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Home My WebLink About2004-04-06 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle =z= Charlie Rountree )( X Bill Nary X Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Mark Wood, Superintendent of Cole Valley Christian School: 4. Proclamation and Acknowledgment for Cole Valley Christian School Boys Varsity Basketball Team: r~~d.- 5. Adoption of the Agenda: ~ 6. Consent Agenda: A. Approve minutes of February 24, 2004 City Council Regular Meeting: u.r~ v-L B. Approve minutes of March 9, 2004 City Council Regular Meeting: ~.~ C. Approve minutes of March 16,2004 City Council Regular Meeting: ChfJ'h'V""<- D. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ. 03-022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealv Parcell by BRS Architects - southeast comer of East Ustick Road and North Eagle Road: ~~ E. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: -Izvbe<- ~ .1/--/:3 ~4- Meridian City Council Agenda - April 6, 2004 Page I of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PD) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: ~ 10 4-IJ-04- G. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03..041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: ~ to 4-/'5-"0'/- H. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-043 Request for Preliminary Plat approval for 11 commercial building lots 1 common lot on 15.8 acres in a C-G zone for SDarrowhawk Subdivision by David Waldron - northeast corner of North Nola Road and East Franklin Road: ~v.K....... I. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-066 Request for a Conditional Use Permit for a modification to the existing Conditional Use Permit (Planned Development) for Sparrowhawk Subdivision by David Waldron - northeast corner of North Nola Road and East Franklin Road: ~ J. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-068 Request for a Conditional Use Permit for professional office and retail use in a C- G zone as required by the Final Plat for Mallane Professional Offices by Thomas R. Williams - south of North Hickory Way and north of East Fairview Avenue: ~v-L- K. Findings of Fact and Conclusions of Law for Approval: AZ 03- 035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement BridQe Subdivision by Capital Development - 2205 East McMillan Road: ~ L. Findings of Fact and Conclusions of Law for Approval: PP 03- 041 Request for Preliminary Plat Approval of 266 single-family Meridian City Council Agenda - April 6, 2004 Page 2 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. M. residential building lots and 34 common lots on 70.64 acres in a proposed R-B zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: tljPl'"Yl9V'--<--- Findings of Fact and Conclusions of Law for Approval: CUP 03-065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: ~~<-<- Findings of Fact and Conclusions of Law for Denial: PP 03- 045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-O zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: '1' ~ Findings of Fact and Conclusions of Law for Denial: CUP 03- 069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in a L-O zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: ~"""- Resolution No. () 4- - 4-2 7 Computer Surplus Resolution: ~v:-<- Streetlight Agreement for Lochsa Falls #4: apfJN If'L Streetlight Agreement for Lochsa Falls #5: ~Pl/"'- Streetlight Agreement for Lochsa Falls #6: ~/~ Streetlight Agreement for .~rojec: 1: t'frv-<-' Franklin Road Re-Build Project - Sewer and Water Change Order Authorization: apj>7uvu- Victory Road Construction Change Order for Irminger Construction: ~~ (j /1'" Victory Road Design Change Order for Civil Survey: CJ~V'"'-' Well 20B Design Contract with CH2MHILL: Ct~~ Well #20B Oversight with Hydro Logic: ~~ N. o. P. Q. R. s. T. U. V. w. x. Y. Meridian City Council Agenda - April 6, 2004 Page 3 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Z. Lift Station SCADA Installation with Custom Electric: afl'r~~ AA. Scoping Study - WWTP Backup Power Main Feed with DC Engineering: I~..L. BB. Well 26 Design and Construction Services with Civil Engineering: ~ CC. Well 26 Test Well Oversight with Hydro Logic: ~ DD. Well No. 15 Rehabilitation: ~ EE. Sanitary Sewer Main Easement for Victory 41, LLC (Observation Point Lot 2/ Block 2: 7~ FF. Sanitary Sewer Easement for Redfeather Subdivision by Melvin R. and Norma E. Schrammeck Trust: iif;trov--<-- GG. Sanitary Sewer and Water Main Easement for Redfeather Subdivision by Bart L. Bryson: ap~ HH. Award of Bid - Ashford Greens Lift Station Portable Emergency Power System Procurement: ~ II. Installation of Security Enclosures for Test Wells with Hydro Logic: ~f1)v-/i. JJ. Update Proposal/ Agreement for City of Meridian Program and Space Needs Analysis: tFfrv-<- KK. Tabled from March 23, 2004: Development Agreement: AZ 03- 018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I EaQV I Ruwe by BRS Architects - southwest corner and southeast comer of North Eagle Road and East Ustick Road: tt-f ~ LL. Development Agreement for R2 Development, Inc. Olsen and Bush Industrial Park No. 2: Of~ MM. Contract for Services between the City of Meridian and The Hudson Company for Site Selection Process for City Hall: "rrv</ NN. Approval to cash $500.00 deposit for a street tree at 1409 N. Main Street: ~ vV Meridian City Council Agenda - April 6, 2004 Page 4 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. 9. 11. ( 00. Request to transfer funds in the amount of $13,000.00 from the Lochsa Falls P.A.L. Soccer Account to Bear Creek Park Account to complete sidewalks, service road, and irrigation pump building: ~I/<'('" PP. Beer. Wine. and Liauor License Renewals: ~v<- Kahootz Pub & Eatery - Beer & Wine Winco Foods - Beer & Wine Rite Aid - Beer & Wine Johnny Carino's - Beer & Liquor Albertson's #164 - Beer & Wine Albertson's #180 - Beer & Wine QQ. Approve Bills: art" ~ 6. Department Reports: A. Mayors Office: 1. Employee Awards for Service Program: . fh77'j'Ta-V?l.- tr./i/^"t.. be. J?Y"~se'7l,:f-ed I~-ff;v 2. Board of Appeals: ~.' dflfJv/)'I-f; G.I.aj-;::;"d?v 3. Proposed Membership Dues for COMPASS FY2005: c?6...,.., 4. Discussion of date and budget for summer staff event: pf.-J!?YPv<. vvp ~ #1;nJp. ~b+f 6-/2~(()+ (Items Moved from Consent Agenda) 8. Tabled from March 16,2004: FP 04-014 Request for Final Plat approval of 15 residential building lots and 4 other lots on 4.47 acres in a R-8 zone for Woodside Creek Subdivision by Woodside Properties, LLC - 1115 North Ten Mile Road: atr-ov-.(... FP 04-017 Request for Final Plat approval of 57 single-family residential building lots and 10 common lots on 11.08 acres in an R-8 zone for Soda Springs Subdivision by Todd Campbell Construction, Inc. - east of South Locust Grove Road and north of East Victory Road: v--jrJ)7YI?v-!- FP 04-018 Request for Final Plat approval of 30 single-family residential building lots and 9 common lots on 20.89 acres in a R-4 (PO) zone for Bridgetower Crossing Subdivision No.6 by Primeland Development, LLP - south of West McMillan Road and east of North Ten Mile Road: ~V'<.- Public Hearing: 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 & Meridian City Council Agenda - April 6, 2004 Page 5 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. Planning, Inc. - south of West Franklin Road and east of South Linder Road: a'flrrr~ to jJ1"'e-j?4IW ../I,c" c:/1' Public Hearing: M104-001 Miscellaneous request for a temporary use for a childcare center for approximately 40 children while waiting for a CUP for Tara Gorton by Tara Gorton - 220 East Fairview Avenue: a.thrjte~ fot'~p~-//~tcU &de--a-....e.., Public Hearing: VAR 04-003 Request for a Variance for a one year Time Extension for recording of the Final Plat for Autumn Faire Crossing Subdivision by Gemstar Properties, LLC - west of North Black Cat Road and south of West U. s~ick Road: /'J /" "e 1~_ _ . 1/ Rtffor/1.e1 f-b pr-e-p4A.L-r,-r fol 7YTY Afprov~ Public Hearing: AZ 04-002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Subdivision by Centennial Development, LLC - 3615 South Locl,Jst Grove Road: tl-Im ttevJ fo ~?(vl.( .1'1 j: -I elf .j;rr CVPflYl9V~ Public Hearing: fS'p 04-001 Request for Preliminary Plat approval for 98 single-family reSidential building lots and 7 common lots on 24.45 acres in a proposed R-8 zone for proposed Roseleaf Subdivision by Centennial Development, LLC - 3615 South Locust Grove Road: . _ t7 ~.'1 -Ie ~?f4/\.t Elf; fi,!..t ;;;-C?rV~ Public Hearing: '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: . a;{fvy~ -/l9 ~ttt1.-L Ill' f ?f../ fV.r atprdvJ<-.t Public Hearing: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C-G zones for Equity Benefits by Equity Benefits, LLC - 2540 East Franklin Road: f/ ~-rfzrrMV f-o jffefP/lL TI'I-~ el-e cfOy~v~ Public Hearing: CUP 04-001 Request for a Conditional Use Permit for a 224 stall R.V. resort with 4 buildings and amenities in a C-G zone for Boise West R.V. Resort by AarQJ) C. Hoeft ~184 West Pennwood: a~,? Iw pr~r:~ -F/.j:-1 c/..,l nrr ~ot..-L Ordinance No. &4--(073 : AZ 03-028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossina Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: p~~ Tabled from March 23,2004: Ordinance No. (/4- /074-: AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I Eaav I Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: c~ Meridian City Council Agenda - April 6, 2004 Page 6 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 21. Water, Sewer, & Trash Delinquencies: ~d r y-l:'V'-<- Meridian City Council Agenda - April 6, 2004 Page 7 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring llCcornmodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. April 15, 2004 MERIDIAN CITY COUNCIL MEETING APPLlCANT April 20, 2004 ITEM NO. 5~E REQUEST Approve minutes of April 6, 2004 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~.L/ Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetings shalf become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Shaun Wardle Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Mark Wood, Superintendent of Cole Valley Christian School: 4. Proclamation and Acknowledgment for Cole Valley Christian School Boys Varsity Basketball Team: Presented 5. Adoption of the Agenda: Approve 6. Consent Agenda: A. Approve minutes of February 24, 2004 City Council Regular Meeting: Approve B. Approve minutes of March 9, 2004 City Council Regular Meeting: Approve C. Approve minutes of March 16, 2004 City Council Regular Meeting: Approve D. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealv Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: E. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PO) and C-G zones for proposed Redfeather Estates Meridian City Council Agenda - April 6, 2004 Page I on All materials presented at public meetings shall become propelty of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or healing please contact the City Clerk's Office at 888-4433 at least 48 hours plior to the public meeting. Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Tabled to April 13, 2004 F. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PO) zone for proposed Redfeather Estates Subdivision No.2 ,by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Tabled to April 13, 2004 G. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and Increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Tabled to April 13, 2004 H. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-043 Request for Preliminary Plat approval for 11 commercial building lots 1 common lot on 15.8 acres in a C-G zone for Sparrowhawk Subdivision by David Waldron - northeast corner of North Nola Road and East Franklin Road: Approve I. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-066 Request for a Conditional Use Permit for a modification to the existing Conditional Use Permit (Planned Development) for Sparrowhawk Subdivision by David Waldron - northeast corner of North Nola Road and East Franklin Road: Approve J. