and pay all fees associated therewith. Failure to make the water connection will be grounds for discontinuance of City sewer service. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS GOLDCREEKDEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 4 5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE HOOKUP OF THE SEWER LINE TO THE REAL PROPERTY: - The physical hookup and assessment costs relative to the "Sewer System" connection shall be the responsibility of the "Sewer User", pertaining to the future permanent hookup. 6. ORDINANCE APPLICATION: The "Ordinance" and "PolicylRegulations" apply to the sewer service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "PolicyIRegulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: The "Sewer Usertt is required to immediately submit an application for annexation of the "Real Propertytt, which is a condition precedent to the nSewer User'stt eligibility for the "Real Propertyll sewer service connection fee within the City limit rates. The "Sewer User" herein gives irrevocable consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.e. S 50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "PolicylRegulations" as are applicable for real properties outside of the city limits. 9. REQmREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer User" cost, and submit proof of such recording to "Sewer User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. RElVIEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LTh1ITS GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 5 by either "City" or "Sewer User", 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. In addition, remedies available to the City include but are not limited to, termination of sewer service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting party shall then have thirty (30) days after delivery of notice of default to correct the same before the non-defaulting party may seek any remedy provided for herein. ' 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer User" 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. 12. NOTICES: 12.1 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: c/o Meridian City Engineer City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: Goldcreek Developers, LLC Stetson Properties, LP 6223 N. Discovery Way Boise, Idaho 83713 with copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 Goldcreek Developers, LLC James L. Jewett 6223 N. Discovery Way Boise, Idaho 83713 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMlTS GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 6 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in 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. 14. 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. 15. 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 "City's" corporate authorities and their successors in office.. This Agreement shall be binding on the owner of the property, each subsequent owner and each 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 benefited and bound by the conditions and restrictions herein expressed. 16. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer User" 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 "Sewer User" and "City", other than as are stated herein. Except Cis 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", a duly adopted resolution of "City". 18. EFFECTNE DATE: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY Lllv1lTS GOLDCREEK DEVELOPERS, LLC (JAMES 1. JEWETT) I PAGE 7 This Agreement shall be effective at such time as both parties have executed this Agreement. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. PROPERTY OWNER ~~~~-- Stetson Properties LP by; Eck Properties LLC by; Tim W Eck, Member Divi e Development Inc., Member Robert R Bass, President CITY OF MERIDIAN MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK BY RESOLUTION NO. AGREEMENT FOR HOOKUP TO THE CITY OF :MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) / PAGE 8 . On this f<}f"-- day of {J/Jr;j , in the year 2004, before me, a Notary Public, personally appeared Robert R Bass President, Dividend Development Inc., known or identified to me to be the person who executed the instrument on behalf of said Goldcreek Developers, LLC, and acknowledged to me that he executed the same. IN VlITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day ~d"?,OOI. lTI this certificate first above written. .."" 1;".... ...... C Y W I ~~# ........ S'\ 1:'- .......e.f/(' ##,0.. ~ ..- &GJ +- ~ ~.- ~. ~ :: I ~ 0 T A~ t. ". ':. :. r ~ -: . .... . . - : III( . ~.___ II- * : . , . ~ (SE~ \ J>ClBL \(, l g . cP. e. o. ~ ~ '.,)> .. .f> 0 ~ ~ '11' ......... ~ ...... "" 1: 0 F 1\) ~ .......... . '...... ",.... My COID1l11sslOji'E~plres: STATE OF IDAHO, ) : ss. County of Ada ) On this day of , in the year 2004, before me, a Notary Public, personally appeared T.AMIv1Y de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN VlITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: Z:\Work\M\Meridian\Meridian 15360M\Westborough Sub Sewer Hookup Outside City Lirnits\SewerHookupAgmt.doc AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LllvITTS GOLD CREEK DEVELOPERS, LLC (JAMES L. JEWETT) I PAGE 10 STATE OF IDAHO, ) : ss. County of Ada ) On this ~.y'1) day of ~\( ( \ ' in the year 2004, before me, a Notary Public, personally appeared Ti~ck, on behalf of the Stetson Properties LP, known or identified to me to be the person who executed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) ",.......",. "~I " I...' ". ...' '" 1". ll'l-i b " ,.."" ""'.. ....... ...,.., '" ~ ~ .. .. '-t. ~ .: "t' ..- -.. "4 ~ .: F... . _\ OT A 1> - '7 ~ : : ~ qy ~ :. . . . . 11III . ~..... . 11III i*: :*: ': ~ PUB' \ G: : ':... 1-'... ~ <1".,.... ...0 .- ". .r'.. ._. '\.' . -II; ..<J ").., ......~. ..... -....;;... '" '1 . , ", ~~ Notary Pubh for Idaho Residing at: ~ My Commission Expires: CJ.4 --t)'f STATE OF IDAHO, ) : ss. County of Ada ) On this 'B'f-A) day of ~ '\ \ , in the year 2004, before me, a Notary Public, personally appeared James ~. Jewett, Goldcreek Developers, LLC, known or identified to me to be the person who executed the instrument on behalf of said Goldcreek Developers, LLC, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaT .w.thi~ certificate first above written. ,;i' "" " A 1.. 'I .... ~ n. 'O'J<'I b " ~. ~~ ......... <re> "...... ! ~ .... -.. (/ #-:.. ~ F..... ~OT AI? t~ ... ~ -;. :: r : : : : -.... . : :*~ G :*: ~ · PUB\"\ : : ~ 1..P ... .. "," ~ /> .. ....'>.0.,' #;". ~r"....... h~'(~ I,.. f., I ' " >, (SEAL) STATEOFIDAHO, ) : ss. County of Ada ) ~ Notary Publ for Idaho Residing at: . ~ My Commission Expires: q -t.f-tJ1- AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS GOLDCREEK DEVELOPERS, LLC (JAlv[ES L. JEWEIT) / PAGE 9 April 15, 2004 MERIDIAN CITY COUNCIL MEEfING April 20, 2004 APPLICANT Planning and Zoning Dept - Anna Powell REQUEST Diane Kushlan Consulting Services Department Reports ITEM NO. _Lo~ B- \ 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 affached ~ #v{rr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. rQ.!;C ol Vol ol Tara Green From: Will Berg Sent: Tuesday, April 13, 20042:26 PM To: Jessica Johnson; Tara Green Subject: FW: Department Report 4-20-04 APR 1 3 2004 City Of Meridiem City Clerk Office ~~~~~Original Message----- From: Anna Powell [mailto:powella@meridiancity.org] Sent: Tuesday, April 13, 2004 1:51 PM To: 'Will Berg' Subject: Department Report Will, Would you please put a P&Z Department Report on the April 20th agenda to discuss Diane Kushlan Consulting Services? I have attached a memo for distribution to the Mayor and Council. Amla Borchm Powell, AlCP City afMeridiml Plmming Director 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 (208) 884-5533 pho1te (208) 888-6854 facsimile p01vella@meridiancity.otg e-mail 4/13/2004 MEMORANDUM TO: FROM: DATE: RE: :rvfA YOR AND COUNCIL ANNA BORCHERS PO\VELL, AICP PLANNING DIRECTOR APRIL 13, 2004 CODE AMENDMENTS Staff and consultant have recently completed the first phase of amendments to the City's Zoning and Subdivision codes. This work has involved a comprehensive review of the existing codes and proposed amendments with the objectives to: 1. Improve consistency in format and language; 2. Support direction of the Comprehensive Plan; 3. Respond to issues not currently addressed by the code; 4. Reduce processing time, clarify procedures and reduce the number of conditional use permits; and 5. Reflect current uses and contemporary land use practices. The second phase of this project is to review the proposed code with the Process Improvement Group and incorporate their recommendations for further changes. The first meeting of the group was on April 1 st, The group is meeting weekly and it is anticipated that they will complete their review within three months. Additional consultant services are requested to support the work of the Process Improvement Group in completing this project. The planning services that will be provided would be as follows: 1. Attend all meetings of the Group. 2. Prepare materials in advance of the meeting including an agenda, summary of changes, comparison with the existing and proposed codes, and points for focus discussion of the Group. 3. Take notes of issues and questions from the meeting. 4. Respond to questions and facilitate discussion at the meetings. 5. Prepare revisions to the draft Code as a result of the Group's comments. 6. Maintain a record of changes from the Group. 7. Communicate and coordinate with staff on progress of the meetings. In anticipation of twelve meetings at two hours length and an equal amount of preparation and follow-up time, 48 hours are anticipated to complete this work. (48 hours @ $65/hour = $3120, plus any out of pocket expenses to be authorized in advance. I do have this money available in my consulting budget. I would like authorization to proceed. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT 660 E. WATERTO\VER ROAD MERIDIAN, ID 83642 April 15, 2004 MERIDIAN CITY COUNCIL MEEflNG April 20, 2004 APPLICANT Police Department -- Bill Musser REQUEST National Fast Draw Championship Presentation Department Reports ITEM NO. W- C.-I 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: ~ r Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ';eHONEiCA;LL A"M. P.M" Rampionships 2004 ~ at SJGNED CIFDA Sanctioned Match Celebrity Charity Match for Cystic Fibrosis May 6th - 9:00 - 5:00 Main Match. May 7th & 8th May 7th - 7:00 a.m. Registration, Event 8:00 a.m. - 8:00 p.m., May 8th - Event 7:00 a.M. Banquet at 6:00 p.m. I !!ij COME WATCH, or COME TRY IT OUT $3.00 PER PERSON TO ENTER EVENT AREA - KIDS ENTER. FREE FREE LASER SHOOT from BEAMMIT TRY COWBOY ACTION SHOOTING. $5.00 FOR 10 SHOTS - Wax Bullets BID TO SHOOT WITH TOP SHOOTERS AND CELEBRITIES $1,900 in prize merchandise for each member of the top team! A team is comprised of two people. Celebrities include: Western actor Buck Taylor, World Record WFD holders Cal Eirich and Bob Mernickle, CF'DA President Brad Hemmah, writers John Taffin and Kirby Jonas, plus more. All proceeds from the celebrity shoot on May 6th go to the Cystic Fibrosis Foundation. Main Match Cash & Merchandise Prizes Prizes go to Top 15 Men, Top 10 Women, Top Men's Senior, Top Ladies Senior, Top Junior Wl2J~~l rb~atch to '1 Get your applications in early! $145 entry fee plus $45 CfDA membership fee For more information or for applications contact Shoot! Magazine: 208-368w9920, info@shootmagazine.com, www.ShootMagazine.com. applications are also available at Sportsman's Warehouse, Shooting World, Shapels Gun Shop, and Boise Gun Company. " i I ".. ~ 2 3 April 15, 2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT April 20, 2004 ITEM NO. ~ REQUEST Ordinance - Pretreatment / Sewer User Amended Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance rrr~? 