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-068 Request for a Conditional Use Permit for professional office and retail use in a C- G zone as reqUired by the Final Plat for Mallane Professional Offices by Thomas R. Williams - south of North Hickory Way and north of East Fairview Avenue: Approve K. Findings of Fact and Conclusions of Law for Approval: AZ 03- 035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bridge Subdivision by Capital Development - 2205 East McMillan Road: Approve Meridian City Council Agenda ~ April 6, 2004 Page 2 of7 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring acconunodation for di sabilities related to documents and/or hearing please contact the City Clerk's Ollice at 888-4433 at least 48 hours prior to the public meeting. L. Findings of Fact and Conclusions of Law for Approval: PP 03- 041 Request for Preliminary Plat Approval of 266 single-family residential building lots and 34 common lots on 70.64 acres In a proposed R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: Approve M. Findings of Fact and Conclusions of Law for Approval: CUP 03-065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: Approve N. Findings of Fact and Conclusions of Law for Denial: PP 03- 045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-O zone for proposed Roundtree Subdivision by Rennlson Engineering - north of West Pine Avenue and east of North Linder Road: Approve O. Findings of Fact and Conclusions of Law for Denial: CUP 03- 069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot In a L-O zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: Approve P. Resolution No. 04-429 : Computer Surplus Resolution: Q. Streetlight Agreement for Lochsa Falls #4: Approve R. Streetlight Agreement for Lochsa Falls #5: Approve S. Streetlight Agreement for Lochsa Falls #6: Approve T. Streetlight Agreement for Project 1: Approve U. Franklin Road Re-Build Project - Sewer and Water Change Order Authorization: Approve V. Victory Road Construction Change Order for Irminger Construction: Approve W. Victory Road Design Change Order for Civil Survey: Approve X. Well 20B Design Contract with CH2MHILL: Approve Meridian City Council Agenda - April 6, 2004 Page 3 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. Y. Well #20B Oversight with Hydro Logic: Approve Z. Lift Station SCADA Installation with Custom Electric: Approve AA. Scoping Study - WWTP Backup Power Main Feed with DC Engineering: Approve BS. Well 26 Design and Construction Services with Civil Engineering: Approve CC. Well 26 Test Well Oversight with Hydro Logic: Approve DD. Well No. 15 Rehabilitation: Approve EE. Sanitary Sewer Main Easement for Victory 41, LLC (Observation Point Lot 2 I Block 2: Approve FF. Sanitary Sewer Easement for Redfeather Subdivision by Melvin R. and Norma E. Schrammeck Trust: Approve GG. Sanitary Sewer and Water Main Easement for Redfeather Subdivision by Bart L. Bryson: Approve HH. Award of Bid n Ashford Greens Lift Station Portable Emergency Power System Procurement: Approve II. Installation of Security Enclosures for Test Wells with Hydro Logic: Approve JJ. Update Proposal! Agreement for City of Meridian Program and Space Needs Analysis: Approve KK. Tabled from March 23, 2004: Development Agreement: AZ 03- 018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler! Cobbs I Eagy ! Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: Approve LL. Development Agreement for R2 Development, Inc. Olsen and Bush Industrial Park No.2: Approve MM. Contract for Services between the City of Meridian and The Hudson Company for Site Selection Process for City Hall: Approve Meridian City Council Agenda - April 6, 2004 Page 4 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please cont,lct the City Clerk's Office at 888-4433 at least 48 hours plior to the public meeting. NN. Approval to cash $500.00 deposit for a street tree at 1409 N. Main Street: Approve 00. Request to transfer funds in the amount of $13,000.00 from the Lochsa Falls P .A.L. Soccer Account to Bear Creek Park Account to complete sidewalks, service road, and irrigation pump building: Approve PP. Beer. Wine. and Liauor License Renewals: Approve Kahootz Pub & Eatery - Beer & Wine Winco Foods - Beer & Wine Rite Aid - Beer & Wine Johnny Carino's - Beer & Liquor Albertson's #164 - Beer & Wine Albertson's #180 - Beer & Wine QQ. Approve Bills: Approve 6. Department Reports: A. Mayors Office: 1. Employee Awards for Service Program: Program will be presented later 2. Board of Appeals: Appoint Gary Smith 3. Proposed Membership Dues for COMPASS FY2005: Ok 4. Discussion of date and budget for summer staff event: Approve up to $1,500.00 budget 6-12-04 7. (Items Moved from Consent Agenda) 8. Tabled from March 16,2004: FP 04-014 Request for Final Plat approval of 15 residential building lots and 4 other lots on 4.47 acres in a R-8 zone for Woodside Creek Subdivision by Woodside Properties, LLC - 1115 North Ten Mile Road: Approve 9. FP 04-017 Request for Final Plat approval of 57 single-family residential building lots and 10 common lots on 11.08 acres In an R-8 zone for Soda Springs Subdivision by Todd Campbell Construction, Inc. - east of South Locust Grove Road and north of East Victory Road: Approve 10. FP 04-018 Request for Final Plat approval of 30 single-family residential building lots and 9 common lots on 20.89 acres In a R-4 (PO) zone for Bridgetower Crossing Subdivision No. 6 by Primeland Development, Meridian City Council Agenda - April 6,2004 Page 5 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disa bilities related to documents and/or hea ring please contact the City Clerk's Office at 88804433 at least 48 hours prior to the public meeting. LLP - south of West McMillan Road and east of North Ten Mile Road: Approve 11. Public Hearing: V AC 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: Attorney to prepare findings of fact and conclusions of law for approval 12. Public Hearing: MI 04-001 Miscellaneous request for a temporary use for a childcare center for approximately 40 children while waiting for a CUP for Tara Gorton by Tara Gorton - 220 East Fairvlew Avenue: Attorney to prepare findings of fact and conclusions of law for denial 13. Public Hearing: VAR 04-003 Request for a Variance for a one year Time Extension for recording of the Final Plat for Autumn Faire Crossing Subdivision by Gemstar Properties, LLC - west of North Black Cat Road and south of West Ustick Road: Attorney to prepare findings of fact and conclusions of law for approval 14. Public Hearing: AZ 04-002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Subdivision by Centennial Development, LLC - 3615 South Locust Grove Road: Attorney to prepare findings of fact and conclusions of law for approval 15. Public Hearing: PP 04-001 Request for Preliminary Plat approval for 98 single-family residential building lots and 7 common lots on 24.45 acres In a proposed R-8 zone for proposed Roseleaf Subdivision by Centennial Development, LLC - 3615 South Locust Grove Road: attorney to prepare findings of fact and conclusions of law for approval 16. Public Hearing: CUP 04-002 Request for a Conditional Use Permit for a temporary bank facility with a drive-thru window and a drlve-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: Attorney to prepare findings of fact and conclusions of law for approval 17. Public Hearing: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C-G zones for Equity Benefits by Equity Benefits, LLC - 2540 East Franklin Road: Attorney to prepare findings of fact and conclusions of law for approval 18. Public Hearing: CUP 04-001 Request for a Conditional Use Permit for a 224 stall R.V. resort with 4 buildings and amenities in a C-G zone for Meridian City Council Agenda - April 6, 2004 Page 6 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiling accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Boise West R.V. Resort by Aaron C. Hoeft - 184 West Pennwood: Attorney to prepare findings of fact and conclusions of law for approval 19. Ordinance No. 04-1073 : AZ 03-028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield CrossinQ Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: Approve 20. Tabled from March 23,2004: Ordinance No. 04-1074 AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I EaQv I Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: Approve 21. Water, Sewer, & Trash Delinquencies: Approve Meridian City Council Agenda ~ April 6, 2004 Page 7 00 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation fordisabiIities related to documents and/or hearing please contact the City Clerk's Office at &&&-4433 at least 48 hours prior to the public meeting. Meridian City Council MeetinQ April 6. 2004. The regular meeting of the Meridian City Council was called to order at 7:28 P.M., Tuesday, April 6, 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, Brad Watson, Kenny Bowers, Bill Musser, Gary Smith, Doug Strong, Joe Silva, Diane Stewart 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 meeting for City Council. It's Tuesday, April 6. It is after 7:00 and since I can't read the clock from here -- it's 7:20, I believe. I should have worn my glasses. I would like to welcome everyone here. It's a pleasure is see our Council Chambers full and tonight it's full not because there is people concerned about what might be being built in their backyard, but we have a more important celebration, we have the Cole Valley Christian School boys basketball team with us today and after we call roll I will read a proclamation. Mr. Clerk, will you call roll. Item 2: Pledge of Allegiance: De Weerd: Thank you. We will open with our pledge of allegiance and I do believe that one of the members of the basketball team will lead us in the pledge. Item 3: Community Invocation by Mark Wood, Superintendent of Cole Valley Christian School: De Weerd: Thank you very much. Item number three is the community invocation and we will ask Mark Wood to please jOin us. He is the superintendent of the Cole Valley Christian School. Wood: Thank you, Mayor. Let's pray. Almighty God and Father, we come before you this evening grateful for our wonderful city, its leaders and its people. We are citizens truly blessed by your hand and we offer our thanks for the beauty, the peace, and the prosperity you have so graciously provided. You have given Meridian magnificent leaders and they will be about the city's business this morning. We pray for the Honorable Tammy de Weerd, Mayor of Meridian, that you grant her grace and strength and wisdom. We ask the same for the Council members, the Honorable Charlie ( Meridian City Council April 6, 2004 Page 2 of 68 Rountree, Keith Bird, Bill Nary, and Shaun Wardle. Please watch over and care for these leaders and their families as they serve you and the City of Meridian. We thank you also, Father, for this opportunity for Cole Valley Christian Schools to be recognized by the City of Meridian. We praise you for the members of the basketball squad who led our school to a state championship, for the cheerleaders who led our fabulous fans in support of their team, and for the coaches who put their hearts and lives into these spectacular young people, May we never forget that every good thing comes from you and may we always remember to be grateful for your love and for your grace, in Jesus name we pray, amen, Item 4: Proclamation and Acknowledgment for Cole Valley Christian School Boys Varsity Basketball Team: De Weerd: Thank you. If some of you are new here tonight, we have added the pledge and the community invocation. We have asked the faith community to get involved with the city and this is one of their ways of being Involved and we have asked all faiths to be recognized and participate In this part of our agenda and certainly we don't want to offend any of our cltizens, but this is a time to reflect on the issues we have in front of us and to keep things in perspective. So, I appreciate you being here again tonight. I do have a proclamation to read. Whereas the City of Meridian commends the Cole Valley Christian School's Boys Varsity Basketball Team for having an outstanding season and whereas this team has provided a positive impact on our community and whereas it is important that this team recognizes or receives recognition for