10'10 (f$; OI.V Contacted: Emailed: Date: Staff Initials: Phone: Materlcls presented at publiC meeUngs shall become property of the City of Meridian. WHITE PETERSON ArrORNEYS AT LAw KEVIN DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GrGRAY, Irr T. GUY HALLAM" JILL S. HOLINKA JOHN R. KORMAN!!: * WILLIAM A. MORROW WILLIAM F. NICHOLS" CANYON PARK ATTHE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (20S) 466-9272 FAX(208) 466-4405 CHR!STOPHERS. NYE PHILIP A. PETERSON TODDA. ROSSMAN TERRENCER. WHITE*"' * Also admitted in ( ** Also admitted in ( *** Also admitted in V April 8, 2004 William G. Berg, Jr., City Clerk Meridian City Hall 33 East Idaho St. Meridian, Idaho 83642 RECEIVED APR 1 5 2004 City Of MeridiaJ.l City Clerk Office Re: Pretreatment / Sewer User Amended Ordinance Dear Will: Attached you will find the ordinance pertaining to the Pretreatment I Sewer User Amended Ordinance for the City of Meridian. Please place this ordinance upon one of the upcoming Pre-Council agendas for their review. Upon Pre-Council approval, the ordinance may then be placed for an upcoming City Council regular agenda for approval and passage. Additionally, I have attached the Summary Ordinance and cover letter on this matter. If you have any questions or need anything further with regard to this ordinance, please advise. Very truly yours, Wm. F. Nichols z:\ Work\M\Meridian\Mcridian 15360M\Ordinances City Hal1\2004 On:l\Berg Prclrcatrnnt Sewer User Amend Ord L TR 04 08 04.doc ( CITY OF MERIDIAN ORDINANCENO.04- 107E? /u;l;v ;)/rd./ BY: AN ORDINANCE AMENDING THE FOLLOWING SECTIONS, SECTION 9-2- 2(D) LOCAL LIMITS TO PROVIDE FOR REVISIONS TO MAXIMUM DAILY CONCENTRATION (mg/l) AND TO ADD A NEW PARAGRAPH ON STRINGENT LIMITS OR RULES, SECTION 9-4-2 DEFINITIONS AND SPECIFICALLY THE DEFINTION OF "SEWAGE OR WASTE MATTER" TO REMOVE LANGUAGE FROM THE DEFINITON AND TO ADD A NEW PARAGRAPH ON STRINGENT LIMITS OR RULES, SECTION 9-4-4 CITY AUTHORITY TO REMOVE AND ADD LANGUAGE TO THIS SECTION AND TO ADD A NEW PARAGRAPH ON STRINGENT LIMITS OR RULES, AND SECTION 9-4-24 SEWER USER CHARGES AND CONNECTION FEES TO REMOVE AND ADD LANGUAGE TO SECTION, FOR THE CITY OF MERIDIAN, IDAHO, OF CHAPTERS 2 AND 4 OF TITLE 9 OF THE MERIDIAN CITY CODE; PROVIDING FOR APPEALS, CONFLICT, V ALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 2(D) Chapter 2 Title 9 Local Limits of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 9-2-2(D) Local Limits: The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following discharge limits: Maximum Daily Concentration (mg/I) Parameter Arsenic Cadmium Chromium (total) Copper Cyanide (total) ~ 0.88* G-:-l+ 0.69 2.77 3.38 HG-1.03 Amended Pretreatment / Sewer User Ordinance Page 1 of 11 Iron Lead Mercury Nickel Silver Zinc TOTAL ORGANICS (TTO) * Nonmetal finishing standards. 1.50 * 0.69 ~0.001 J.,.9.8- 5 . 81 0.43 2.61 2.13** ** See list of organic chemicals included in total toxic organics (ITO) regulated under electroplating and metal finishing categories maintained at the Meridian sewer plant. The following pollutants are regulated to ensure compliance with the City's NPDES Permit. Pollutant limits will be established by the Superintendent or his or her designee: BOD (biochemical oxygen demand) COD (chemical oxygen demand) TSS (total suspended solids) E. Coli Total Ammonia as N Total Kjeldahl Nitrogen Nitrate-Nitrite Total Phosphorus Ortho-Phosphate Turbidity Temperature Hardness pH Dissolved Oxygen Fats, oils and grease AU local limits apply at the point where the wastewater is discharged to the collection system or sewer. All concentrations for metallic substances are for "total" metal unless indicated otherwise. Wherever a user is subject to both National Categorical Pretreatment Standards and a state or local limit for a given pollutant, the more stringent limit or standard shall apply. However, the user may obtain a variance from a local limit from the Superintendent or his or her designee for good cause shown. Appeals of the denial of a variance are governed by the procedures set forth in section 9-2-5(1) of this chapter. The Superintendent or his or her designee is also required to imposed mass limitations by Region 10 ofEP A, the City's NPDES Permit and Federal regulations [40 CFR 122.45(f)], for all pollutants except pH, temperature, radiation, and other pollutants not appropriately expressed in terms of mass limits. Such mass limitations shall be calculated as follows [EQ.l], unless otherwise determined by the Superintendent or his or her designee: Mass Limit = Design or actual flow of facility (mgd) [EQ.l] x concentration ofthe pollutant (mgll) x 8.34 If any provisions of the Pretreatment and Sewer Use Codes conflict. the most stringent limit or rule shall apply. Amended Pretreatment / Sewer User Ordinance Page 2 of 11 SECTION 2: That Section 2 Chapter 4 Title 9 Definitions of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 9-4-2: DEFINITIONS: Unless the context specifically indicates otherwise, the meanings of terms used in this Chapter shall be as follows: If any provisions of the Pretreatment and Sewer Use Codes conflict, the most stringent limit or rule shall apply. ACT: The Federal Water Pollution Control Act entitled Public Law 92-500, and its amendments of 1972 as administered by the United States Environmental Protection Agency (EPA). BOD: Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (200C), expressed in milligrams per liter (mgll). BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall. BUILDING SEWER: The extension from the building drain to the point of connection with the public sewer or other place of disposal. CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative, or deputy thereto. COMBINED SEWER: A sewer receiving both surface runoff and sewage. FLOW: The volume of sewage being discharged into the sewage system. GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL COST RECOVERY: Financial recovery by the City, from the industrial users of the sewerage system, of.!: that portion of the U.S. government grant amount allocable to the treatment of wastes from such users pursuant to section 204(b) of the Act. INDUSTRIAL USERS: A. Any nongovernmental user ofpublicly-owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under the following divisions: 1. Division A -- Agriculture, Forestry and Fishing Amended Pretreatment / Sewer User Ordinance Page 3 of 11 2. Division B -- Mining 3. Dlvision D -- Manufacturing 4. Division E -- Transportation, Communications, Electric, Gas and Sanitary Services 5. Division I -- Services B. An industrial user is also defined as follows: 1. A nongovernmental, nonresidential user which discharges more than the equivalent of twenty five thousand (25,000) gallons per day of sanitary waste and which is identified in the Standard Industrial Classification Manual under divisions A, B, D, E and I; 2. A user which discharges any wastewater containing toxic pollutants or which has any other adverse effect on the treatment works; or 3. A commercial user of an individual system. C. A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary convemences. INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, etc. NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. OWNER: A person owning real estate which is, or proposes to be connected to the sewage system. pH: The logarithm ofthe reciprocal ofthe weight of hydrogen ions in grams per liter of solution with a pH value of 7 being neutral. PERSON: Any individual, firm, company, association, society, corporation or group. PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be Amended Pretreatment! Sewer User Ordinance Page 4 of 11 carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (112") in any dimension. PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. SANITARY SEWER: A sewer which carries sewage and to which storm, surface and ground waters are not admitted. SERVICE CONNECTION: The point at which the building sewer connects to the public sewer. SEWAGE OR WASTE MATTER: A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, togethor '.'lith such ground, surface and storm ..vaters as may be present. SEWAGE TREATMENT PLANT OR WASTEWATER TREATMENT FACILITY: Any devices and system used in the storage, treatment, recycling and reclamation of Municipal sewage or industrial wastes of a liquid nature to implement section 201 of the Act. SEWER: A pipe or conduit for carrying sewage. SEWER USER: Any individual, finn, company, association, society or corporation or group who has connected to the sewerage system. SEWERAGE SYSTEM: All facilities for collecting, pumping, treating and disposing of sewage. SHALLIMAY: "ShaW' is mandatory. "May" is permissive. SLUG: Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (I 5) minutes for more than five (5) times the average 24-hour concentration or flows during normal operation. STORM DRAIN (Sometimes Termed Storm Sewer): A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted water such as cooling water. SUSPENDED SOLIDS: Solids, organic or inorganic, that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Waste Water" and referred to a nonfilterable residue, Amended Pretreatment / Sewer User Ordinance Page 5 of 11 WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 339, 5-29-1979) SECTION 3: That Section 4 Chapter 4 Title 9 City Authority of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 9-4-4: CITY AUTHORITY: The sewer system for the transmission, treatment and disposal of sewage for the City shall be under the sole and exclusive control of the Mayor and City Council, who may from time to time direct the construction, expansion, extension, repair and maintenance of the sewer system owned and operated by the City as the necessity of the City may require. The cost of maintenance and repair of the City sewer system may be paid out of the General Enterprise Fund. If any provisions of the Pretreatment and Sewer Use Codes conflict, the most stringent limit or rule shall apply. SECTION 4: That Section 24 Chapter 4 Title 9 Sewer User Charges and Connection Fees of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 9-4-24: SEWER USER CHARGES AND CONNECTION FEES: The monthly sewer user rates for sanitary sewer service in the City are based on gallons of water used as determined by the water meter readings. Residential homeowner's sanitary sewer user charges will be based on the actual water recorded for monthly water meter readings during the period ofthe year from October November 15 to the following March 15. For the following seveR t+1 eight (8) month period, the average monthly reading for the period of Octobcr November 15 to the following March 15 shall be the basis for the monthly sewer user charge. Provided hov!cyer, for averaging purposes, the mayor and city council may, by a duly enac-ted resolution, change the abo~/e date of Octobcr 15 to November 15 for any particular year ifit finds the fall season to ha'.'e been particularly warm requiring lawn sprinkling to have been necessary past October 15. However. ifthe actual water use recorded for any billing period between March 15 and November 15 is less than that November 15 to March 15 average. the sewer user charge will be based on the actual water use. Also, provided, however, where there is a new owner, a new occupancy, or a change in occupancy, such as in the case of sale or new residence construction or sales of existing residences, between October November 15 and March 15, the sewer user charge shall be based on the average residential water use in the city which is six thousand five hundred (6,500) gallons per month unless the owncr/user can shO'.Y, by current water meter readings, that his use is less than six thousand five hundred (6,500) gallons. In this case. the sewer user charge will be based on actual metered water use. All other users such as commercial and industrial shall be based on their monthly water consumption. The user charges may be reviewed annually. The user charge system is based on the following: Amended Pretreatment I Sewer User Ordinance Page 6 of 11 A. Monthly Service Charges: 1. The minimum sewer charge shall be as established by resolution of the city council. (Ord. 02-967, 7-23-2002) B. Schedule Of Fees And Charges: The sewer connection fees and charges are based on the following schedule; all other users will require special appraisal and will be computed on an individual basis: Classification Number Of Equivalent Connections Apartment (see Multiple living unit) Bank 2.00 Bar 2.00 Barbershop, per chair 0.50 (minimum 1.00) Beauty salon, per operator station 0.50 (minimum 1.00) Bowling alley, per lane (minimum 1.00) 0.20 Cafe, per customer seating capacity 0.1 0 (minimum to be 2.00 equivalent connections) Car dealer 2.00 Car wash (to be computed on an individual xxx basis) Church 2.00 Club, private 2.00 Condominium (see Multiple living unit) Dentist, per practitioner 1.00 Department store (per 3,000 square feet) 1.00 Doctor, per practitioner 1.00 Drugstore 2.00 Dry cleaners 2.00 Duplex (see Multiple living unit) Fourplex (see Multiple living unit) Garage (minimum) 2.00 Amended Pretreatment I Sewer User Ordinance Page 7 of 11 Grocery store (see Retail food store) Hospital, per bed Industry (see Major or minor contributing industry) Laundri es Commercial (to be computed on an xxx individual basis) Self-service up to and including 10 4.00 washing machines Each washing machine in excess of 10 0.25 0.15 Lodge or private club 2.00 Major contributing industry (as per xxx separate agreement) Minor contributing industry (as per xxx separate agreement) Mobile home court or park First space 1.00 Each additional space, long term 1.00 tenant type Each additional space, short term 1.00 tenant type Mobile home or trailer house on 1.00 own premIses Motel, hotel, rooming house, etc. With cooking facilities First unit 1.00 Each additional unit 0.50 Without cooking facilities First unit 1.00 Each additional unit 0.25 Multiple living unit Studio or 1 bedroom 1.00 2 bedrooms 1.00 3 or more bedrooms 1. 00 Office building for each 2,500 square feet 1.00 of gross floor space or fraction thereof Photo development lab 2.00 Railroad depot 2.00 Restaurant, per customer seating capacity 0.10 Amended Pretreatment! Sewer User Ordinance Page 8 of 11 (minimum to be 2.00 equivalent connections) Retail food store for each 1,500 square feet 1.00 of gross floor space or fraction thereof Retail store for each 3,000 square feet 1.00 of gross floor space or fraction thereof Schools per each 50 students in average 1.00 daily attendance or fraction thereof Service station Full service 4.00 Gas and restroom service only 2.00 With car wash (to be computed on an xxx individual basis) Single-family residence 1.00 Swimming pool Private, for each 500 square feet of pool 0.25 water surface area or fraction thereof Public (to be computed on an xxx individual basis) Tavern 2.00 Theater 2.00 Townhouse 1.00 Trailer court or park First unit 1.00 Each additional space, long term 0.75 tenant type Each additional space, short term 0.50 tenant type Triplex (see Multiple living unit) Variety store for each 3,000 square feet of gross floor space or fraction thereof 1.00 SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. Amended Pretreatment / Sewer User Ordinance Page 9 of 11 SECTION 7: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 8: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2t1../.( ~' - day of ,II , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2tJ~ day of /1pr J? , 2004. ATTEST: ~ ~<l~,.w eerd ... . -;;. ~ Ji :: SEAL ~ ~ ~ 7. ~ ~ ~ ---: ;S-~f' ~\ ~ ~~ ~Q)o 0 j City Clerk -% <:>-1' r 15\ . ~".f An Ordinance of the City of Meridian f31'~/~mmriG$e'tg, Jr., City Clerk . . 4.., A_ (ff;,. 1\" First Readmg: 7 -frO - O~ "~li, 1:1\1 Adopted after fir~t reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES ).( NO Second Reading: Third Reading: STATE OF IDAHO,) : ss. County of Ada. ) On this tJOfh. day of t,,1 ( ,2004, before me, the undersigned, a Notary Public in and for sai State, personally appeared TAMMY de WEERD 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. Amended Pretreatment I Sewer User Ordinance Page 10 of 11 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the da;r, m9,roear first above written. ~",,, " ,.....1/ ...... :\. eEL S.<t ."" ...... ~ ......""(<d 'if./"" .,.... '''''''~ 00 "..... -r~. ":. ~.. ,. o. .~ "-r' ':. t I~OTA1t,~,-: ~J. .,..... oj.._ :-: * · ~.~ t * : - . . - (SEAL) i \. J:l{TBt \C ,: i ':. ~^ . ,., .... ~ "'-" 00 ... 0 ~ ", -r~ 0.. ... ~ ~ .... ',)> ..... ~ '" ~ tt." .......... 'Ii OF \'0 ..",'Ii '."'u, nil""" Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall12004 OrdlA.mended Pretreatment Sewer User Ord 0408 04.doc Amended Pretreatment I Sewer User Ordinance Page 11 of 11 WHITE PETERSON ATTORNEYS AT LAW KEvIN DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAV. In T. GUY HALLAM .. JILL S. HOLINKA JOHN R. KORMANIK · WILLlAMA. MORROW WIUIAM F. NICHOLS .. CAl'JYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAlvfPA, IDAHO 83687-790 I TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. NVE PHILIP A. PETERSON TOOD A. ROSSMAN TERRENCE R. WHITE ... · Also admllted in CA U Also admitted ill OR n* Also admitted in W A April 8, 2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 04-/07':1 , (Pretreatment I Sewer User Summary Ordinance for the City of Meridian) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for the Pretreatment I Sewer User Amended Ordinance for the City of Meridian, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code S 50-901(A). Very truly yours, Wm. F. Nichols Enclosure Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall\2004 OrdlBerg Pretreatmnt Sewer User Sum Ord cover Itr 0408 04.dcc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- If} 757 PROVIDING FOR AMENDMENTS TO CHAPTERS 2 AND 4 OF TITLE 9 SEWER TREA TMENT AND SEWER USE AND SERVICE This ordinance of the City of Meridian is amending section 2(D) of Chapter 2 Title 9 of Local Limits to provide for revisions to the maximum daily concentrations (mgll) and to add a new paragraph on stringent limits or rules; to provide within section 2 of Chapter 4 Title 9 Definitions for the removal of language within the definition of Sewage or Waste Matter and to add a new paragraph on stringent limits or rules; to provide in section 4 of Chapter 4 Title 9 City Authority to remove and add language within this section and to add a new paragraph on stringent limits or rules; and to provide in section 24 Sewer User Charges and Connection Fees to remove and add language to this section. A full text of this ordinance is available for inspection at City Hall, Ci~ of Meridian, .33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the20 ~ day of /J;Jr/ L , 2004 \\ \ \ \1111I' /11111 . ~ M~~.0 "\\'_1 Of a...rrI/)j 11/" " ::\"' v'''''l /... ~' c} W.POb A '1- 'i~ ~ cP 'Vi~ ~ ~':.if- <:::> ~ ~ ~ ~ E: ~ City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: 4--'2-t:?-o.f- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES X NO Second{Reading: ~ Third Reading: Z:\WorklMlMeridiaolMeridian I 5360M\Ordio3nees City Hall\2004 OrdlPrelrealment Sewer User Amend Sum Ord 04 08 04.doc Pretreatment and Sewer User Summary Ordinance Section 2(D) and Sections 2, 4, and 24 of Chapter 2 and 4 Title 9 Page 1 of 1 April 15, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 20, 2004 ITEM NO. --.J fi REQUEST Water, Sewer, and Trash Delinquencies 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: SEfTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: frl r~ '< Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED APR 2 0 2004 DELINQUENCY FOR TURN OFF SCHEDULED FOR April 21, 2004 CYCLE 1 City of Meridi~n City Clerk Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, Apri120, 2004, before the Mayor and City Council, to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on April 21, 2004 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the tum-offlist is $14,914.85 ( / ( CITY OF MERIDIAN Delinquent Account List- council Page: 1 Slandard Payment Customers Apr 20, 2004 04:53pm Current Period: 05/05/2004 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer. Cust No () :: {<} 880000001 Customer.BiIl Cycle = 1 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 20.46.0132.2 ABBOTT, ROBERT 65.32 47.72 17.60 03/22/2004 28.88 - 24.04.1904.1 ABBOTT, SCOTT 144.16 55.20 88.96 02/18/2004 132.96 - 30.74.3602.2 ADAMS, CYNTHIA 119.12 68.92 50.20 03/24/2004 57.44 - 23.02.2714.3 ADAMS, ROY & STACY 314.94 314.94 07/28/2003 70.46 - 23.02.0428.2 ADLER, J & SMITH, T 106.56 59.00 47.56 03/09/2004 73.00 - 35.35.0190.2 AHEARN, THOMAS 84.08 43.92 40.16 03/17/2004 39.24 - 34.34.5036.1 ALBERTSONS EMPLOYEES FEe 230.86 47.71 43.95 67.61 71.59 20.46.4612.1 ALBERTSONS WHOLESALE 246.96 131.59 115.37 02/25/2004 115.37 - 22.50.0244.1 ALGER,BRENT 40.10 40.04 .06 03/16/2004 36.34 - 35.35.0194.4 ALLMOND, JOSEPH & TAKEIA 58.98 42.68 16.30 04/16/2004 45.00 - 35.35.0057.2 ANDERSON, CHRISTY 39.38 20.12 19.26 02/19/2004 32.00 - 30.74.1026.1 ANDERSON,DOUGLAS 65.28 32.64 32.64 03/16/2004 32.64 - 36.68.0310.1 ANJEWIERDEN, PAUL 77.84 42.68 35.16 03/16/2004 42.68 - 23.02.6300.1 ANSON, PATRICIA 93.87 85.30 8.57 04/06/2004 40.00 - 25.25.0064.2 ARAGON, ALFREDO & DAWNA 95.36 62.72 32.64 21.21.9154.2 ASCHENBRENNER. KEN 43.26 24.43 15.07 3.76 02/13/2004 7.55 - 20.47.1052.1 ASPEN HOMES 92.08 34.32 32.64 25.12 01/21/2004 60.93 - 37.37.3616.2 AUSTIN, WILLIAM & DOROTHY 44.40 42.68 1.72 01/14/2004 100.00 - 22.51.0180.1 B M C, WEST 42.15 15.77 11.31 11.31 3.76 04/07/2004 11.31 - 22.51.0694.1 BAILEY, PEGGY 99.06 45.76 53.30 03/22/2004 35.08 - 22.51.0514.2 BAILEY, PEGGY 166.16 89.78 51.44 24.94 03/08/2004 50.00 - 22.50.4820.3 BARBOUR, TREVOR & ROSE 92.82 42.16 50.66 02/23/2004 45.00 - 37.37.3642.1 BATEMAN BUILDERS 104.16 53.96 50.20 02/23/2004 1.96 - 22.50.1022.1 BEACH, ROXANNE 111.84 41.93 69.91 03/15/2004 70.00 - 31.52.0238.1 BELLINO, TIM 191.51 188.03 3.48 03/24/2004 172.99 - 36.68.0312.2 BENSON, JR. DARRYL 104.16 53.96 50.20 03/22/2004 80.20 - 22.50.0290.4 BEVINGTON, HELEN 55.68 30.56 25.12 02/17/2004 28.88 - 23.01.2870.4 BIDDICK, SCOTT 64.25 64.22 .03 03/30/2004 43.92 - 21.21.9110.1 BIG RIVER 49.17 48.95 .22 03/08/2004 26.13 - 24.03.0328.2 BISHOP, JEFFREY 105.94 51 .40 54.54 03/22/2004 87.00 - 22.51.3330.2 BISHOP, TOM 61.34 48.54 12.80 03/30/2004 30.00 - 24.04.1834.1 BITONI, MARK 136.32 59.88 76.44 03/16/2004 46.44 - 23.02.2140.1 BLAIR, WILMA 69.90 41.02 28.88 03/12/2004 36.40 - 23.02.4200.1 BLAKELY,CLAUDEJAMES 76.14 52.04 24.10 02/25/2004 60.00 - 37.37.3040.1 BLOWERS, DAN & MADELEINE 64.68 50.20 11.00 3.48 24.04.0536.8 BOBKO, RAYMOND 117.44 67.24 50.20 03/31/2004 57.10 - 22.50.1726.2 BOESIGER, MAX 136.80 62.00 40.16 34.64 02/10/2004 30.00 - 22.51.0506.1 BOGGIS, CONNIE 72.40 40.31 32.09 03/16/2004 35.85 - 30.30.6098.1 BORUP CONSTRUCTION 6.96 3.48 3,48 46.46.6316.1 BORUP CONSTRUCTION 6.96 3.48 3.48 46.46.7090.1 BORUP CONSTRUCTION 16.52 3.48 13.04 22.50.2194.2 BRAUN, STEPHANIE 61.40 32.52 28.88 03/16/2004 21.36 - 37.37.2966.1 BREGY HOMES 22.98 18.52 4.46 23.01.0800.1 BREWER. SID & SHELLY 81.18 32.52 48.66 03/17/2004 81.44 - 23.02.3370.4 BRIGGS. TERJ 129.82 59.98 69.84 03117/2004 48.00 - 23.01.3510.4 BRINEGAR, E. E. 99.65 70.50 29.15 03/25/2004 60.00 - 23.02.1290.5 BRINEGAR, E.E. 53.76 53.44 .32 04/19/2004 30.00 - 23.02.1310.5 BRINEGAR, E.E. 74.94 39.78 35.16 04/06/2004 27.64 - 23.02.3702.2 BRINEGAR, KATHLEEN 39.16 38.80 .36 03/24/2004 27.64 - 35.64.0006.3 BROWER, WAYNE & LUCILLE 38.92 35.16 3.76 02123/2004 35.16 - ... in Msg column indicates no Notice is to be sent / ( ( CITY OF MERIDIAN Delinq uent Account List- cou ncil Page: 2 Slandard Payment Customers Apr 20, 2004 04:53pm Current Period: 05f05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 0212012004 o 1I20f2004 Date Amount 25.25.0168.2 BROWN, DENISE 41.38 27.64 13.74 01/27/2004 65.46 - 24.04.1796.1 CAPRAI, JOHN & SARAH 326.56 20.12 306.44 09/15/2003 242.86 - 22.50.2108.1 CASELLA, GARY 83.58 29.58 28.88 25.12 03f11 f2004 22.18 - 22.50.0310.2 CASS, BRUCE C 76.56 43.92 32.64 03f16/2004 51.44 - 23.02.4700.2 CHENEY, STEVEN 60.54 36.40 24.14 03/17/2004 70.00 - 30.74.3676.4 CHENEY, STEVEN 72.80 36.40 36.40 03f15/2004 66.40 - 22.50.0500.3 CHESTER, FAYE 62.20 40.20 22.00 03/0212004 32.00 - 22.51.1166.3 CHRISTIANSON, ARTHUR & COI 56.30 11.03 7.55 11.31 26.41 10/21 f2003 15.10 - 22.51.0463.1 CITY - MERIDIAN PARKS 31.32 6.96 3.48 3.48 17.40 23.01.1540.3 CLARK. DAVID 243.60 138.59 105.21 22.51.0874.1 COLE. ORVILLE 85.28 59.43 25.85 04/19/2004 10.00 - 24.04.0888.1 CONNELL, DION 162.20 90.68 71.52 03/2212004 67.76 - 24.04.0120.2 CORONA, JUAN & ROMONA 56.64 47.68 8.96 03/2212004 50.00 - 22.51.4130.1 COUNTRY GLASS 368.73 111.13 10 1.45 90.17 65.98 03/24/2004 101.45- 22.51.0530.1 CREED, E.A. 55.39 26.53 28.86 12101/2003 50.00 - 36.69.0100.1 CROSSMAN, DEBBIE & WARREI 110.37 12.41 20.12 38.92 38.92 12118/2003 48.40 - 23.02.5690.5 CURIEL, FABIOLA 102.88 55.20 47.68 03f02l2004 43.92 - 22.50.4574.3 DAROSA, JOE 76.80 44.78 32.02 03/17/2004 44.00 - 37.37.4138.2 DAVIS, MARK & PAULA 88.14 38.92 42.68 6.54 01/2212004 93.86 - 23.02.6660.1 DAVIS, SUSAN 50.24 25.12 25.12 02l23f2004 25.12 - 35.35.1212.2 DAYLEY, MARK & KATHRYN 50.24 25.12 25.12 04/08/2004 19.04 - 35.35.0425.1 DEVELOPMENT SERVICE 16.76 6.42 10.34 03/16/2004 3.48- 22.50.0204.1 DIPAOLA, JONATHAN 70.82 36.28 32.64 1.90 03/1212004 50.00 - 30.74.1062.1 DOTY, PAULINE & RON 64.96 32.09 32.87 03f18/2004 60.00 - 23.02.6970.1 DULHANTY. TAMARA 134.48 47.68 77.68 9.12 02118/2004 120.00 - 25.25.1060.3 DUNSWORTH, BRAD & JODI 46.66 46.44 .22 04/06/2004 35.00 - 24.04.0886.1 DUVALL, DEBORAH 63.98 40.76 23.22 03/16/2004 50.00 - 25.05.0172.1 EARNHART,KATHLEEN 85.36 46.44 38.92 02117/2004 89.12- 24.04.1994.1 EDDINS. RICHARD 61.52 36.40 25.12 02125/2004 5.34- 35.35.7800.1 EDGE 1.1.C 199.34 172.99 26.35 30.74.3678.2 EDWARDS, DEARL W 80.38 42.68 37.70 03/16/2004 50.00 - 23.02.2734.1 EDWARDS, MICHAEL A 96.70 56.54 40.16 03/08/2004 46.09 - 22.50.2226.2 EITCHES. ROBERT 73.82 56.22 17.60 37.72.0101.1 ELK RUN HOMEOWNERS ASSO 26.02 26.02 02117/2004 46.06 - 22.50.1240.4 ERHART, MILT 7.88 7.88 22.50.1230.2 ERHART, MIL TON 67.94 35.30 32.64 02123/2004 66.40 - 36.69.0244.2 EVANS, GARLAND 55.42 32.64 22.78 03/09/2004 141.68 - 35.35.5006.2 FLOTH, ROBERT 37.32 35.16 2.16 04f1212004 33.00 - 23.02.1660.3 FLYNN, MELANIE 121.68 75.24 46.44 03/11/2004 46.44 - 29.57.0130.1 FRANKLIN INVESTMENT CO 361.26 356.61 4.65 04/14/2004 356.61 - 22.51.3078.3 FREEMAN, NICOLE 63.16 36.68 26.48 03/16/2004 47.00 - 22.50.3754.1 FRENCH, LAWRENCE 221.52 91.20 100.32 30.00 03/08/2004 182.70 - 32.32.4406.2 FRESHWATER, MICHELLE 47.76 23.88 23.88 02124/2004 47.76 - 46.46.7062.1 G Q CONSTRUCTION 89.41 21.36 11.31 52.67 4.07 30.74.3248.1 GARNER. KELLEY 189.08 96.60 92.46 03f15/2004 112.00 - 20.46.0188.2 GATES, JOHN 122.70 39.78 23.88 31.40 27.64 01114/2004 30.42 - 24.04.1430.2 GAYMON, GREG & ALISON 158.96 86.20 72.76 03/17/2004 68.32 - 34.34.6108.1 GNG CONSTRUCTION 6.96 3.48 3.46 23.02.1170.3 GODBY, ORVILLE & PHOEBE 191.90 96.66 95.24 03/17/2004 50.20 - 23.01.0150.2 GOLDEN, LEROY 89.44 30.56 58.86 02/18/2004 84.00 - 37.37.3366.1 GO CONSTRUCTION 11.70 7.24 4.46 24.04.2276.2 GROAT, DARLA 141.61 42.68 38.92 60.01 04/16/2004 102.68 - 30.74.3176.3 GROSSL, EDNA 95.56 46.44 49.12 03/16/2004 40.00 - 23.02.4290.1 GROSSO, SHADOW 46.48 21.36 25.12 03/16/2004 46.48 - 22.50.2378.1 GUTHMILLER, BRIAN A 310.82 80.90 229.92 03f16/2004 200.00 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Apr 20, 2004 04:53pm Current Period: 05/05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Ba lance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Dale Amount 24.04.1620.7 GUYMON, GREG & ALISON 87.57 55.72 31.85 03/24/2004 90.00. 30.74.1052.2 HAMILTON, JACQUELYN 61.52 36.40 25.12 02/25/2004 36.40 - 24.04.1790.3 HAMMER, MARCIE 84.62 47.30 31.40 5.92 03/17/2004 78.00 - 23.01.0020.1 HAMMOND 00, THOMAS R 143.98 67.50 76.48 02/19/2004 164.16. 20.46.0434.2 HAMMONS, CURTIS & CARLA 70.88 42.00 28.88 30.74.2662.1 HANSEN, DAVID 76.56 40.16 36.40 03/22/2004 51.44 . 22.50.4816.2 HARP, JACK 54.86 29.74 25.12 02/1012004 21.36- 23.02.5900.1 HARVEY,L1SA M. 59.36 51.44 7.92 03/17/2004 55.00 - 21.21.9072.2 HAWKES, SARAH 75.17 29.99 22.59 22.59 01130/2004 65.33 - 21.21.9066.2 HAWKES, SARAH 129.93 58.43 41.39 30.11 01130/2004 18.83 - 22.50.2112.2 HAY. CHARLES & ROBERTA 75.14 54.82 20.32 0313012004 50.00 . 20.46.0260.1 HAYES, MARCIA 56.96 33.08 23.88 03/16/2004 31.40 . 25.05.0220.1 HESSING, WILLIAM 283.28 119.12 164.16 03/17/2004 159.48 - 22.51.0928.3 HICKEY, FA 350.49 67.10 32.64 250.75 04/1912004 62.64 - 22.51.3580.1 HIGGINBOTHAM, RON 133.64 93.48 40.16 03/17/2004 73.92 - 36.36.0200.1 HIGH DESERT CONSTRUCTION 7.94 3.48 4.46 36.36.0172.1 HIGH DESERT CONSTRUCTION 10.72 7.24 3.48 22.50.3906.3 HITCHCOCK, ROBERT & KARLI~ 83.14 42.98 40.16 03/02/2004 43.92 - 20.46.0624.2 HOFFMAN, MICHAEL 101.42 58.74 42.68 03/02/2004 42.68 - 25.05.0722.2 HOLLEY, ANNA 125.36 47.68 77.68 03/17/2004 87.42 - 30.74.1014.3 HOLLOWAY, JERALD K 84.08 40.16 43.92 03/29/2004 46.75 - 24.03.0272.4 HOLMES, MICHAEL & LAURIE 74.08 38.92 35.16 02/2312004 35.16 - 23.01.2700.3 HOLMES, MICHAEL & LAURIE 65.54 50.50 15.04 03/16/2004 82.36 - 31.52.0150.2 HOOPER,CARY 178.88 7.62 111.52 59.74 12/02/2003 30.00 - 23.01.0420.1 HOWARD, TREVIS 76.20 49.10 27.10 02/18/2004 150.00 - 35.35.6032.1 HUBBLE HOMES 25.92 18.52 6.42 .98 30.74.3218.3 HUBER, STEPHANIE 61.40 35.16 26.24 02/24/2004 115.36 - 35.65.0708.1 HUDDLESTON, CODY 157.00 72.76 84.24 03/17/2004 50.00 - 22.51.0510.4 HUNT, WESLEY 43.80 40.04 3.76 03/1712004 35.00 - 20.47.0064.1 HYONG,PAK 46.80 26.80 20.00 03/1512004 21.36. 21.49.1148.1 IDAHO HEATING AND AIR 470.44 143.54 134.34 138.10 54.46 02/2312004 400.00 . 23.02.5820.1 JACKSON,ROBERT 61.52 28.88 32.64 03/15/2004 40.16 - 22.50.4506.1 JACOBSON, BETTY B. 72.68 55.08 17.60 03/10/2004 38.96 - 25.25.0024.1 JEFF MANSHIP 55.28 31.40 23.88 02/1012004 86.68 - 22.50.2096.1 JEFFS, GEORGE & PATTY 64.18 35.30 28.88 03/08/2004 32.64 - 30.74.2400.2 JOHN,CHAD 87.84 40.16 47.68 03/04/2004 47.68 - 22.50.0326.1 JOHNSON, JEANNE & DALLAS 72.68 40.04 32.64 02/27/2004 61.52 - 23.01.2710.2 JOHNSON,MARC 85.26 48.86 36.40 03/17/2004 66.40 - 23.02.1890.3 JOHNSON, STEVE & BARB 63.82 35.30 28.52 03/02/2004 63.00 - 32.32.4938.2 JONES, CATHERINE 46.48 25.12 21.36 02/24/2004 22.34 - 22.51.3088.6 JONES. DAVID 67.34 18.70 22.74 25.90 01/27/2004 26.50 - 36.68.0320.1 JONES. DONALD 57.02 50.20 6.82 03/22/2004 32.36 - 25.25.1024.3 JONES. LINDA 59.93 40.16 19.77 03/08/2004 50.00 - 22.50.2122.2 JONES, WES & CINDY 102.48 66.08 36.40 03/17/2004 75.28 - 22.50.2418.2 JONES, WES & CINDY 140.85 85.38 55.47 03/26/2004 60.00 - 24.03.0828.2 JONES, WESLEY & CYNTHIA 70.32 55.16 15.16 03/10/2004 20.00 - 20.46.0840.4 JUDY, VICTOR 61.10 34.06 27.04 03/16/2004 32.00. 22.50.1586.2 KELSO. BONNIE 12.61 6.96 3.48 2.17 11/24/2003 121.54. 24.04.1204.2 KNIGHT, TIMOTHY 77 .48 27.36 50.12 02/19/2004 77.20 . 20.46.0852.1 KRISHNEK. JOHN 64.48 36.84 27.64 03/11/2004 31.40 - 22.51.3168.1 KUESPERT, PAUL & JANELL 147.20 75.83 71.37 02/25/2004 3.76 - 22.51.3780.2 KUGEL, LISA 76.40 52.30 24.10 04/08/2004 35.00 - 22.50.4642.3 KUGEL, LISA 125.34 75.90 49.44 03/16/2004 50.00 . 22.50.0646.1 LACASA LAVILLA 52.58 33.75 18.83 03/02/2004 18.83 - 22.50.0676.1 LACASA LAVILLA 825.18 438.84 386.34 03/02/2004 397.62 - ... in Msg column indicates no Notice is to be sent /. ( ( CITY OF MERIDIAN Delinquent Account List- cou ncil Page: 4 Standard Payment Customers Apr 20, 2004 04:54pm Current Period: 05/05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20f2004 02/20/2004 01120/2004 Date Amount 22.50.0666.1 LACASA LAVILLA 180.40 108.93 71.47 03/02/2004 387.31 - 22.50.0512.2 LANDER, ANTHONY 131.34 38.54 60.16 26.40 6.24 02/23f2004 55.00 - 22.50.4268.2 LANHAM, PATRICE 82.62 36.18 46.44 02f1712004 165.53 - 24.04.1776.1 LANSING, BUD 146.56 38.64 50.20 57.72 02/17/2004 61 .48 - 22.50.2428.1 LEONARD, DAMON 73.78 66.26 7.52 03/24/2004 50.20 - 36.69.1188.1 LEWIS, CONNIE 62.80 35.16 27.64 02/23/2004 35.16 - 35.35.0306.2 LEWIS, GREGORY & ALLISON 53.24 51.44 1.80 02/25f2004 47.68 - 23.02.4790.2 LIKES, WILMA & CW 40.48 25.12 15.36 03/16f2004 57.64 - 23.02.4070.4 LJ PROPERTIES LLC 64.84 34.73 30.11 02/1712004 41.42 - 23.02.4080.4 LJ PROPERTIES LLC 22.34 11.03 11.31 02f17/2004 26.38 - 23.02.4090.2 LJ PROPERTIES LLC 28.06 16.75 11.31 02/17/2004 33.90 - 23.02.4100.2 LJ PROPERTIES, LLC 93.44 55.81 37.63 02/17/2004 70.56 - 24.04.0926.2 LOCKNER, TIM & KELLEY, LINSI 76.44 43.80 32.64 02/17/2004 72.80 - 37.37.3990.2 LOWMAN. VALKYGIE 71.84 62.72 9.12 04/12/2004 30.00 - 36.69.1556.1 MACE, JEFFREY & BERLENE 149.14 114.12 35.02 04/02/2004 85.00 - 23.02.4480.1 MADRID, JOSEPH F 77.84 38.92 38.92 03f17/2004 41.84 - 22.50.1676.4 MAHATHY,ANTHONY 51.72 35.86 15.86 04f19/2004 31.40 - 22.50.2550.3 MANUS, AN ID GENERAL PARH 192.63 57.55 54.63 80.45 02/17f2004 169.03 - 30.74.2642.1 MANWARING, MARK 66.57 46.44 20.13 04/21/2004 30.00 - 23.02.2300.3 MARINO, JERALD & LAURA ANN 149.46 59.06 28.88 32.64 28.68 01102/2004 40.00 - 24.03.0306.5 MARTINEZ, MARIA 25.41 21.36 4.05 02/09f2004 60.00 - 24.04.1626.1 MAXEY, SHANE & MICHELLE 107.42 72.30 35.12 03/16f2004 54.00 - 36.68.0030.6 MCCABE, MICHAEL & CATHERlt 64.20 36.40 27.80 03f16f2004 65.00 - 36.69.2258.4 MCCANDLESS, DOUG 184.85 184.85 11 f19/2003 40.00 - 25.05.0446.1 MCGRATH, MICHAEL 69.36 55.20 14.16 03fl0/2004 100.00 - 23.02.6270.5 MCKINLEY, JUNE 203.24 77.72 87.72 37.80 03/26f2004 50.00 - 23.02.3892.1 MCNALLEY, RUSSELL 68.38 48.28 20.10 03/22/2004 60.00 - 22.50.2444.1 MCNITT, STEVE & TRACY 67.42 36.02 31.40 03/16/2004 31.40 - 23.01.2730.1 MELLEN. ANGELA 132.42 76.98 55.44 02/24/2004 100.00 - 21.49.0982.1 MERIDIAN SCHOOL DISTRICT 306.74 163.77 142.97 03f22/2004 268.86 - 21.49.1244.1 MERIDIAN SCHOOL DISTRICT 348.84 195.52 153.32 03/22/2004 295.12 - 21.49.0988.1 MERIDIAN SCHOOL DISTRICT 90.90 60.42 30.48 03/22/2004 73.14 - 21.49.0986.1 MERIDIAN SCHOOL DISTRICT 276.72 156.68 120.04 03f22/2004 281.70 - 21.49.1018.1 MERIDIAN TRANSPORTATION 254.78 149.47 105.31 03f22/2004 177.72 - 30.74.3790.1 MERRITHEW, ROBERT 64.40 35.16 29.24 02/23f2004 40.00 - 22.50.3848.1 MEYERS,DAN 81.32 52.20 29.12 03/12/2004 60.00 - 37.37.9998.1 MEYETT, WILLIAM H 21.66 12.30 9.36 01f23/2004 13.28 - 31.52.0352.1 MICRO RAMA LLC 752.44 745.48 6.96 03f29/2004 471.56 - 30.74.3696.1 MILLER, GREGORY & ERICA 80.53 36.40 44.13 02/18f2004 120.00 - 20.46.0406.1 MILLS, TIMOTHY 71.82 46.74 25.08 02/17f2004 80.00 - 20.46.0886.1 MINEGAR, JOHN 79.68 44.52 35.16 02/1112004 77.84 - 24.04.0538.1 MONSON, THOMAS 146.39 62.50 83.89 02118/2004 141.75 - 30.74.1076.1 MOORE, EVELYN 29.84 28.66 .96 04fl2/2004 27.76 - 23.02.0926.3 MOORE, MANDY 72.80 36.40 36.40 02/23f2004 62.64 - 24.04.1634.1 MOORE, RUSSELL C 132.10 63.06 21.36 47.66 02/02/2004 70.00 - 22.50.1994.1 MORGAN, SCOTT & JODI 84.12 47.72 36.40 02/27/2004 32.64 - 24.03.0889.1 MORNING GLORY #2 HOA 10.44 10.44 23.02.3020.2 MORRIS, TRAVIS 56.66 31.54 25.12 03fl0/2004 28.88 - 23.02.5630.2 MORRISON, DWAYNE 68.36 36.40 31.96 02/19f2004 101.00 - 22.50.0748.4 MORRISON, MIKE 53.22 31.86 21.36 01/28/2004 21.36 - 34.34.5034.1 MOXIE JAVA 41.48 15.07 11.31 7.55 7.55 22.50.0262.1 MURRI, SCOTT 39.60 38.08 1.52 03/02/2004 60.00 - 25.25.1104.2 MUSTAGOG, ALBERT 47.76 23.88 23.88 03/09/2004 20.12 - 30.74.3654.3 NAGLE, GEORGE & JUDY 49.24 25.12 24.12 03/16f2004 55.00 - 21.21.9026.2 NAZARI, ALLREXA 52.24 34.64 17.60 ... in Msg column indicates no Notice Is to be sent ( ( CITY OF MERIDIAN Delinquent Account list- council Page: 5 Standard Payment Customers Apr 20, 2004 04:54pm Current Period: 05f05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 20.46.0570.3 NEIL, STEVE 87.72 23.60 20.12 20.12 23.88 01123/2004 59.86 - 24.03.0660.1 NEWHOUSE, RAYMOND & TINA 127.20 121.64 5.56 03122/2004 38.92 - 30.74.0664.1 NIELSON. STEVE 64.16 48.88 15.28 04/06/2004 50.00 - 20.47.1224.2 NYLAND, BRIAN & ANGELA 74.02 46.74 27.28 02/17/2004 36.40 - 23.02.5370.1 ODOM, SHERRY 100.23 80.20 20.03 03103/2004 200.00 - 23.01.1210.2 O'NEAL, GEORGE & JANET 68.92 40.04 28.88 03/15/2004 36.40 - 22.51.3430.2 OVERTON, DAVID 246.31 71.36 174.95 09/23/2003 102.28 - 22.50.1770.2 PALMER, ELDON 110.72 66.17 44.55 03/10/2004 77.82 . 30.74.3970.1 PATE, ERIC & LINDA 70.32 35.16 35.16 03116/2004 42.68 . 22.51.0318.3 PAULIN, BEN 44.64 26.80 17.84 03/23/2004 25.00. 30.74.0406.3 PEARCE, JOCELYN 61.60 58.96 2.64 03/18/2004 66.40 - 37.72.0118.3 PEREZ, ARIEL 48.98 42.68 6.30 03/17/2004 75.00 - 20.47.1110.3 PIERCE, WILLIAM & LAURA 68.70 48.54 20.16 04/20/2004 50.00 - 22.51.4010.4 PIONEER FINANCE, LLC 43.42 22.06 21.36 24.04.1412.1 PLUMLEY, RODNEY & M. NAOM 72.04 70.24 1.80 04/13/2004 90.00 - 24.03.0028.1 POGUE, DOUGLAS 38.92 35.16 3.76 03102/2004 35.16 - 22.50.1206.1 PONDEROSA PAINT 642.08 311.48 330.60 02123/2004 244.12. 25.25.0054.2 POPEL, LAURIE 55.28 27.64 27.64 03/09/2004 27.64 - 37.72.0136.5 PORGES, JUDITH 72.16 28.88 32.64 10.64 02/06/2004 22.00 - 23.02.0460.1 POTTER, MICHAEL & CONNIE 81.98 53.10 28.88 03/08/2004 54.00 - 35.35.0081.3 PRELLWITZ, RODNEY & BARBAI 57.76 28.88 28.88 03/16/2004 55.12 - 36.69.1620.2 PRE-SETTLEMENT FINANACING 40.24 20.12 20.12 02/2712004 23.88 - 23.01.0100.2 PYLICAN, WOODROW A. 131.29 131.29 02/18/2003 45.26 - 31.52.0302.1 R T NAHAS FURNITURE STORE. 100.46 59.63 40.83 03/16/2004 44.59 - 30.74.0902.2 RACK HAM, LARRY 99.99 23.33 50.39 26.27 02/18/2004 44.70 - 24.04.1838.3 RADICAN, DONALD & CYNTHIA 83.04 50.86 32.38 0211712004 73.00 - 23.23.3490.2 RAYBORN,ROBERT 81.32 42.00 39.32 02123/2004 41.00 - 20.46.0200.1 READ, TERRY & SUSAN 38.14 37.26 .88 03/25f2004 28.00 - 30.74.0392.2 REES, ARTHUR 49.42 32.64 16.78 02/03/2004 40.98 - 25.05.0720.2 RICHARDSON. HARRY & LORI 135.52 64.00 71.52 03/09/2004 86.56 - 30.30.6106.1 RIVERWOOD HOMES 21.08 17.60 3.48 03/31f2004 17.60 - 37.37.3238.1 RIVERWOOD HOMES INC. 35.20 17.60 17.60 03f31f2004 17.60 - 22.50.0258.4 ROBBINS, ELLEN 56.82 35.30 21.52 0310812004 40.00 - 22.50.0256.2 ROBBINS, ELLEN 74.90 58.34 16.56 03f08/2004 60.00 - 22.50.2432.2 ROBERTS, BOB 56.12 55.24 .88 04/19/2004 50.00 - 25.05.0164.1 ROBINSON. CAL & COLLEEN 104.16 57.72 46.44 03/16/2004 84.04 - 22.51.3214.2 ROEHR, CLINT 72.85 49.52 23.33 02112/2004 75.00 - 20.46.0470.2 ROQUE. ANTONIO & JOSEFINA 86.38 51.22 35.16 02/26/2004 65.16 - 31.52.1644.1 ROY ENTERPRISES LLC 210.42 108.97 101.45 03/15f2004 108.97 - 23.02.4350.1 SABLE, CHERYL 57.76 28.88 28.88 02/27f2004 61 .52 - 24.04.0548.2 SAUER, DAVID 117.52 52.36 65.16 02/25f2004 116.46 - 35.65.0872.4 SCHILD, LES 17.74 9.36 8.38 03/16/2004 9.36 - 30.74.0382.2 SCHILDHAUER, YOLANDE 70.32 38.92 31.40 03f15/2004 38.92 - 32.32.4910.1 SCOTT TUTT 28.24 17.60 10.64 03/1512004 24.84 - 24.04.2294.3 SCOTT, STEVEN & LORI 176.72 35.16 141.56 03/1612004 45.00 - 35.35.2392.2 SEMMER, CHAD & MARY 65.28 36.40 28.88 02/19/2004 80.32 - 30.74.0322.2 SHELDON, PAM 74.68 51.44 23.24 04109/2004 50.00 - 22.50.3694.3 SHELTRON. ROGER 89.38 61.74 27.64 03101f2004 31.40 - 22.50.1910.4 SHEL TRON. ROGER 114.42 70.50 43.92 03/17f2004 73.92 - 22.50.0292.1 SHOEMAKER. T AMI 157.66 50.50 43.92 47.68 15.56 04/06f2004 78.00. 23.01.2760.1 SIEGEL. ROSALIE 52.22 28.34 20.12 3.76 04/06/2004 20.12 - 30.74.3096.1 SIGMOND, SERGIO 111.60 42.68 68.92 03/15/2004 50.20 - 23.02.2500.1 SILVA, JOSEPH 98.60 98.06 .54 04/08/2004 83.00 - 20.47.1216.2 SIMMONS. JILL 58.04 42.56 15,48 03/1112004 40.00 - 37.37.3884.1 SLADICH, LAWRENCE 10.72 7.24 3,48 ... in Msg column indicates no Notice is to be sent ,. . ( r CITY OF MERIDIAN Delinquent Account List- cou ncil Page: 6 Standard Payment Customers Apr 20, 2004 04:54pm Current Period: 05f05/2004 No Delinquent Minimum AmountDelinquent Balance Las! Pmt Last Pml Cust No Name Balance Non-Delinq 03/20/2004 02120/2004 01/20/2004 Date Amount 22.51.3660.1 SLAY, LAWRANCE 310.01 79.44 86.03 144.54 03/10/2004 52.26 - 23.01.1020.1 SLAY, LAWRANCE 69.24 42.00 27.24 03/10/2004 48.50 - 23.02.3962.4 SLENDER, LEONARD & BOSWEI 54.80 49.68 5.12 03/2212004 20.00. 30.74.1086.3 SLYTER, GORDON 106.60 63.92 42.68 03/15/2004 53.96. 22.51.0498.1 SMITH, KARL 65.40 65.04 .36 04/06/2004 25.00 - 24.03.0038.2 SPANGENBERG. TODD 42.72 21.36 21.36 03/09/2004 25.12 - 23.02.0180.2 SPANGLER, STEVE 51.92 26.80 25.12 03/16/2004 51.45 - 36.69.1640.2 SPENCER, SHIRLEY 83.22 53.96 29.26 02113/2004 37.30 - 30.74.2428.5 SPRONG, RICHARD .50 .50 02/23/2004 157.22 - 30.74.0404.1 STOUT, DAVID L 83.21 28.88 28.88 25.45 10107/2003 150.00. 36.69.0186.1 STRAWN. CHRISTOPHER 67.78 33.92 33.86 03/1212004 45.20 - 22.50.1754.2 STRICKARSKIY, ALEX & NADIA 38.68 21.08 17.60 03/01/2004 28.88 - 36.69.0484.6 TADEVIC, TOM 156.72 61.48 95.24 03/2212004 76.52- 22.51.0906.1 TAGGART, RET A 113.88 54.92 58.96 03/0212004 74.00 - 23.02.4960.1 TATMAN, CHRISTY 53.96 50.20 3.76 03/11/2004 53.96 - 22.50.1020.1 TECOINVESTMENTS 67.14 61.78 5.36 04/15/2004 90.00. 20.47.0052.4 TENNANT, ROBERT & CONNIE 147.16 66.84 43.92 36.40 03/04/2004 43.92 - 24.03.9836.2 TERRACE PlAZA L.L.C. 151.15 150.85 .30 03/16/2004 93.63 - 23.02.1190.1 TERRELL, A 64.18 35.30 28.88 03/08/2004 66.40 - 29.07.0776.2 THOMASON, JEFFRERY 80.28 76.52 3.76 03/1612004 46.44 - 22.51.0338.3 THOMPSON. KEN 53.88 32.52 21.36 02/18/2004 47.60 - 30.74.3234.4 THOMSEN, LORIE 73.08 51 .44 21.64 03/08/2004 33.26 - 24.03.0606.3 T J INVESTMENTS 97.92 17.60 36.40 43.92 01/14/2004 40.16 - 30.74.2520.1 TOLAND, DAVID 46.82 46.44 2.38 03/2212004 70.00 - 36.69.1658.1 TOM WEIGLE & SONS CONSTRI 6.96 3.48 3.48 23.02.3842.1 TRAVIS, ROYAL 67.02 49.42 17.60 02105/2004 17.60 - 35.35.7838.1 TREASURE VALLEY PEDIATRIC: 243.48 169.86 73.62 04/14/2004 50.00 - 30.74.2386.2 TUPPER, PAXTON & APRIL 151.96 151.72 .24 04/06/2004 84.00 - 22.51.3086.6 U.S DEPT OF HOUSING 167.70 167.70 04/25/2003 66.02 - 22.51.1142.2 VANBRAGT, MICHAEL & ALLY 72.54 31.03 11.31 7.55 22.65 10/21/2003 7.55 - 22.51.1144.2 VANCE, JIM & DERRIAN 60.09 11.03 7.55 7.55 33.96 22.50.0136.3 VICTORY, CHRIS 96.50 78.90 17.60 03/17/2004 34.65 - 23.02.1860.3 VICTORY, CHRISTOPHER 112.32 62.56 49.76 03/17/2004 127.00. 30.74.3788.2 VINCENNES INVESTMENTS LLC 94.32 55.20 39.12 04/08/2004 25.00 - 22.51.3094.2 VNUK, JOHN 86.70 35.70 26.50 26.50 01/07/2004 109.51 - 35.35.5017.2 WAGEMAN, CLINT 97.78 43.92 53.86 03/17/2004 90.00 - 23.01.2310.2 WALKER, BETTE 106.79 85.83 20.96 03/17/2004 45.00 - 23.02.3200.3 WALKER, NOLAN & STATEN, RE 93.76 57.36 36.40 03f08/2004 47.68 - 20.46.0860.2 WALMER, TAMMY JO 110.08 52.04 58.04 02119/2004 100.00 - 23.D1.3340.1 WALSH, RON 136.52 136.52 01/16/2002 29.17 - 22.51.3310.2 WEBB, MICHAEL 45.82 39.49 6.33 04/19/2004 22.00 - 23.01.1110.2 WEST. JONI 51.92 26.80 25.12 02123/2004 21 .36 - 23.02.5710.1 WESTCOTT, RICHARD G 54.00 25.12 28.88 02123/2004 28.88 - 30.74.3122.1 WESTERBERG,STEVEN 56.76 38.92 17.84 03/17/2004 60.00 - 35.35.0067.2 WHEELER, JOSHUA & HEIDI 103.04 42.68 46.44 13.92 02127/2004 38.92 - 24.04.1618.2 WHIPPLE, JASON 105.04 98.28 6.76 03/08/2004 66.00 - 30.30.6060.2 WILLIS, SARAH 61.52 36.40 25.12 0211712004 36.40 - 24.03.0316.2 WILSON, RUSSELL 39.32 38.92 .40 03/16/2004 100.00 - 30.74.0094.4 WINWOOD, RANDY & CATHLEEI 87.94 43.92 43.92 .10 03/08/2004 55.00 - 25.25.1040.3 WOLDEGOBREAL, LULU 84.08 43.92 40.16 03/17/2004 47.68 - 22.50.2426.1 WYATT, SAMUAL 70.12 66.68 3.44 04/06/2004 47.66 - 30.74.0372.3 YELTON, LAURA 57.76 32.64 25.12 03/09/2004 58.96 . 23.02.0680.1 YOUNG, AUSTIN L 98.62 58.32 40.30 04/02/2004 70.30. 32.32.4100.2 YRAGUEN, JOHN & NICOLE 94.04 51.60 42.44 03/11/2004 62.72 . 22.50.3784.1 ZAVALA. JOSE 74.96 45.92 29.04 03/12/2004 40.00 - ... in M s9 column indicates no Notice is to be sent ( ( CITY OF MERIDIAN Delinquent Account List. council Standard Payment Customers Current Period: 05/05/2004 No Delinquent Minimum AmountDelinquent Balance Page: 7 Apr 20, 2004 04:54pm Cust No Name Balance Non-Delinq 03/20/2004 02120/2004 01/2012004 Last Pmt Date Last Pmt Amount Grand Totals: 32,086.20 17,171.35 11,028.97 1,916.16 1,969.72 Report Criteria: Terminated customers not included Customer.Cust No ()" {<} 880000001 Customer.BiIl Cycle" 1 n. in Msg colu mn indicates no Notice is to be sent April 15, 2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT April 20, 2004 ITEM NO. ~ REQUEST Executive Session per Idaho State Code 67-2345( 1) (c) 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: <1t~ r#(/V rv\J Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pubUc meetings shalf become property of the CIty of Meridian. WHITE PETERSON ATTORNEYS AT LAW KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, III T. GUY HALLAM .. JILL S. HOLINKA JOlIN R. KORMANIK · WILLIAM A. MORROW WILLIAM F. NICHOLS .. WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKUN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRlSTOPHERS. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE'" · Also admitted in CA .. Also admitted in OR ... Also admitted in W A May 19,2004 William G. Berg, J r. City Clerk 33 East Idaho Street Meridian, Idaho 83642 R,ECEIVED MAY 2 .J 2004 C~itv OfIv1eridian Ci(v Clerk Office Re: SUNDANCE LIMITED COMPANY, LLC I SUNDANCE PLACE SUBDIVISION NO. 3/ FINAL PLAT - (FP-04-023) 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. dc\Z;\Work\M\Meridian\Meridian 15360M\Sundance Place Sub No.3 FP 04-023\ClerkFPltr 0519 04.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SUNDANCE LIMITED COMPANY, LLC, FOR APPROVAL OF SIXTY-ONE (61) SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND TWO (2) COMMON LOTS ON 17.27 ACRES IN AN R~8 ZONE, LOCATED APPROXIMATEL Y ~ MILE NORTH OF W. USTICK ROAD IN THE SW y.. OF SECTION 31, TAN., R.IE. C/C 04/20/04 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-04-023 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 April 20, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: April 20, 2004, to the Mayor and Council, and that Anna Powell, Planning Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SUNDANCE PLACE SUBDIVISION NO. 3 LOCATED IN THE NE Y.t OF THE SW Y.t OF SECTION 31 TAN., R.lE., B.M., MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE SUBDIVISION NO.3 I (FP-04~023) Page 1 of5 COUNTY, IDAHO, 2004, HANDWRITTEN DATE: DATED 03/19/04, SUNDANCE LIMITED COMPANY, L.L.C., DEVELOPER, IDAHO FALLS, ID, JOB NO. 40105 SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP, EAGLE, IDAHO, IDAHO SURVEY GROUP, MERIDIAN, IDAHO, 03/19/2004", Sundance Limited 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 for the Planning and Zoning Department, dated: Hearing Date: April 20, 2004, listing 13 SITE SPECIFIC COlv1MENTS / FINAL PLAT and 8 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, a true and correct copy of a response letter from Engineering Solutions, LLP, which is attached hereto marked Exhibit 'B', consisting of two pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 20, 2004 meeting as follows, to-wit: 1.1 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 quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FWAL PLAT FOR SUNDANCE PLACE SUBDIVISION NO.3 I (FP-04-023) Page 2 of5 preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division OfEnviromnentaI Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.2 Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the White Drain (parkins Nourse Drain). A 30' easement is required. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of and S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. 7. These developments fall within the SID boundary. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE SUBDIVISION NO.3 / (FP-04-023) Page 3 of5 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 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 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 (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 OIU day of Arri \ , 2004. B~ ~~y 'ty of ~eridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE SUBDIVISION NO.3 I (FP-04-023) Page 4 of5 / 1 \\\\\1I1IIIrlll/ ",\ - ~fl"'" III "'\\'..1 0\- '/1t:.F//D 111// ..:~~'C<" ' ~A :'/~ ~. (1' '."'-O?-.P..OFV.lh 'V ~ .c "4,{-J' ~^ ~ ".:,.~ V::. - . Sl?j\L :: \"'7. .k.\.... (') = c., ry,O::: .~'.'? . iQU f,,-~...O ~ W'll' G B J C' CI k ....... ~O :Sr 15\ . '<." :,' I lam. . erg, r., I r .;.... ~1 ^~ ,,'':' ."/. Or, \'V \" '/. '.-U"'Yf'{, \,\ ///j Jv.~ \\\ Copy served upon Applicant, the Planning/MdZ~ni'i1g Department, Public Works Department, and City Attorney. ' Attest: By: (~\Q , ~ (Juy\- Dated: iY\~ ;:J~ I dC04- Dc\Z:\Work\M\Meridian\Meridian 15360M\Sundance Place Sub No.3 FP 04-023\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE SUBDIVISION NO.3 / (FP-04-023) Page 5 of5 MAYOR Tammy de Weerd ~~ /C1TYOF '-/Vlerldian " " V \I ,~ IDAHO .~ ,\\-j .y "'~ P ,';;;0,....' ,.,- ~~ . ~../() ~~LI1c,'\SunE ~ 'i ,,,'": :::;;"~ ~, 190" CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird William LM. Nary Shaun Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: Hearing Date: April 20, 2004 To: Mayor & City Council From: (il{ Sonya Allen, Assistant City Planner;) Bruce Freckleton, Engineering Tech ill ~ SUNDANCE PLACE SUBDIVISION NO.3 Re: Request for Final Plat Approval of Sun dance Place Subdivision No.3, Consisting of Sixty-one (61) Single-family Residential Building Lots and Two (2) Common Lots on 17.27 Acres in an R-8 Zone by Sundance Limited Company, LLC (File No. FP-04-023). 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 third phase of Sundance Place Subdivision and consists of 61 single-family residential building lots and 2 common (landscaping/open space/drainage) lots on 17.27 acres in an R-8 zone. The gross density of Phase NO.3 is approximately 3.53 dwelling units/acre. The net density is approximately 4041 dwelling units/acre. The final plat for this phase complies with the approved preliminary plat. Staff recommends approval for Sundance Place Subdivision No. 3 with the comments and conditions stated in this report. LOCATION This phase of Sundance Place Subdivision is located approximately ~ mile north ofW. Ustick Road in the SW ~ of Section 31, TAN., R IE. Exhibit < A' Page 1 of 4 Mayor & City Council Hearing Date: April 20, 2004 Page 2 of 4 SITE SPECIFIC REOUlREMENTS 1. Applicant shall meet all terms of the approved Annexation (AZ-02-016) and Preliminary Plat (pP-02-010). 2. The pressurized irrigation system within this development is to be owned and maintained by the Sundance Place 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. 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. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approval. Staff notes that the irrigation district referenced in the application names Nampa & Meridian Irrigation District in error. This development is within the Settler's Irrigation District. 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. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. Please add or revise the following plat notes: (10.) Include instrument number for blanket easement. 6. Fencing is approved as shown on the landscape plan dated 3/23/04 (Sheets L-I & L-2) prepared by The Land Group, Inc. Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height if sight obscuring material is used or 4-feet in height if non-sight obscuring material is used. Exhibit < A' Page 2 of 4 Mayor & City Council Hearing Date: April 20, 2004 Page 3 of4 7. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 8. The landscape plan dated 3/23/04 (Sheets L-l & L-2) prepared by The Land Group, Inc. is approved as submitted. 9. 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. 10. Provide a blow-up detail of the lot pin configuration at the southwest comer of Lot 30, Block 5. It appears that there are two pins within 3.21' of each other. 11. Provide a 30-foot wide easement across the north side of Lot 40, Block 5, and a 20-foot wide easement across the north side of Lot 34, Block 5, to provide a total of 3D-feet in width for the Nourse-Parkins Lateral as required by the Settler's Irrigation District. Adjust lot line as necessary in order to ensure that Lots 34-40 are buildable. 12. Drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all stonns up to and including a lOO-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) 13. Sta.fP s failure to cite specific ordinance provisions or terms of the approved annexation or 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. One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Pinal design locations and quantity are determined after power designs are completed by Exhibit 'A' Page 3 of 4 Mayor & City Council Hearing Date: April 20, 2004 Page 4 of4 Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior 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. 5. Sewer and water mains shall be extended to and through the proposed development, thereby making the 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 nonnal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 8. Provide sidewalks in accordance with the MCC. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sundance Place Subdivision NO.3 with the above stated comments & conditions. Exhibit · A' Page 4 of 4 E~~~f!}!S: 150 East Aikens Street, Suite B Eagle, ID 83616 Phone; (208) 938~0980 Fax: (208) 938-0941 E-mail: es-beckym@qwest.net April 16,2004 RE(jEIV'ETJ APR 1 6 2004 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ill 83642 City Of IvIeridian City Clerk Office Re: Sundance Place Subdivision No.3 (Final Plat) File No. FP-04-023 Dear Mayor and Council: We have reviewed staff comments for the hearing date of April 20, 2004, and have the following responses: SITE SPECIFIC REQUIREMENTS 1. The applicant will meet all terms of the approved annexation (AZ-02-016) and preliminary plat (PP -02-010). 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The note will be revised as requested. 7. The applicant will comply. 8. Approval ofthe landscape plan dated 3/23/04 is noted. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will add the 30-foot-wide easement. C:\Documents and Settings\greent\Loca! Settings\Tempofaty Internet Files\OLK18 8\RecsResponse! .doc Exhibit "B" I of Z. Mayor and City Council April 16, 2004 Page 2 12. The applicant will comply. 13. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant's engineer will provide the certification. 7. The applicant will comply. 8. The applicant will comply. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay Partner BM:ss cc: Mr. Eric Guanell C:\Documents and SeUings\grecnt\Local Settings\Tempomry Intemet Files\OLK188\RecsResponsel.doc Exhibit "B" 2.';2 ( EIVED MAY 26 2004 WHITE PETERSON City Of Meridian City Clerk Office ATTORNEYS AT LAW KEvIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY.]J[ T. GUY HALLMI ** JILL S. HOLlNKA JOHN R. KORMANIK * WILLIAM A. MORROW WILLIAM F. NICHOLS ** WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-790 I TEL (208)466-9272 FAX (208) 466-4405 CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE *** * Also udmiued in CA ** Also admitted in 0 R *** Also admitted in W A May 26, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: SUNDANCE LIMITED COMPANY, LLC / SUNDANCE PLACE SUBDIVISION NO.2 / FINAL PLAT - (FP-04-022) 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 trul y yours, Wm. F. Nichols DCZ;\ Work\M\Melidian\Meridian 15360M\Sundance Place Sub No.2 FP 04-022\ClcrkFPltr 05 19 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 04120/04 IN THE MATTER OF THE ) APPLICATION OF SUNDANCE ) LIMITED COMPANY, LLC,FOR ) APPROVAL OF 31 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 2 COMMON ) (LANDSCAPING/OPEN ) SP ACEIDRAINAGE) LOTS ON 8.99 ) ACRES IN AN R-8 ZONE., ) LOCATED ~ MILE NORTH OF W. ) USTICK ROAD IN THE SW ~ OF ) SECTION 31, TAN., R.IE. ) ) CASE NO. FP-04-022 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 April 20, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: April 20, 2004, to the Mayor and Council, and that Anna Powell, Planning Director for the Planning and Zoning Department, and Becky McKay, for Engineering Solutions, LLP, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE SUBDIVISION NO. 2/ (FP-04-022) Page 1 of6 1. The Final Plat of "PLAT SHOWING SUNDANCE PLACE SUBDIVISION NO.2 LOCATED IN GOVERNMENT LOT 3 AND THE NE ~ OF THE SW ~ OF SECTION 31 TAN., R.IE., B.M. MERIDIAN, ADA COUNTY, IDAHO, 2004, HANDWRITTEN DATE: DATED 03/19/04, SUNDANCE LIMITED COMPANY, L.L.C., DEVELOPER, IDAHO FALLS, ID, JOB NO. 40104 SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP, EAGLE, IDAHO, IDAHO SURVEY GROUP, MERIDIAN, IDAHO, 03/1912004", Sundance Limited 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 Teclmician III, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: April 20, 2004, listing 12 SITE SPECIFIC COMMENTS / FINAL PLAT and 8 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 April 20, 2004 meeting as follows, to-wit: 1.1 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 quality; that engineers and architects should obtain current best management practices for storm water disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE SUBDNISION NO. 2/ (FP-04-022) Page 2 of6 preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.2 Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the White Drain (Parkins Nourse Drain). A 30' easement is required. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to constmction of and S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. 7. These developments fall within the SID boundary. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE SUBDIVISION NO.2 / (FP-04-022) Page 3 of 6 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 REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action 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 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 OJ O-fh day of Arf(i) , 2004. d eerd ity of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE PLACE SUBDNISION NO.2! (FP-04-022) Page 4 of6 Attest BY;~\iL ,~ a JIl ) Dated: "JU,nL \, ;le04- ORDER OF CONDITIONAL APPROVAL OF FmALPLATFOR SUNDANCEPLACE SUBDIVISION NO. 2/ (FP-04-022) Page 5 of6 Dc\Z:\Work\M\Meridian\Meridian 1 5360MlSundance Placc Sub No.2 FP 04-022\OrderFP.doc ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR SUNDANCE PLACE SUBDIVISION NO.2! (FP-04-022) Page 6 of6 ;: i;. MAYOR Tammy de Weerd f""'-... P r CITY OF_ """'::"'~'~'. ' \..JVLerldicrn to'; CITY HALL (208) 888-4433 - Fax 887-48 [3 PUBLIC WORKS BUILDfNG DEPARTMENT (208) 887-22[ 1 - Fax 898-955 [ CITY COUNCIL MEMBERS Keith Bird William L.M. NOll)' ShaUll Wardle Charles M. Roulltree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: Hearing Date: April 20, 2004 To: Mayor & City Council From: Sonya Allen, Assistant City PlannerJti Bruce Freckleton, Engineering Tech III ~ SUNDANCE PLACE SUBDIVISION NO.2 Re: Request for Final Plat Approval of Sundance Place Subdivision No.2, Consisting of Thirty-one (31) Single-family Residential Building Lots and Two (2) Common Lots on 8.99 Acres in an R-8 Zone by Sundance Limited Company, LLC (File No. FP-04-022). 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 second phase of Sundance Place Subdivision and consists of 31 single-family residential building lots and 2 common (landscaping/open space/drainage) lots on 8.99 acres in an R-8 zone. The gross density of Phase No.2 is approximately 3.45 dwelling units/acre. The net density is approximately 4.43 dwelling units/acre. The final plat for this phase complies with the approved preliminary plat. Staff recommends approval for Sundance Place Subdivision No.2 with the comments and conditions stated in this report. LOCATION This phase of Sundance Place Subdivision is located approximately lh mile north of W. Ustick Exhibit' A' Page 1 of 4 Mayor & City Council Hearing Date: April 20, 2004 Page 2 of 4 Road in the SW V40f Section 31, TAN., R.1E. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved Annexation (AZ-02-0] 6) and Preliminary Plat (PP-02-0l0). 2. The pressurized Imgation system within this development is to be owned and maintained by the Sundance Place 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. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas plior to signature on the final plat by the Meridian City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approval. Staff notes that the irrigation district referenced in the application names Nampa & Meridian Inigation District in error. This development is within the Settler's Irrigation District. 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. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and tlrrough this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. Fencing is approved as shown on the landscape plan dated 3/23/04 (Sheet L-1) prepared by The Land Group, Inc. Fencing within 20 feet of all public right of ways shall be no taller than 3-feet in height if sight obscuring material is used or 4-feet in height if non-sight obscuring material is used. Temporary construction fencing will be required along the eastern boundary unless fencing exists at the subdivision boundary. Exhibit' A' Page 2 of 4 Mayor & City Council Hearing Date: April 20, 2004 Page 3 of4 6. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7. The landscape plan dated 3/23/04 (Sheet L-1) prepared by The Land Group, Inc. IS approved as submitted. 8. Graphically depict a 5-foot wide public utility, drainage and irrigation easement along the east side of Lot 1, Block 7. 9. Complete the recording information for Sundance Place Subdivision No.1 on the face of the plat and in the Certificate of Owner's. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 11. Drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) 12. Staffs failure to cite specific ordinance provisions or terms ofthe approved annexation or 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 confinnation 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 (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined 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. Exhibit 'A' Page 3 of 4 Mayor & City Council Hearing Date: April 20, 2004 Page 4 of 4 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. 5. Sewer and water mains shall be extended to and through the proposed development, thereby making the 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 nonnal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 8. Provide sidewalks in accordance with the MCC. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sundance Place Subdivision No. 2 with the above stated comments & conditions. Exhibit 'A' Page 4 of 4 ( HIE EIVED APR 1 4 2004 interoffice MEMORANDUM City Of Mer-iclian City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Chesterfield Subdivision (AZ-03-037) Date: April 14, 2004 Will: Please find attached the original of the ORDER OF REMAND TO PLANNING AND ZONING, pertaining to the above matter. Please note this application was remanded back to Planning and Zoning at the City Council meeting held on March 23,2004. The Order is now ready to be placed upon an upcoming City Council agenda. This Order should be approved first before approving the corresponding Orders on Preliminary Plat PP-03-046, and Conditional Use Permit CUP-03-070. Ifyoil have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M'Chesterfield Sub AZ-03'{}37 PP'{}3'{}46 CUP.{}3.{}70 Remand back to PZ\Berg Remand AZ Memo 04 14 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REMAND TO ) PLANNING AND ZONING FOR THE ) APPLICATION OF CHESTERFIELD ) SUBDIVISION OF 46.4 ACRES TO R-8, ) LOCATED ON PINE STREET, ) APPROXIMATELY Yi MILE NORTH OF ) FRANKLIN ROAD AND Yi MILE WEST OF ) TEN MILE ROAD, MERIDIAN, IDAHO ) ) BY: CENTENNIAL DEVELOPMENT, LLC ) APPLICANT ) ) C/C 03-23-04 CASE NO. AZ-03-037 ORDER OF REMAND TO PLANNING AND ZONING This matter having come before the City Council on March 23,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the Council having received the Recommendations from Planning and Zoning, and additionally having heard testimony at the March 23, 2004 meeting from Anna Powell Planning Director for the Planning and Zoning Department, Kevin Arnar, Judy Schweiger, Rick Jensen, and Tom Noll, and due to the present design of the project, the Applicant shall re-design this project to address the design of the lots (to provide for a mixture oflot sizes, frontage widths, and a variety of housing types throughout the development), additionally address the location ofthe amenities and open space, as well as incorporate the internal roadway system with the overall design ofthe project, and being fully advised in the premises issues the following Decision and Order. ORDER GRANTING REMAND TO PLANNING AND ZONING AZ~03-037 Page 1 of3 DECISION AND ORDER GRANTING ORDER OF REMAND TO PLANNING AND ZONING Based upon the above and foregoing correspondence, testimony, and due to the present design of the project, the Applicant shall re-design this project to address the design of the lots (to provide for a mixture oflot sizes, frontage widths, and a variety of housing types throughout the development), additionally address the location of the amenities and open space, as well as incorporate the internal roadway system with the overall design of the project, IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the City Council is based upon the finding that the present development design does not adequately provide for a mixture of lot sizes, frontage widths, nor a variety of housing types throughout the development; that the present amenities and open spaces are not adequate; and that the internal roadway system needs to be planned with the overall design of the project in mind, therefore the Applicant will need to re-design this project to address the above issues, and thus this application should be remanded back to the Planning and Zoning Commission. 2. This matter is remanded back to the Planning and Zoning Commission for further action in accordance with this decision. By action ofthe City Council at its regular meeting held on the 20-fb-daYOf /1rJ t ,2004. ROLL CALL: COUNCILMAN WARDLE Voted ~ COUNCILMAN NARY Voted yet<.- ORDER GRANTING REMAND TO PLANNING AND ZONING AZ-03-037 Page 2 of3 COUNCILMAN ROUNTREE Voted ~v COUNCILMAN BIRD Voted~ MAYOR TAMMY de WEERD (Tie Breaker) DATED: 4--Jv-01- --- Voted MOTION: APPROVED: X By:Jk?-"~-/}~+ J 9-- City Clerk y Copy served upon Applicant, the Planning and Zoning Department, Public Works Dep.~l\tm6n1l11111 \\\ liS III and the City Attorney. ,"\\..J Of mER//) II111 ":\~ ~........ -":'....... c} i\PO~ A ~ 'l~ ~~cP ''''l?c S g ~ 0 % Dated: ~-- 21-tJl-~ - - ORDER GRANTING REMAND TO PLANNING AND ZONING AZ-03-037 Page 3 of3 ( REC.EIVE APR 'I 4 2004 Interoffice City Of Meridian City Clerk Office MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Chesterfield Subdivision (CUP-03-070) Date: April 14, 2004 Will: Please find attached the original of the ORDER OF REMAND TO PLANNING AND ZONING, pertaining to the above matter. Please note this application was remanded back to Planning and Zoning at the City Council meeting held on March 23, 2004. The corresponding AZ-03-037 Order should be approved first, then the PP-03-046 Order, and then this CUP-03-070 Order will be approved last. This CUP-03-070 Order is now ready to be placed upon an upcoming City Council agenda. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M'Chestemeld Sub AZ-OHJ37 PP-03-046 CUP-03-070 Remand back to PZ\Berg Remand CUP Memo 04 1404.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REMAND ) TO PLANNING AND ZONING FOR ) THE APPLICATION OF CHESTERFILED ) SUBDIVISION LOCATED ON PINE STREET, ) APPROXIMATELY ~ MILE NORTH OF ) FRANKLIN ROAD AND % MILE WEST OF ) TEN MILE ROAD, MERIDIAN, IDAHO ) ) ) ) ) BY: CENTENNIAL DEVELOPMENT, LLC APPLICANT C/C 03-23-04 CASE NO. CUP-03-070 ORDER OF REMAND TO PLANNING AND ZONING This matter having come before the City Council on March 23,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the Council having received the Recommendations from Planning and Zoning, and additionally having heard testimony at the March 23, 2004 meeting from Anna Powell Planning Director for the Planning and Zoning Department, Kevin Amar, Judy Schweiger, Rick Jensen, and Tom Noll, and due to the present design of the project, the Applicant shall re-design this project to address the design of the lots (to provide for a mixture oflot sizes, frontage widths, and a variety of housing types throughout the development), additionally address the location of the amenities and open space, as well as incorporate the internal roadway system with the overall design ofthe project, and being fully advised in the premises issues the following Decision and Order. ORDER GRANTING REMAND TO PLANNING AND ZONING CUP-03-070 Page 1 of3 DECISION AND ORDER GRANTING ORDER OF REMAND TO PLANNING AND ZONING Based upon the above and foregoing correspondence, testimony, and due to the present design of the project, the Applicant shall re-design this project to address the design of the lots (to provide for a mixture oflot sizes, frontage widths, and a variety of housing types throughout the development), additionally address the location of the amenities and open space, as well as incorporate the internal roadway system with the overall design of the project, IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the City Council is based upon the finding that the present development design does not adequately provide for a mixture oflot sizes, frontage widths, nor a variety of housing types throughout the development; that the present amenities and open spaces are not adequate; and that the internal roadway system needs to be planned with the overall design of the project in mind, therefore the Applicant will need to re-design this project to address the above issues, and since the corresponding Case No. AZ-03-037 is being remanded, this application should be remanded as well. 2. This matter is remanded back to the Planning and Zoning Commission for further action in accordance with this decision. NOTICE OF FINAL ACTION Please take notice that this a final action ofthe governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the remand of the preliminary plat 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 GRANTING REMAND TO PLANNING AND ZONING CUP-03-070 Page 2 of3 By action of the City Council at its regular meeting held on the "'7_* ?IV ~ day of /!;wI? ,2004. ROLL CALL: COUNCILMAN WARDLE Voted~ COUNCILMAN NARY Voted~ COUNCILMAN ROUNTREE Voted~ COUNCILMAN BIRD Voted~ MAYOR TAMMY de WEERD (Tie Breaker) DATED: /f"'-;V-01- Voted MOTION: APPROVED: X- I {! weel-d.. - /h4~ DISAPPROVED: Copy served upon Applicant, the Planning an~~oning Department, Public Works Department . \\\\lil 1/1111 and the Clty Attorney. \\\\\ Of MEr'>':""'1 ,,\ ~ ii/V/. 1/, .$- '():0 no;;:-" '11/' /"'r". " o?\r 'V1/,;~ ~ 2' ~G (:'0 ~ ~ ~ : SEAL ~aed:}~-Z!-t74-- S ~ "cti 0.::: S"?A u..r::;r1si. .:t: .~~ -;. v~ <;>. " // -y ,-0' V "'/ Co ,v,, ~~II . -t... t'r~rr'l ~ ~ \.\,-' 1'1/.", . ., \\\' Z:\Work\M\Meridian\Meridian I 5360M\Chesterfield Sub AZ-63~037' PP-D3-046 CUP-03-070 Remand back to PZ\Order Remanding CUP to PZ CUP-03-070.doc ORDER GRANTING REMAND TO PLANNING AND ZONING CUP-03-070 Page 3 of3 R1JCEIVED APR 1 4 2004 Interoffice City Of Meridian City CIerl, Office MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Chesterfield Subdivision (PP-03-046) Date: April 14, 2004 Will: Please find attached the original of the ORDER OF REMAND TO PLANNING AND ZONING, pertaining to the above matter. Please note this application was remanded back to Planning and Zoning at the City Council meeting held on March 23,2004. The corresponding AZ-03-037 Order should be approved first before this PP-03-046 Order, and then the corresponding CUP-03-070 Order will be approved last. This PP-03-046 Order is now ready to be placed upon an upcoming City Council agenda. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\Chesterfield Sub AZ-03-037 PP-03-046 CUP-03-070 Remand back to PZ\Berg Remand PP Memo 04 14 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REMAND TO PLANNING AND ZONING FOR ) ) THE APPLICATION OF CHESTERFILED ) SUBDIVISION LOCATED ON PINE STREET, ) APPROXIMATELY Y2 MILE NORTH OF ) FRANKLIN ROAD AND Y2 MILE WEST OF ) TEN MILE ROAD, MERIDIAN, IDAHO ) ) ) ) ) BY: CENTENNIAL DEVELOPMENT, LLC APPLICANT C/C 03-23-04 CASE NO. PP-03-046 ORDER OF REMAND TO PLANNING AND ZONING This matter having come before the City Council on March 23,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the Council having received the Recommendations from Planning and Zoning, and additionally having heard testimony at the March 23, 2004 meeting from Anna Powell Planning Director for the Planning and Zoning Department, Kevin Amar, Judy Schweiger, Rick Jensen, and Tom Noll, and due to the present design ofthe project, the Applicant shall re-design this project to address the design ofthe lots (to provide for a mixture oflot sizes, frontage widths, and a variety of housing types throughout the development), additionally address the location of the amenities and open space, as well as incorporate the internal roadway system with the overall design ofthe project, and being fully advised in the premises issues the following Decision and Order. ORDER GRANTING REMAND TO PLANNING AND ZONING PP-03-046 Page 10f3 DECISION AND ORDER GRANTING ORDER OF REMAND TO PLANNING AND ZONING Based upon the above and foregoing correspondence, testimony, and due to the present design ofthe project, the Applicant shall re-design this project to address the design of the lots (to provide for a mixture oflot sizes, frontage widths, and a variety of housing types throughout the development), additionally address the location of the amenities and open space, as well as incorporate the internal roadway system with the overall design of the project, IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the City Council is based upon the finding that the present development design does not adequately provide for a mixture of lot sizes, frontage widths, nor a variety of housing types throughout the development; that the present amenities and open spaces are not adequate; and that the internal roadway system needs to be planned with the overall design of the project in mind, therefore the Applicant will need to re-design this project to address the above issues, and since the corresponding Case No. AZ-03-037 is being remanded, this application should be remanded as well. 2. This matter is remanded back to the Planning and Zoning Commission for further action in accordance with this decision. By action of the City Council at its regular meeting held on the /) ......-{'1t.. ~- day of lit h '2- ,2004. ROLL CALL: COUNCILMAN WARDLE Voted~ COUNCILMAN NARY Voted~ ORDER GRANTING REMAND TO PLANNING AND ZONING PP-03-046 Page 2 of3 COUNCILMAN ROUNTREE Voted~ COUNCILMAN BIRD Voted~ MOTION: MAYOR TAMMY de WEERD (Tie Breaker) DATED: 1--J-fiJ-04- ;;z:;~# DISAPPROVED: Voted APPROVED: X I By:Adt~p~1L City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Den~litnHmt'l . ,,'1\ ~4 Iltl and the CIty Attorney. ""'~I Of 'iERID/IIIII "" :\.... '.1,,;. 1/...... ;::.... c} O?>VORA " . v ~ ~ 0 I<,() S ~ ~ ~ Dated: Lf.....2//tJ~ SEAl.. ~ "? [;- :. c-Q ...Ql 0 f ~ "1^ u,sr 1S1: . $' $ ~ VA 0:' " ~I/ -7 a \'v ,,':::- III OUN1'i'. ,,,,, 1111"",' ,. .n"'" , J i ~ I i L ~ 1 \ Z:\Work\M\Meridian\Meridian 15360M\Chesterfield Sub AZ-03-037 PP-03-046 CUP-03-070 Remand back to PZ\Order Remanding PP to PZ PP-03-046.doc ORDER GRANTING REMAND TO PLANNING AND ZONING PP-03-046 Page 3 of3 ~li{,t\ t.J Qos~ w ~ ov>h'c ND'ti~f- \V1vtVllcs ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 20, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Charlie Rountree Bill Nary Shaun Wardle Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly, Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of March 16, 2004 City Council Regular Meeting: B. Approve Minutes of March 16, 2004 Pre-Council Meeting: C. Approve Minutes of March 23, 2004 City Council Regular Meeting: D. Approve Minutes of March 23, 2004 Pre-Council Meeting: E. Approve Minutes of April 6, 2004 City Council Regular Meeting: F. Approve Minutes of April 6, 2004 Pre-Council Meeting: G. Tabled from April 13, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: H. Findings of Fact and Conclusions of Law for Approval: VAC 04- 002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for Scottsdale Subdivision by Landmark Engineering & Planning, Inc. - south of West Franklin Road and east of South Linder Road: Meridian City Council Agenda - April 20,2004 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. Findings of Fact and Conclusions of Law for Approval: CUP 04~ 002 Request for a Conditional Use Permit for a temporary bank facility with a drive-thru window a nd a drive-thru window for the permanent structure in a C-C zone for Farmers and Merchants State Bank by CSHQA - southwest corner of East Overland Road and South Eagle Road: J. Order Granting Remand to Planning and Zoning Commission: AZ 03~037 Request for Annexation and Zoning of 46.40 acres from RUT to R-B zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: K. Order Granting Remand to Planning and Zoning Commission: PP 03~046 Request for Preliminary Plat approval of 215 residential building lots and 34 common Jots on 46.40 acres in a proposed R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: L. Order Granting Remand to Planning and Zoning Commission: CUP 03-070 Request for a Conditional Use Permit for a Planned Development with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks for patio homes for proposed Chesterfield Subdivision by Centennial Development, LLC - east of North Black Cat Road and north of West Franklin Road: M. Resolution No. Terminatino aqent of record designation for the City of Meridian: N. Release of Agreement for Sewer I Water Assessment for Seventh Dav Adventist Church: O. Pressure Reducinq Vaults (PRV's) and Victory Road Water Line: P. Centrate EQuiliation Tank Desion Proiect: Q. Approve Beer. Wine. and liquor License Renewals: Wal~Mart ~ Beer & Wine Ultra Touch Car Wash - Beer Bangkok House - Beer & Wine Muggsy's - Beer & Liquor The Cigarette Store - Beer Wingers - Beer & Wine Jacksons Food Store #99 - Beer & Wine Jacksons Food Store #24 - Beer & Wine Jacksons Food Store #11 - Beer & Wine Jacksons Food Store #1 - Beer & Wine Meridian City Council Agenda - April 20,2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Jacksons Food Store #97 - Beer & Wine Jacksons Food Store #98 - Beer & Wine Epi's - Beer & Wine Round Table Pizza #870 - Beer & Wine West of Philly - Beer & Wine Pizza Hut - Beer & Wine Pizza Hut - Beer & Wine Chicago Connection - Beer & Wine R. Agreement for Hookup to the City of Meridian's sewer system, outside the City Limits for Goldcreek Developers, lLC (James Jewett) for Westborough Subdivision: 6. Department Reports: A. Parks and Recreation Department - Doug Strong 1. Discussion of Kiwanis Park Agreement: B. Planning and Zoning Department - Anna Powell 1. Diane Kushlan Consulting Services: C. Police Department - Bill Musser 1. National Fast Draw Championship Presentation: 2. Discussion of Traffic Safety Commission Amended Ordinance: D. Public Works Department - Gary Smith 1. Presentation on Meridian's Water Resources by Ed Squires: 7. (Items Moved from Consent Agenda) 8. FP 04-022 Request for Final Plat approval of 31 single family residential building lots and 2 common lots on 8.99 acres in a R-8 zone for Sundance Place Subdivision No.2 by Sundance Limited Company, LLC - east of North Meridian Road and north of East Ustick Road: 9. FP 04-023 Request for Final Plat approval of 61 single family residential building lots and 2 common lots on 17.27 acres in a R-8 zone for Sundance Place Subdivision No.3 by Sundance Limited Company, LLC - east of North Meridian Road and north of East Ustick Road: Meridian City Council Agenda - April 20,2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. FP 04-024 Request for Final Plat approval of 41 single family residential building lots and 10 common lots on 10.64 acres in a R-8 zone for SaQeland Subdivision by Quasar Development, LLC - northeast corner of East Victory Road and South Locust Grove Road: 11. Contin ued Public Hearing from April 13J 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 12. Continued Public Hearing from April 13J 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 13. Continued Public Hearing from April 13, 2004: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 14. Public Hearing: Request to provide roll off services to the City of Meridian: 15. Report from Brad Watson on sewer feasibility north of Area of Impact: 16. Tabled from April13J 2004: Resolution No. Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: 17. Ordinance No. Amended Ordinance: Pretreatment I Sewer User 18. Water, Sewer and Trash Delinquencies: 19. Executive Session per Idaho State Code 67-2345(1)(c): Meridian City Council Agenda - April 20, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. j?led-j,( jJ/PJ'I- f;r IwlXl~ !(/?~~ - ~ Meridian Development Corporation 33 East Idaho Avenue Meridian, Idaho 83642 (208) 888-4433 Fax (208) 888-4218 NOTICE OF PUBLIC AWARENESS . . . 0 eo. . . . . MERIDIAN DEVELOPMENT CORPORTATION NOTICE OF AWARENESS IS HEREBY GIVEN that members of the Meridian Development Corporation may be attending the City of Meridian Pre- Council Meeting on Tuesday, April 20, 2004, beginning at 5:30 P.M. at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. This is not a meeting or workshop nor is there an agenda for MDC. The public is welcome to attend. DATED this 19th day of April, 2004. A~..:- ,6-~, 9-' WILLIAM G. BERG, JR. - CITY CLERK ( *'" TX CONi 1Tl ON REPORT "'''' RS OF RPR 19 '04 PRGE.01 CITY OF MERIDIRN DATE T[ME TO/FROM MODE MIWSEC PGS CMDI1 STATUS 1215 1214/19 17:3121 381016121 EC--5 (:1121'26" 001 238 OK 06 04/19 17:31 PUBLIC WORKS EC--S 00' 19" 001 238 OK t:l7 (:14/19 17:31 12t:184664405 EC--S 00' 19" 001 238 OK 08 04/19 17:32 8841159 EC--S 00'21" 001 238 OK 09 04/19 17'33 2088840744 EC--S 00' 18" 001 238 OK 10 04/19 17:34 POLICE DEPT EC--S l2li21'19" l2li211 238 OK 11 04/19 17:35 8985501 EC--S 00' 19" 001 238 OK 12 04/19 17:35 LIBRARY EC--S 00'21" 001 238 OK 13 04/19 17:37 2088886854 EC--S 00'20" 001 238 OK 14 04/19 17: 37 208 895 103910 EC--S 00' 19" 001 238 OK 15 104/19 17:38 8885052 EC--S 0121' 19" 01211 238 OK 16 04/19 17:39 CHERRY LRNE G3--S 00'37" 01211 238 OK 17 04/19 17:40 POST OFFICE EC--S 00'27" 001 238 OK 18 1214/19 17:42 IDAHO ATHLETIC C EC--S 00' 18" 001 238 OK 19 04/19 17:43 2088886701 EC--S 1210'20" 001 238 OK (llett-J<- h.rf- J;-r Iwu/i:. Nol7k - ~ MDC MerIdian Development Corporation 33 East Idaho Avenue Meridian, Idaho 83642 (208) 888.4433 Fax (208) 888-4218 NOTICE OF PUBLIC AWARENESS ............... MERIDIAN DEVELOPMENT CORPORTA nON NOTICE OF AWARENESS IS HEREBY GIVEN that members of the Meridian Development Corporation may be attending the City of Meridian Pre- Council Meeting on Tuesday, April 20, 2004, beginning at 5:30 P,M. at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. This is not a meeting or workshop nor is there an agenda for MDC, The public is welcome to attend. DATED this 19th day of April, 2004. ~~~~.~, WILLIAM G. BERG, JR. - CITY CLERK