their effort and continuing contributions and whereas the Mayor and City Council of the City of Meridian acknowledges the accomplishments of this team and their supporters, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, to hereby proclaim Wednesday, April 7th, 2004, as Chargers Day In recognition of the Cole Valley Christian Schools Boys Varsity Basketball Team Chargers as A-1 state basketball champions for 2003-2004 and urge all cltizens of this community to acknowledge their special accomplishment, dated this day the 6th of April 2004. Congratulations to the Chargers and you have done our community proud. If the coach will please come forward. I would appreciate it if you could recognize each of your basketball players. Also certainly your coaches and, you know, those cheerleaders that led your spirit support in cheering on your team as well. Carr: This IS Cody Nuttall. Brian Rallens. Erik Falconer. Josh Emerson. Nick Davidson. Craig Hawkins. Carson Russell. Stan Akkerman. JP Sacht. Garrett Yocum. Devin Doubleday. Mike Murach. Nicole, Amanda, and Lacey. And J have my assistant coaches Matt Begllnger and Cal Emerson. De Weerd: I will present you with this and also we would like to offer you a pin of our clty. Thank you for coming. Nary: Coach, I know you took a banner ahead of time, but I don't know that everybody else in the audience saw both your banner and the trophy. I don't know if you wanted everyone to be able to see that before you folks were done. Mr. Wood, did you have Meridian City Council April 6, 2004 Page 3 of 68 anything else you wanted to add? Wood: We appreciate the opportunity and just thank you for honoring these young men and these young ladies and some of them that are just a little bit older, we are grateful, we are happy to be a part of the City of Meridian and to be smack In the downtown section. You continue to do a great job of making this a wonderful place to live and we appreciate being here. So, thanks again for this opportunity. Nary: Thank you. Bird: Thank you for your representation of us. Item 5: Adoption of the Agenda: De Weerd: What a great way to start a meeting off. Okay. We have item number five, adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the agenda as published. Rountree: I'll second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as published. There was an e-mail to defer one of the items -- Bird: On Redfeather. De Weerd: On what? Redfeather. Bird: But that's on Consent, which I thought we'd take care of there at that point, if that's okay with you, Madam Mayor. De Weerd: Okay. Yes. Okay. All those in favor of adopting the agenda as presented say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Consent Agenda: A. Approve minutes of February 24, 2004 City Council Regular Meeting: B. Approve minutes of March 9, 2004 City Council Regular Meeting: Meridian City Council April 6, 2004 Page 4 of 68 C. Approve minutes of March 16,2004 City Council Regular Meeting: D. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealv Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: E. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PD) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: F. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres In a proposed R-8 (PD) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: G. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: H. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-043 Request for Preliminary Plat approval for 11 commercial building lots 1 common lot on 15.8 acres in a C-G zone for Sparrowhawk Subdivision by David Waldron - northeast corner of North Nola Road and East Franklin Road: I. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-066 Request for a Conditional Use Permit for a modification to the existing Conditional Use Permit (Planned Development) for Sparrowhawk Subdivision by David Waldron - northeast corner of North Nola Road and East Franklin Road: Meridian City Council April 6, 2004 Page 5 of 68 J. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-068 Request for a Conditional Use Permit for professional office and retail use in a C- G zone as required by the Final Plat for Mallane Professional Offices by Thomas R. Williams - south of North Hickory Way and north of East Fairview Avenue: K. Findings of Fact and Conclusions of Law for Approval: AZ 03- 035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: L. Findings of Fact and Conclusions of Law for Approval: PP 03- 041 Request for Preliminary Plat Approval of 266 single-family residential building lots and 34 common lots on 70.64 acres in a proposed R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: M. Findings of Fact and Conclusions of Law for Approval: CUP 03-065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: N. Findings of Fact and Conclusions of Law for Denial: PP 03- 045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-O zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: O. Findings of Fact and Conclusions of Law for Denial: CUP 03- 069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in a L-O zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: P. Resolution No. Resolution: Computer Surplus Q. Streetlight Agreement for Lochsa Falls #4: R. Streetlight Agreement for Lochsa Falls #5: S. Streetlight Agreement for Lochsa Falls #6: /" \ Meridian City Council April 6, 2004 Page 6 of 68 T. Streetlight Agreement for Project 1: U. Franklin Road Re-8uild Project - Sewer and Water Change Order Authorization: V. Victory Road Construction Change Order for Irminger Construction: W. Victory Road Design Change Order for Civil Survey: X. Well 20B Design Contract with CH2MHILL: Y. Well #20B Oversight with Hydro Logic: Z. Lift Station SCADA Installation with Custom Electric: AA. Scoping Study - WWTP Backup Power Main Feed with DC Engineering: BB. Well 26 Design and Construction Services with Civil Engineering: CC. Well 26 Test Well Oversight with Hydro Logic: DO. Well No. 15 Rehabilitation: EE. Sanitary Sewer Main Easement for Victory 41, LLC (Observation Point Lot 2 I Block 2: FF. Sanitary Sewer Easement for Redfeather Subdivision by Melvin R. and Norma E. Schrammeck Trust: GG. Sanitary Sewer and Water Main Easement for Redfeather Subdivision by Bart L. Bryson: HH. Award of Bid n Ashford Greens Lift Station Portable Emergency Power System Procurement: II. Installation of Security Enclosures for Test Wells with Hydro Logic: JJ. Update Proposal! Agreement for City of Meridian Program and Space Needs Analysis: KK. Tabled from March 23, 2004: Development Agreement: AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from Meridian City Council April 6. 2004 Page 7 of 68 RT to C-G zones for Kissler f Cobbs f Eaav f Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: LL. Development Agreement for R2 Development, Inc. Olsen and Bush Industrial Park No.2: MM. Contract for Services between the City of Meridian and The Hudson Company for Site Selection Process for City Hall: NN. Approval to cash $500.00 deposit for a street tree at 1409 N. Main Street: 00. Request to transfer funds in the amount of $13,000.00 from the Lochsa Falls P.A.L. Soccer Account to Bear Creek Park Account to complete sidewalks, service road, and irrigation pump building: PP. Beer. Wine, and Liquor License Renewals: Kahootz Pub & Eatery - Beer & Wine Winco Foods - Beer & Wine Rite Aid - Beer & Wine Johnny Carino's - Beer & Liquor Albertson's #164 - Beer & Wine Albertson's #180 - Beer & Wine QQ. Approve Bills: De Weerd: Item number six is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Items E, 0 and F, the Redfeather Estates would like to be tabled to April 13th, 2004. Rountree: E, F and G. Bird: Yes. E, F and G. With that I would make a motion that we approve the Consent Agenda as noticed and for the Mayor to sign and the clerk to attest on all proper papers. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Meridian City Council April 6, 2004 Page 8 of 68 Nary: Oh. Second. I'm sorry. I'll second. De Weerd: Okay. Nary: And the resolution, Mr. Bird, is 04-429. Bird: Okay. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. Any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayors Office: 1. Employee Awards for Service Program: De Weerd: Okay. Item six is the department reports and It looks like I'm up. I will be coming back with a program to you next week that's fully packaged, but I did want to give you an overview of what you will be seeing next week and inVite you to comment in between now and then If you have any items. But in the past we have recognized our employees with longevity and service to our community with a certificate at an annual event. Last year that event didn't happen and we have been talking about how best to recognize these years of service and we have a lot of long-time and long-term employees that we feel would -- does merit -- and usually they are at the end of their pay scale and usually do not participate in any increases. So, I do have a program that will be coming in front of you next week and so you can take a look at that and vote on them. But we will be recognizing, again, employees that serve at the five, ten, 15, 20 and 25 plus year milestones. And so I did want to let you know that that will be coming forth as well. 2. Board of Appeals: De Weerd: Item number two, Board of Appeals. You received In your packet that we do have someone that IS appealing a building permit and so I would like to appoint Gary Smith as our Board of Appeals -- that he would be able to appoint that board -- have the authority to appoint that board. We did give you a list of names. Those are those to be considered, but not necessarily a hundred percent. We are kind of looking -- taking a look at the fire line as maybe getting a couple of other names, but at this point I would like to at least grant the authority to our Public Works Director to appoint this board, so we can proceed forward with the appeal. Meridian City Council April 6, 2004 Page 9 of 68 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I move that we approve Gary Smith as the head of the Board of Appeal, to appoint of Board of Appeals as needed. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Gary Smith as -- to appointed the Board of Appeals. Is there any further discussion? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. 3. Proposed Membership Dues for COMPASS FY2005: De Weerd: Okay. The next item is our membership dues for Compass. Councilman Bird and I will be voting on that at this month's Compass board meeting. I know it is a budget item and generally considered in the budget process, but since we are going to be offering a vote this month, I thought it should be discussed. There is not too much to discuss, since it is going down and so -- that doesn't happen very often. And you have that in your packet as well. And since I didn't get It back and I don't have it on my screen in front of me -- you can see that It is going down a couple of thousand dollars. We Will be paying 37 cents a person in Meridian. So, if there is any comment that you would like us to pass on, certainly now IS the time to let us know. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I never look a gift horse in the mouth, if It'S going down, that's fine. Bird: And If you don't disagree, great. De Weerd: Okay. Powell: Madam-- De Weerd: I'm sorry. Anna. Powell: I just wanted to point out that we -- I think this is the first time she's been here. We have our Compass liaison tonight in the audience. Ms. Tricia Nelson is here today, so I think she will be here on a regular basis. Meridian City Council April 6, 2004 Page 10 of 68 De Weerd: Well, great. Well, it's nice having you here, Tricia. Thank you. And you can tell Clair that we are okay with the dues this time. Item 4: Discussion of date and budget for summer staff event: De Weerd: The final Item is, again, we did not have our annual Christmas party. We discussed last budget year that It would probably be best done in the summer during a time where perhaps families would have more of an ability to join our staff members and we looked at summer -- a tentative date of June 12th as being considered and I am assuming that was checked with the Parks Department by one of our staff volunteers who will be coordinating and, no, I was not going to give this to you guys to coordinate. Bill Allen, one of our firefighters, has volunteered to pull this event together. He will be contacting the pool as well to see if that can be a part of it and we are looking at a budget between 12 and 15 hundred dollars. Oh, yeah, I think I know someone that might -- Bird: Yeah. I think we know all three of them, Tammy. Rountree: It just takes money. De Weerd: It's for a good cause. Bird: It's a good donation. De Weerd: So, I would like some -- a budget authorized for this event and it's estimated between 12 and 15 hundred dollars. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Are you wanting, I guess, some authorization to go forward now or are you going to bring back more of the particulars and more of a cost? I guess 1'm not really sure -- I know we contemplated having this and using some of that money that we had set aside towards employee Incentives towards a function like this, so I have no problem with this at all, but do you want an authorization for up to 1,500 or-- De Weerd: I would like an authorization up to 1,500 and I Will bring a budget back to you. Nary: Okay. Then I would move that we authorize up to 1,500 dollars for thiS summer staff party for the employees of the City of Meridian and with a tentative budget to follow. Wardle: Second. Meridian City Council April 6. 2004 Page 11 of 68 De Weerd: Okay. It's been moved and seconded to authorize up to 1,500 dollars and move forward with the summer staff event. Is there any further discussion? All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) De Weerd: We had no items moved from the Consent Agenda for Item seven. Item 8: Tabled from March 16, 2004: FP 04-014 Request for Final Plat approval of 15 residential building lots and 4 other lots on 4.47 acres in a R-8 zone for Woodside Creek Subdivision by Woodside Properties, LLC - 1115 North Ten Mile Road: De Weerd: So, we will move to Item eight, which is tabled from March 16th, 2004, on FP 04-014 for Woodside Creek Subdivision. We will start with staff comments. Powell: Madam Mayor, Members of the Council, staff IS recommending approval of thiS final plat. The plat is in substantial compliance with the approved preliminary plat, but there are -- I do want to point out that this IS a little bit -- changed more than we usually see, I'll put it that way. This is the approved preliminary plat. As part of that we did allow them to -- there was an existing house and we allowed the existing house to be in the required landscape buffer. When they actually surveyed the location of the house, it was actually much closer to the right of way than was originally anticipated, so they have decided to remove that house, so they have put the entire landscape buffer In ItS own lot, which is preferred, but to compensate for the expense of having to remove the house they are making this a larger lot. That doesn't make sense, does It? They had hoped to come back and, then, re-subdivide this one lot. So, they have made It larger. So, what's happened along here IS these four lots have become a little bit narrower, as you see here. So, they have been working With staff. We were aware of what they were dOing. They do plan on coming in With a combined preliminary/final plat application to re-subdlvide this large lot here. In general, staff felt it was the preferred alternative to having the house in the landscape buffer. And that concludes staff's comments. De Weerd: Okay. Did the applicant agree to your staff report or IS the application here and would like to comment? Okay. Please state your name and address. Brown: Kent Brown. 1800 West Overland, BOise, Idaho. We have been working with staff and have made those modifications. We feel that this is a lot better configuration with what we have to work With, with the house and hope to soon be back with a preliminary and final With no improvements, because we will have everything done with thiS plat for that re-subdividing of that. Stand for any questions. De Weerd: Okay. Any questions? Meridian City Caunci! April 6, 2004 Page 12 of 68 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Lot 13 where the current house sits, there will be no access on Ten Mile; is that correct? Brown: That's correct. Rountree: I happened to have driven by thiS on my way home Saturday and they are doing some work on the site and they are tiling or piping a ditch and my question is has anybody bothered to contact the folks who use that ditch? Careful. Brown: I'm not aware, so the applicant is here and he can maybe speak to that. We have been working with Nampa-Meridian on that I know and have been trying to get that in before the water gets in the ditches. Rountree: Okay. Brown: As I understand in the original application, a neighbor to the north where it says Rod's Parkside Creek, that gentleman did testify at the preliminary plat hearing and wanted to continue to get access to the water. As I understand, he didn't -- wasn't allowed access to the water and that's as much as I know about the ditch. Rountree: Okay. That's kind of what I wanted to hear. Thank you. I do have another question, though, about the ditch. On the edge of Ten Mile where you transition into Rod's Parkside Creek, is that going to be the -- the planting berm and landscape berm going to run into that and what's going to be done with the ditch at that point? Because there is some potential issues there. Brown: I would have to look. Rountree: Okay. Brown: It's just a recent project I have been given. Richard Cook was handling this and he accepted a job at the county and so -- but I can bring that information back if It'S a concern to you. Rountree: That would be helpful. Thank you. De Weerd: Okay. Thank you. Any further questions? Right answers, Kent. Okay. Staff, did you have anything further? Okay. Coundl? Bird: Madam Mayor? Meridian City Council April 6, 2004 Page 13 of 68 De Weerd: Yes, Mr. Bird. Bird: Hearing no more, I would move that we approve FP 04-014, final plat approval of the changing of Lot 13 for Woodside Creek Subdivision. Rountree: Second. De Weerd: It's been moved and seconded to approve Item number eight. Is there any further discussion? Okay. Mr. Clerk, Will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: FP 04-017 Request for Final Plat approval of 57 single-family residential building lots and 10 common lots on 11.08 acres in an R-8 zone for Soda Springs Subdivision by Todd Campbell Construction, Inc. - east of South Locust Grove Road and north of East Victory Road: De Weerd: Thank you. I would like to welcome Troop -- I believe it's 198. That's what I saw on their arms when I welcomed them. But thank you for jOining us here. They are here after their merit badge. So, thank you for joining us. Okay. Item No. 9 is FP 04- 017 for Soda Springs Subdivision. Start with staff comments. Powell: Madam Mayor, Members of the Council, this is the final plat for 57 single-family residential lots and ten common lots. The property takes access off of Victory. I did want to point out one error in the staff report. For some reason, the first -- the header got changed on the first page, but not the subsequent pages. Staff is recommending approval of this. It IS in substantial compliance with the approved preliminary plat. It's a single-phase subdiVISion. Here is the preliminary plat and there is the final plat. So, there is, really, very little changes. There were -- Public Works has issues regarding condition number 21. We have met with the developer and I do have a note that says he's in agreement with the conditions of approval. He IS not here this evening. And with that I will give it over to Brad. Watson: Madam Mayor and Council Members, the one addition to staff comment number 21 regarding utility drainage and irrigation easements. It's a rather lengthy condition. I would just like to add to the end of that one sentence that states these utility drainage and irrigation easements maybe smaller if agreed to in writing by Nampa- Meridian Irrigation District and that's it. And I did speak With the developer. He had to leave for Kuna tonight and he was okay with that statement. De Weerd: Thank you, Brad. Any questions for staff? Okay. I would entertain a motion. Wardle: Madam Mayor? Meridian City Council April 6, 2004 Page 14 of 68 De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.9, FP 04-017, final plat for Soda Springs Subdivision, to include all staff comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No.9, FP 04-017. Any further discussion? I will go ahead and call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 10: FP 04-018 Request for Final Plat approval of 30 single-family residential building lots and 9 common lots on 20.89 acres in a R-4 (PO) zone for Bridgetower Crossing Subdivision No. 6 by Primeland Development, LLP - south of West McMillan Road and east of North Ten Mile Road: De Weerd: Okay. Item No.9 is done. Item 10 is FP 04-018 for Bridgetower Crossing Subdivision No.6. Anna. Powell: Madam Mayor, Members of the Council, this is a final plat for 30 lots. It is the sixth phase of Bridgetower and the preliminary plat is shown in the red circled area and I want to point out while we are here, this is the proposed site for the new school and the preliminary plat is, as you see, in substantial compliance with the -- I mean the final plat is in substantial compliance with the approved preliminary plat. I realized at a late hour that we didn't have the second sheet associated with this plat for you on the presentation. I apologize for that. The road does continue for a bit to provide access to that school site. So, it -- right now It's going up to about here and it actually extends to here, so that there is access to that school site. Staff is recommending approval. It is in substantial compliance, as I said, with the approved preliminary plat. I do not have a letter from the applicant regarding -- oh, she's nodding that they are in agreement with the conditions of approval. I'm sorry. There is a letter. I apologize. De Weerd: Okay. So, the applicant is In agreement. Thank you. Bird: Make her come up and state that. De Weerd: Council, would you like to confirm that verbally on the record. No, you don't have to. We are just giving you a hard time. Stiles: We will comply. Meridian City Council April 6, 2004 Page 15 of 68 De Weerd: Council, do you have any questions for staff or the applicant? Thank you. I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, FP 04-018, final plat for Bridgetower Crossing Subdivision No.6. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 10. And just for the record, everyone in our audience, we try and give all of our former employees a hard time when they are In front of us. Mr. Clerk, will you, please, call roiL Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: 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: De Weerd: Thank you. Okay. Item No. 11. We do enter our public hearing process __ on all of our public hearings we do have an ordinance that requires us to ask those that are willlng to -- willing -- willing and asked to provide public testimony to, please, participate in a swearing-in process. Those that are wishing to provide testimony tonight In this public hearing process, if you will, please, raise your right hand. Is 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.) De Weerd: Thank you. And I would like to also recognize our visitor from Troop 1 and welcome you to the City Council meeting tonight, too. It's a pleasure to have you. Okay. So, I will start -- I Will open the Public Hearing on VAC 04-002 Scottsdale Subdivision with staff comments. Powell: Madam Mayor, Members of the Council, this is a vacation request. The property is just south of Franklin. It has access on Alden and Southwest 8th Streets as shown there and there. The lines you see before you are the original platted lines. This was originally done as a commercial plat and has been subsequently approved as a reSidential plat. When they went to record the residential plat or the re-subdlvision, the Meridian City Council April 6, 2004 Page 16of68 county engineer requested -- required that they go back and vacate all the easements that were part of the original commercial plat. So, that's what's being requested for vacation this evening and they did need to go through the same process. They have been before the Planning and Zoning Commission, who has recommended approval and it's before you tonight and staff is also recommending approval of their vacation request. De Weerd: Thank you. Powell: There are no utilities in the easements. De Weerd: Okay. Is the applicant here on this Item? Do you have any testimony you would like to provide? Okay. The applicant agrees. Are there any questions for the applicant or the staff members? Okay. Is there anyone else in the audience who would like to provide testimony on this item? Okay. Hearing none, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we close the Public Hearing. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item No. 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve VAC 04-002, vacation of easements for Scottsdale Subdivision. Bird: Second. De Weerd: It's been moved and seconded to approve Item No. 11, VAC 04-002. Is there any further diSCUSSion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Meridian City Council April 6, 2004 Page 17 of 68 Item 12: Public Hearing: MI 04-001 Miscellaneous request for a temporary use for a child care center for approximately 40 children while waiting for a CUP for Tara Gorton by Tara Gorton - 220 East Fairview Avenue: De Weerd: Okay. Item 12, a Public Hearing MI 04-001, for a Tara Gorton. I will open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, I was just surprised to find out we didn't have a vicinity map. I'm sorry. This property is located off of Fairview Avenue about 500 feet west of -- or east of Main Street. North is going that way. There we go. I'm sorry. I'm having a hard time getting oriented today. As you know, we don't usually bring temporary uses to you. You decided -- I believe it was two or three weeks ago to consider temporary uses as a miscellaneous application and that's why we are here tonight. The applicant has requested a day care and on -- for this -- she's asking for the temporary use for this property as a day care while the Conditional Use Permit is being processed. She does have the Conditional Use Permit application in the works. When we evaluated the site for the temporary use, we used those conditional use standards as the basis for the recommendation, feeling that that would be the best way to provide her information and regarding possible conditions of approval for the day care facility. My mouse isn't working very well today here. The Big-O Tires is right here. It does share a driveway with Blg-O Tires. You come into the property there is -~ all this shaded area is asphalt currently. There is an un-striped parking area in -- right toward the front. It looks like it would hold about two and a half cars. There is an entrance here and an entrance here and there is an exit in this area here. Mrs. Gorton IS proposing to have a fenced-in play yard right here in this location. There are -- there are three car bays -- repair bays located at the rear of the property. Two of those bays are currently leased to an auto repair service. We have contacted that person regarding the need to get either a certificate of zoning compliance or conditional use approval for that use. They have not done that yet. There is also a for lease sign up for the third bay and for this trailer that's In the back and I believe that this trailer never received official approval under past ownerships. Staff is recommending denial of the temporary use based on a number of safety concerns. And I do have Joe Silva here to -- the fire marshal to talk about some of those concerns. I'll try and go through a few of them. One of the primary issues is just the proximity of the front door to Fairview Avenue. This is the door right here. Actually, you can see it better on this one. There is a door here. There is a door kind of behind the Taurus there and this is Fairview Avenue right there. So, there is not much separation between those doors and the major arterial street. These are the -- as you go around the building, those are the auto bays and that building right there is the office that's in the back. As you see here, there is a swinging gate that closes off a portion of the property. On the site plan -- I'm trying to find the -- thiS one doesn't show the parking. The one for the Condition Use Permit actually shows the parking. She's proposing two parking spaces here, two here, and I believe three up there. Once she gets that parking in, though, which would just be striped parking on the asphalt, there is not sufficient clearance to get emergency vehicles up there, so you can't get a fire truck, you can't get a garbage truck, you can't really get anything. There is not a sufficient distance between the parked vehicles to get a vehicle -- or emergency vehicle to the ( Meridian City Council April 6, 2004 Page 18 of 68 rear of the site and, then, there IS no designated turnaround area once they are at the rear of the property. I'm just going to go through some of the other slides. This is the area -- this fence would be kind of the back of the fenced-in area for the children. So, this material would be on the other side of the fenced-in yard. That fenced-in area is right here. This is the drlve-thru for the Burger King on the other side. They have agreed to -- there is currently a three-foot fence. They would put up a non-climbable six- foot fence in that area. But the problem is there IS an exit -- and I'm just trying to summarize some of chiefs -- Fire Marshal Silva's concerns. There is a fire exit out there that's an important secondary exit for the property, but the kids would be penned in this area. So, there needs to be a way for those children to get out, so this gate would have to be unlocked. And, then, once they get past this gate, though, there is a lot of equipment that may not be appropriate for small children to be trying to get past in the event of a fire. This IS the drive-thru for Burger King. You can see the car there. This is the three-foot fence that would be replaced by a taller fence. This is the kind of covered outdoor area where the access comes out. And this is an Interior view of the space where the day care is proposed to be. The applicant has worked with the owner of the property to agree to fence the Irrigation ditch at the north end of the property. That was one of the concerns stated in the staff report as well. I believe that the last Issue is in regard to -- there is a door that connects the service bays with the area that's proposed for the day care and because the fire code requires a three hour fire wall separation between the two different uses, between the educational facilities and the service bay or automotive repair and as It exists that wall will not meet that standard, that three hour standard. I believe that Mr. Silva has been working with the applicant and trying to come up with Innovative ways of not only meeting that three hour separation requirement, but also insuring that if children get out of those front doors, how any attending staff can be alerted before they might -- those children might get onto Falrview Road. I think at this point I'm going to leave it -- staff's presentation and let Mr. Silva fill in the blanks of the items I have missed. Silva: Madam Mayor, Members of the Council, we made an on-site Inspection just to kind of facilitate, you know, thiS discussion this evening and a couple of things that I want to point out. Number one, that rated wall that we are talking about, that three hour separation, is this wall right here and it was depicted in an earlier digital photo of a door that looked -- appeared to be a wooden door, which is an unrated door, that just -- it's a metal -- a light gauge metal door that separates this present car repair facility from the proposed day care use here. And it's hard to judge the Integrity of thiS wall. It appears to have several -- numerous penetrations -- electrical penetrations and so forth. ThiS had been a -- some sort of a cabling company at one time and they had numerous penetrations that had gone through this masonry wall here, so there is some challenges there. One thing we discussed with the applicant was the possibility of grouted that wall and perhaps providing some sort of automatic fire alarm system to proVide early notification to the occupants of that day dare faCility, so they would have more than adequate time to evacuate. So, that brings about a second challenge is where do we evacuate to. There IS -- one of the concerns is that once the children go out this main exit that perhaps a child inside may hit this front door quicker than staff becomes aware of and is out thiS front door and probably 30 feet, 40 feet from Fairvlew, and what we /" , Meridian City Council April 6, 2004 Page 19 of 68 discussed with the applicant was the possibility setting up a beam say about seven or eight feet inside that door that would allow a distinct audible tone that staff would know that there was somebody moving toward the door, toward the front door from the interior, with a separate audible notification that would -- they had indicated a door chime that the front door was being opened at some point, so you could tell which way the traffic was moving, because one of the primary concerns is that a quick child could make it out that front door and because the door has to remain unlocked during business hours to allow for qUick evacuation. A second means of egress that was discussed with the applicant would be thiS door right here that would lead out into this area right here and would go out a gate right through here into this area to allow access to what's called a public way. That works, but there is some -- presently some discarded motor oils and discarded auto parts In this general vicinity right here that are of concern. So, those are the concerns we observed when we were out there for a site inspection. The other alternative would be to take them through this gate right here and fence in with a -- perhaps a three foot fence in thiS area that would allow just a containment area for the children should they need to be evacuated from the day care. So, with that I will stand for questions or concerns that Council may have. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Joe, now you tell me that wall needs to be three hour rated; right? The wall In there? Silva: Yes. This one right here? Bird: And what type of construction is it right now? Silva: It appears to be a siX-Inch concrete block wall with no fill, no concrete motor that's been placed inSide of it. It's a hollow wall. Bird: And it is from foundation to roof? Silva: It appeared to be, but, obviously, we are dealing with something that's already been constructed that we can't really see all the aspects of the type construction. Bird: Even filled, would a six- inch block concrete meet the three hour fire? Silva: Yes, we were looking up -- I believe it would. That one door that was depicted in an earlier digital photo that looked to be a wood grain door IS actually the door -- thiS one right -- please. Yeah. This one right here is actually a light gauge metal door right here and what we discussed with the applicant and the owner at a joint meeting was perhaps doing some sort of rated sheetrock assembly or just provide blocks In here, just Meridian City Council April 6, 2004 Page 20 of 68 fill this in with masonry block to complete and fill in that opening. Bird: And you do believe that block wall goes on up above the ceiling? Silva: It appears to be, but this is a hard lid here, so it's hard to inspect and do a visual confirmation. Bird: I was gOing to say, that looks like a hard ceiling to me. Silva: It is. Bird: So, it would make -- I would think it probably goes through, but I wouldn't -- and it has to be completely -- it can't be penetrated above the ceiling, it has to be solid up there to meet the three hour wall. Silva: That's correct. Bird: Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Mr. Silva, are there any other concerns from the Fire Department about having a child care center adjacent or in the same building to an auto repair business, from a fire standpoint? Silva: This one right here -- this is the gate. You're looking, actually, south right here and this is, actually, Cyclone -- a Cyclone fence gate right here and this is just -- we discussed with the applicant just providing a secondary containment area should we choose to -- should the applicant choose to bring the children out this way. This stuff -- excuse me. The discarded motor oil, which is in a -- there is two 55 gallon drums right here. This material needs to be put in a separate containment area where the kids can't access It and, then, what we had suggested to the applicant that there be a padlock on this particular gate here and, then, they would go Into the rear yard or the south yard of the facility and would be able to access a public way. But the concerns are that those kids that are evacuated out of there, that some kids, who are not -- you know, who are quick may evacuate on their own and be someplace that we don't intend them to be, Le., Falrview or down to the canal. That's why we requested and shared with P&Z our concerns over the -- over this unfenced canal right here. Basically, we need to somehow secure this. And that's not necessarily a fire code issue, but just a general safety issue. De Weerd: Thank you. Any further questions? Okay. Is the applicant here? And I believe I saw your hand up when we swore everyone in? Meridian City Council April 6, 2004 Page 21 of 68 Gorton: No. De Weerd: No? Okay. 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? Gorton: Yes. De Weerd: Thank you. Please state your name and address. Gorton: Tara Gorton, 1155 South Linder in Meridian. De Weerd: Thank you. Gorton: Good evening, Mayor De Weerd, Council Members. At this point I want to bring up the following issues -- obviously, there is many. As far as the safety issues are concerned, there is nobody on the planet that's more concerned than me. I love these kids to death and there is no way I would jeopardize their safety for any reason. I'd like to make the issue about parking -- when the site plan was submitted I was not aware that there was going to be the need for a fire lane down the whole side of that west property right here. Yes. This area. So, we have designated that -- it's not striped yet, but we will designate that as a no parking area, so it does comply with the 25-foot minimum for parking. There is also a concern about turnaround in the back. You can see all of that, that strip is already paved. Anything that's complete white is in that -- can also be paved if needed. So, we are going to have at least two or possibly three parking spots in the very front towards Fairview Avenue there and, then, any additional parking will be striped towards the back of the property and I need a total of seven spaces to comply with city ordinances. Like I said, the landlord is willing to pave additional areas as needed and the lot will be cleared of any unnecessary cars. He just bought this property, so there is a lot of personal cars and stuff on the lot right now, which will be removed after this is approved. I think that resolves any of the parking issues by using that back half, as well as the front. We are going to be removing the swing gate, so the Fire Department can get towards the back and so that city, fire, and trash removal services can also get back there. We are going to completely fence off Five Mile Creek with a six foot chain link fence in accordance with the Planning and Zoning department, as far as what materials we need to use and we also need to contact Nampa-Meridian Irrigation District as far as how close to the ditch they want us to have that, but we are going to do that. I am going to install a fire alarm system. I did talk to someone today and they are going to be giving me an estimate tomorrow. If we can't come to some sort of agreement with the firewall, I believe a fire alarm system -- it's more up to date and I think it will be a lot better than trying to construct what's already existing over there. We are going to remove any hazardous materials. We are going to have a separate containment area for any of the oil or any other issues concerning the garage back there. All of that will be cleaned up. And, like I said, there are some safety issues with other things that are out there, but, you know, it's an Meridian City Council April 6, 2004 Page 22 of 68 existing site. My landlord just purchased the building and so he's going to clean that all up. Are there any questions for me? De Weerd: Council, do you have questions for the applicant? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mrs. Gorton, a couple of concerns. Has there been any type of level one, level two inspection of the ground itself? Normally, what happens in auto repair types of businesses is the ground gets saturated with gasoline and oil and those types of things and so do you know -- has there been any inspection on the quality of the ground? You're going to have kids out there playing in the dirt or in the grass that may have been saturated with oil. Has anybody even inspected that? Gorton: Although it is -- it does -- it's close to that, that existing ground that's there right now was actually part of a residence and so there was no -- no material -- hazardous material in that part of the -- where the -- where my playground is going to be. Nary: Right here? Gorton: Yeah. Nary: Didn't they say there were two 55 gallon drums of oil right here? Gorton: Yeah. They did. What I'm saying is as of the prior uses, the place -- the sodded area that I'm using for my day care area right here, there wasn't ever any hazardous materials there. But you're talking about leaking into the ground? Nary: Right. Gorton: Right. No. I have not done a soil sample or study about that, but I'm willing to do that if you'd like me to. Nary: Well, where is the fence? Right here where my pointer is? Or isn't it right there? Gorton: Right there. Nary: Okay. And the oil is on this side of the fence? Gorton: Yes. Nary: Okay. But we don't know how long it's been sitting there or how long -- because it certainly can saturate to this area, so that's -- Meridian City Council April 6, 2004 Page 23 of 68 Gorton: It certainly could. And, no, I don't know. I just know that the owner just recently leased that to the prior occupant right now. Nary: What was your intention for drop off? I mean the front door is right here and we did have a letter from Big-O Tires, because they are right adjacent -- I mean there is no real drop off area at all for the kids. I mean this is a parking space, so there is going to be cars in it. Where would you -- Gorton: Pick up and drop off is located in the front and that's what those three or two and a half -- I'm going to be able to get three in there once it's eventually paved completely. Three parking spots. Those three parking spots will be designated for picking up and dropping off. Nary: Okay. So what-- Gorton: But I need a total of four, so that would be an additional one near the rear of the building. Nary: Well, how many kids are going to be in this facility? Gorton: I have a total capacity square footage-wise for 40. That doesn't necessarily mean there is going to be exactly 40 kids occupying the property. Nary: And how many people are going to work at this facility? Gorton: Three. Nary: And where are those three people going to park? Gorton: In the back. I need a total of seven spaces. Nary: Okay. So, they are all going to park back here somewhere? Gorton: Yes. The staff parking will be towards the back and the main parking towards the front will be designated for pick up and drop off. Nary: And if more -- with 40 people, I guess, what's really difficult to imagine is that __ my experience with day cares is you tend to get a glut of people at one particular time and you get a glut -- in the morning and a glut of people in the afternoon. So, if you have more than three people, if you have got people trying to back out of a parking space while other people are trying to enter off of Fairview, there is a driveway -- typical driveway in this location, if my recollection is right, and so -- I mean it doesn't appear to be a very good traffic flow. Meridian City Council April 6. 2004 Page 24 of 68 Gorton: It doesn't seem to be, but that's exactly how many spaces I have at my current facility right now and it works just fine. In fact, I park my car there once in awhile, too. It seems to work just fine where I'm at. Nary: And there is no shared parking arrangement at all with Big-O? Gorton: No, there isn't. I know -- I'm not opposed to that. I guess when Mr. Palmer, my landlord, did purchase the property, he did create some parking stops right there, so people couldn't go -- if you allow people to go through and you have got the same issue, you have got kids loading and unloading and, then, you have got people going through and using that, so I just think that creates more of a problem if you're going to have a drive-thru area, considering the safety factor. I think people designated for my area need to pick up and drop off and people ~- I'm not opposed to it, but that's what my landlord did, so I could certainly bring that up with him. I know the gentleman next door was using that parking fat until Mr. Palmer bought it. They were sharing it prior to that. De Weerd: Any further questions? Bird: Madam Mayor, I got one question. De Weerd: Mr. Bird. Bird: Now the auto repair business stays; right? Gorton: As far as I know, yes. Bird: And where is their parking for their cars that are being repaired and waiting to be repaired and -~ Gorton: I don't have a pointer, but it's going to be towards -- yeah, right there. Towards -- more towards the fence. Down a little bit. Right along there. Powell: Mrs. Gorton, there is a pointer on the podium there. Gorton: Oh, there is? Okay. Sorry. I didn't know. Bird: I thought you said that's where your employees were going to be parking? Gorton: No. I will show you. If I can work this. Okay. This is my picking up and drop off. This is the fire lane. This is all completely paved right here. There is enough access for all of the turn abouts. We are going to stripe it for the Fire Department to turn around. I have a diagram showing the proper distance and stuff from there. and, then, all of this along here is completely paved. Plus, if we run into an issue with parking, all of this is dirt, it can easily be paved to accommodate any other parking right here. It's a very big lot and I can use any of this stuff for parking if I need to. Meridian City Council April 6. 2004 Page 25 of 68 Bird: A follow up. I take it that -- that the cars in the repair business there come in from the west side exit -- enter and exit from the west side of the shop; am I not right? Gorton: Yes. Yes, they do. Right through this area. Bird: And some of the cars are brought in on wreckers and stuff like that and are parked around waiting to get serviced or repaired? Gorton: I'm not sure what the nature of his business is, other than car repair. I don't know exactly -- I don't know how to respond to that, because I'm not sure exactly. I know that he's going to have four designated parking spots here. Bird: For employees or for customers? Gorton: He does -- doesn't have any employees. It's a single person operation. And four spots for him and his parking. I guess they have designated this along this fence line for him. Bird: Thank you. De Weerd: Okay. Any further questions? Thank you. Is there anyone that's -- is there anyone else who would like to testify on this application? Okay. Council, do you have further questions for the applicant or staff? Do you want to have any discussion? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. If there is no further questions -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing for MI 04-001. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Nary: Madam Mayor? Meridian City Council April 6, 2004 Page 26 of 68 De Weerd: Mr. Nary. Nary: I guess I'll kick off the discussion. I think the information from the Fire Department as to fire safety of this facility just frightens me. I don't see this as a viable facility for children at this time and I don't know that it -- I don't know that it can't be made into a viable facility, but I don't think it's a viable facility right now. I couldn't sleep at night if I voted for this application. [just don't think that right now this building is set up or designed or built to house up to 40 children with the fire safety concerns, the parking, the compatible use of trying to be compatible with the surrounding businesses, gives me some concern. But for this miscellaneous application and what we have to evaluate and whether or not at least on the interim basis while this is being considered for conditional use, whether or not it can be operated, the standard of care here is -- it isn't Mrs. Gorton that concerns me, it's the facility itself. I think this facility is just not designed right now and isn't in a condition to house children in it. Maybe as part of the conditional use process it will improve, but right now I just can't, in good conscience, vote to approve this application. De Weerd: Thank you, Mr. Nary. Mr. Wardle? Wardle: Madam Mayor, I would also agree with Mr. Nary. I'm trying to stay objective here. My nine~week-old child started day care yesterday for her first time and I consider what I would do in this situation, both as a parent and as a Council member and the safety concerns from the Fire Department are very important to me as well, so I agree with Mr. Nary. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll give my two cents worth. I also am concerned about the fire safety, but I'm just flat concerned about the safety. Oil back in those 55 gallon drums can leach out and it don't take long to do it and that's a very small parking lot in there, you have 40 children, that adds up to quite a few cars in and out of there. You have got another repair business that's working on automobiles and bringing in and towing and I'm sure wrecker seNice and everything else. I just -- I just don't feel that those two types of businesses mixes very well and I really have a question on that locality if it can be done there with exist building -- with an existing business in there, especially mechanical. De Weerd: Thank you. Any further comments? Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Counal April 6, 2004 Page 27 of 68 Nary: I would move we deny MI 04-001, request for a temporary use for a child care facility at 220 East Fairview by Tara Gorton, based upon the staff comments, the staff report as presented, and the comments of the Council this evening. Wardle: Second. De Weerd: Okay. It's been moved and seconded to deny MI 04-001. Is there further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: V AR 04-003 Request for a Variance for a one year Time Extension for recording of the Final Plat for Autumn Faire Crossing Subdivision by Gemstar Properties, LLC - west of North Black Cat Road and south of West Ustick Road: De Weerd: Thank you. Okay. Item 13 is Public Hearing VAR 04-003, for Autumn Faire Crossing Subdivision. I will open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, this is -- this comes before you as a variance request, because the time for requesting a time extension has past. I believe long past, actually. It was a -- the preliminary plat was approved in December 18th of 2001. This is the final plat, I believe. I'm not sure we found it. This is the final plat. As you see, there is a large park in the center of the property. There we go. Sorry. There is a large park in the center of the property. It does comply with the approved preliminary plat. Staff was not able to make the findings for their -- to approve the variance and so it is before you tonight with a staff recommendation for denial. The applicant can provide more information on why they were unable to get the plat done in a timely fashion. I believe Mr. Strong is here to encourage us to allow the park to go forward, so that -- they have dedicated that lot as a city park. I'll end staff's comments with that. De Weerd: Anna, that city park isn't tied to this particular piece, though, is it? It was part of the whole application for Autumn Faire. Powell: But it has not been platted as this time. De Weerd: Okay. Right. Okay. Any questions of staff? Okay. Is the applicant here? Okay. Please state your name and address. Conger: Yes, ma'am. Jim Conger, 405 South 8th Street, Suite 131. De Weerd: Thank you. Meridian City Council April 6, 2004 Page 28 of 68 Conger: Madam Mayor, Council Members, we are here before you on behalf of Gemstar Properties requesting the variance to submitting the final plat. Basically, Autumn Faire Crossing is -- in its originally format, a previous phase -- there were four phases that have been completed within this community. This is the final parcel of land that -- it ended up from a sequencing standpoint made more sense to push to the end. It is -- if you look at the overall site plan, it is the furthest piece in the back and from a logistics standpoint made the most sense to be the final phase. This will be the final phase of the entire Autumn Faire community. The park site, Madam Mayor, as you did indicate, is part of the development agreement. It is not tied specifically to just this piece of land, but it was -- made the most sense for this 6.88 acres that was being donated by this developer to be accommodated back on this last parcel. So, our goal is to come forward, get the extension, and move immediately with the final plat. We have been working with Mr. Strong as well in getting the final plat and pushing forward and getting it recorded and, then, deeding over a lot and block is much cleaner than a metes and bounds as -- we don't anticipate, but typically between a final plat and a preliminary plat there can be some minor modifications that a metes and bounds is quite as appropriate as a true lot and block. In the staff report, obviously, as indicated by staff, there was recommended for a denial. When this kind of came to light -- and we knew it was light as we kept pushing this phase towards the last, it was indicated by staff to -- as we worked with them, to request this time extension through the variance process, as it does allow it. In going through, you actually approved I think two on January 13th of this year and that staff report reads a little bit differently in the bottom recommendations in this staff report. That those two staff reports that were approved in January 13th identified that there were already eleven done in the last ten months or eleven months or something of that nature of this same nature. Now, there is two items when I same nature. One is extension for submitting a final plat and the other is a time extension for recording a final plat. So, I think within those ten or eleven applications that were approved through the variance process, combined both of those -- both of those applications. So, I think, in closing, we want to work with Mr. Strong, we want to get the city park deeded over and this variance -- I guess approval of this variance would allow us to do it in a more timely manner. If we start over at the preliminary plat, we will be deeding it over next year, as it will take that long, probably, to run through the process and if we are able to move forward, as requested with the variance, we would be submitting a final plat, hopefully, within the next three weeks, pending getting our final construction documents out of our engineer. The plat is ready to be submitted and that would put us in a better position for late summer, probably not even early fall to get the plat recorded and deeded over -- and deed the park over to the city. With that I'll stand for questions. Powell: Are there any questions for the applicant? Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council April 6, 2004 Page 29 of 68 Nary: Mr. Conger, I didn't see it in the staff report and -- when was this -- it was originally approved in 2001, so when were you supposed to have had this done? Wasn't it '02? Conger: Yeah. I would suspect '02. I'm doing the math to -- Nary: And normally -- and was there an extension ever granted? So, are you two years plus past when it was supposed to be -- or a year and a half plus past when it was supposed to be done? Conger: I think -- Nary: You never requested an extension; right? Conger: That is correct. Yes. Nary: So, 2002 was, actually, when it all expired. Conger: Correct. I would answer that more quickly. I was not so much dealing with the approval process, so I'm going off mathematical dates in my head and I think you are correct, but -- Nary: Okay. Thank you. De Weerd: Any further questions? Okay. Thank you. Okay. We have some public signed up. Holly Van Kirk? Would you like to provide testimony? Van Kirk: I didn't raise my hand. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Van Kirk: It is. De Weerd: Thank you. Please state your name and address. Van Kirk: Holly Van Kirk, 5205 West Talimar in Autumn Faire. De Weerd: Thank you. You know, you didn't have to come up, you could have -- so that's a message for anyone else who might have signed up thinking -- Van Kirk: Okay. De Weerd: So, do you have some testimony you'd like to offer on this? Meridian City Council April 6, 2004 Page 30 of 68 Van Kirk: Not necessarily. I think we were just -- on behalf of the other -- my neighbors, we were just concerned that the park would get moved forward, because when we bought this property we were told that the park was supposed to be in this spring. The park was supposed to be done this spring and so the delay of this extension has caused the park to be delayed and so that was our main concern as people in that subdivision. De Weerd: Well, I hate to question your real estate agent, but, you know, sometimes you really should call the city just to verify what you're being told. Van Kirk: Okay. That's-- De Weerd: We'd like to see a park there, too, but that hasn't been on our master plan for building yet at this stage. Van Kirk: So, once the land is deeded over, then, is there a quicker time frame that that can happen? De Weerd: Well, then, it gets into budget issues. Van Kirk: Correct. De Weerd: And so it happens that we do have other parks that we are working to develop, so -- but Mr. Strong, I'm sure, can provide some input, our parks director, and I'll ask him to get up and share maybe what's planned in our master plan for parks. Van Kirk: Okay. De Weerd: Thank you. Rountree: He just volunteers. Strong: I didn't volunteer. De Weerd: It sounds like you have some very eager neighbors, too. So, maybe you can gain some volunteers for your effort. Strong: Madam Mayor, Members of the Council, actually, this neighbor has been in our office asking about parks, so she has sought out the city recently to find out the status of the park. I was moving ahead to actually release an RFP to master plan this park this year and we have from last year, the 2004 budget, dollars in our budget to master plan Autumn Faire and Champion Park, neighborhood parks. As we got further in our process we discovered we didn't have the deed yet for this property, so when I explored further we found the delay and that's put us where we are tonight. If this moved forward we will go ahead and release the RFP to master plan the park this year and as we look at the 2005 budget, we would be building money into that budget or requesting money in that budget to either phase in the development of this park and Champion Park, Meridian City Council April 6, 2004 Page 31 of 68 because it was slated to be developed in 2005 as well, so we would probably have to phase both of those parks or build one and part of another, depending on how the dollars sort out and we are looking at that right now. So, that at least presents some preliminary time frame for building two neighborhood parks at the same time. We have some participation by the developer in Champion Park that will help some of those costs there, so we need to kind narrow that down to see what that is. De Weerd: Now, in Champion Park, that required sod and sprinkler and pump house and a number of things; correct? Strong: By the developer. Yes. De Weerd: By the developer. Strong: Yeah. And it's specific in the agreement that was just completed recently. It won't be deeded over ~- it's not slated to be deeded to the city until 2005 either or -- De Weerd: Okay. Thank you. Hopefully, that answered some questions. Then, it has to go through the budget year. So, we hope to get there. Is there any questions from Council at this point? Is there any further testimony? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Shearer: I do. De Weerd: Thank you. Please state your name and address. Shearer: Tracy Shearer, 5191 West Talimar. I'm Holly's next-door neighbor. A year ago when we purchased the property I asked the question to the city -- I did my homework. I asked does the city own that property and the answer was yes. And I asked the question do you plan to build a park in the near future and the answer was yes, spring of this year, specifically April of '04. I even talked about the layout of the park, where the parking was going to be -- I did my homework. I believe -- just from memory, because I didn't bring my stuff with me. I believe I talked to somebody by the name of Kim that works in planning here, but I could be wrong on the name. The reason I brought it up is I questioned the fence in our backyard about it's only four foot high, you have kids and a dog, could I put an extension. They said, no, you have to put a lattice up, because there is a jogging path -- I mean that's how we got into the whole park conversation. Holly didn't mention it, but -- and I'm not blaming anybody, so don't take it that way, but when we purchased the property we paid extra for our land, our property, because of in proximity to the park and they kind of touted that as one of the reasons why everybody on that strip ~- and if you go back to the other -- the first map, the yellow one, I can show you where our property is. Our property sits right there. And this is -- there is a four foot fence that runs all through there. Again, they touted that as the reason why we were paying extra and they kind of sold that as one of the selling points of the subdivision was to put the park in. I know things change and I understand budgets and stuff. My question to you is if you don't do it this year, when will it be Meridian City Council April 6, 2004 Page 32 of 68 done? And, in the meantime, everybody is dumping garbage in that field, they are riding dirt bikes, A TV's, there is no posting, nobody seems to take claim to the land, and there is weeds growing against our back fence that are five feet high right -- they were last year and they will probably be that high again this year, so you get into fire hazards and a few other things. Who is supposed to maintain that land in the interim until the development is done? I'm a little worried about somebody getting hurt out there. At 8:00 o'clock in the morning on a Saturday I'm laying in bed trying to get some rest, because I work 60 hours and I hear clods going back and forth behind my house against that fence and it's very annoying, but it's not posted, so everybody just figures it's -- you know, they can do whatever they want out there. And the garbage piles are getting bigger. The other day I noticed a neighbor dumping stuff out there. I won't rat out my neighbor, but I didn't like the idea, but because no body's taking claim to the property -- I guess the open-end thing is when would the park be built? I know it's tied to budget, but would it be next year? Year after? Would this thing be open ended and in a year or two I would be back asking the same again. And I'm kind of alarmed that two years later we haven't put the plan together. I'm not trying to blame the developer, but kind of messed up a little bit there in the planning. So, anyway, that's my comment. Just what the long term is, if there is one. And, then, in the meantime the safety issues, fire and dumping and all that, that needed to be addressed, post a sign or something to keep people out of there. De Weerd: Certainly I think either our planning director or maybe our city attorney can offer you information on who enforces -- you know, unfortunately, when you get a vacant piece of property it does become the dumping ground to the neighborhood and I walked through your neighborhood when I was campaigning and I saw that, too. I did call the code enforcement officer, but it's -- Anna, can you maybe answer a few of those questions in regards to the garbage and enforcement issues? Powell: I'm not sure related to the garbage, Madam Mayor, because it's private property still. It's not the city's property yet. So, I would think it would be the responsibility of whoever owns that property at this time. De Weerd: Actually, it's at the dead end to that street, isn't it? Shearer: Right. And we thought it was city property. Up until this meeting I did not know that it hadn't been deeded over. In fact, when I called last year they said it did belong to the city. That's why now I'm kind of taken back. Powell: Well, it does not yet belong to the city, so I believe it's still the private property's responsibility. Now, we do have -- the police department does enforce weeds at times and those code enforcement officers do deal with weed control, working cooperatively, I think, with Ada County. De Weerd: I guess does the chief have anything he would like to add? Well, it is private property and I guess it should be the responsibility of the property owner and the applicant can answer to this as well. Meridian City Council April 6, 2004 Page 33 of 68 Musser: Madam Mayor, Members of the Council, in regards to the property, if there are weeds out there we can have that checked or through the ordinance enforcement personnel and have them work on that and see where we are at. Probably the biggest thing we are going to need, though, is to establish who, in fact, does own the property at this point and my guess that it's probably within the developer's name, because oftentimes the title ends up transferring and going that way, so we'd have to contact, do the letter, notice, and that type of stuff for the clean up. That would also apply to any illegal dumping that's ongoing out there at that time as well. We would use the junk ordinances probably to follow up on that and there is a potential we might even be able to bump the state code for littering complaints on it. If we can identify who the people are that are actually doing the dumping, citations can be issued. As to the ATV usage, if it's not posted and if any way, shape or form somebody has permission from that current landowner where it is private property, they can use those vehicles and there is nothing to prevent the use of them off road. Shearer: Even though it's in the City of Meridian? Musser: It's an off-road private property area. It's not city property at this point. Shearer: Do I have the right to chase them off? Musser: Well, unless you own the property you wouldn't have a right to that I necessarily would think would extend and make it a little hard for us to be able to issue a citation or take enforcement action on it and I would caution, depending on how you chase them off, may put you in a position where they could turn around and point the finger back at you and certainly wouldn't want to see that and I understand the dilemma you're in. Shearer: No. I guess the issue would be if they are 8:00 o'clock in the morning blasting up and down behind my house, do I have the right to call the Meridian PO and file a complaint and it sounds like the answer is, no, I don't have a right. Musser: You can go ahead and call us, we can make contact and see what we can do, but, technically, they are not in violation of the city noise ordinance if it's that time of the morning. Shearer; Okay. De Weerd: I guess one thing we could do is get the name and number of the property owner and that would be the person -- the appropriate person to call. Mr. Nichols, did you have anything to add? Nichols: Madam Mayor, Members of the Council, I think the applicant's representative can address many of these issues and address these concerns of the neighbors. Meridian City Council April 6, 2004 Page 34 of 68 De Weerd: Okay. Nichols: And as far contacts, noise, A TV use, all of that stuff, and if -- I suspect, since we are a little far afield from the variance application, if the variance is granted and he moves forward with the final plat in a month -- within a month's time that he promises, then, pretty soon that issue will go away and the property would be deeded to the city and, then, it does become a city issue and also the other lots would, then, be developed and be sold. De Weerd: Oftentimes when we get requests like this, this is a great time to bring up some of the other things on being good neighbors. So, thank you. Shearer: Thank you. Powell: Madam Mayor, before the applicant comes back up, I did want to explain, perhaps, some of the reason, getting back to the variance issue, as to -- as to perhaps why they didn't -- I don't think there is anybody that's here tonight that's been involved with the project for a long time, but what I suspect what happened was this was preliminary platted separately from the rest of Autumn Faire, so as the Tricia's sub came in, they have been coming in in successive phases. However, because this was a separate preliminary plat, it was on a different time line and they have just gotten to the end of the platting process and realized that the preliminary plat had already expired, even though it's probably only been a year since Tricia's sub came in. This was final platted as Tricia's sub. Does that make sense? It was just because it was a separate preliminary plat process that they didn't keep track of that timeline compared to the previous preliminary plat, which they had been working on. So, I suspect -- again this is just a supposition, that that's why the time extension issue was missed until this time. De Weerd: Thank you for giving us both sides of the story. Now, Brad, does this have anything to do with a possible different sewer zone or was there some sewering issues on this one as well? Watson: Madam Mayor and Council Members, as Anna was going through that little dissertation, it jogged a few of my memory cells. I think the whole -- and the developer is here, maybe he can correct me when he gets up. That the whole thing came in as one pre-plat, but only a portion of this could sewer by gravity. They went on with the preliminary plat and about the time the first phase came in they came back and said __ because former Councilman Anderson was very concerned that the park wasn't surrounded by residential lots, they came back with a proposal to use a lift station for part of it, if they could surround the park with lots and I think that's why it came back as a pre -- a separate preliminary plat, although originally it was part of the overall original pre-plat. De Weerd: I think I -- Watson: Does that-- Meridian City Council April 6, 2004 Page 35 of 68 De Weerd: Oh, yeah. That's because I think a couple of us were here. Okay. Thank you. Is there anyone else who would like to provide testimony on this application? Okay. Well, we will ask for rebuttal from the applicant. Conger: Madam Mayor, Jim Conger, 405 South 8th Street. I'm glad a couple of you were here, because I was not involved with this community or development at that time. There were the same sewer issues that I knew of that Brad just had mentioned and I think that supports a little more what Anna was kind of trying to indicate. As we changed the phasing towards the end with this portion of the development, I think everybody kept running along as if it was part of that original preliminary plat and phase one, phase two, and phase three and even phase four all went along per plan and logistically as noted. I think focusing quickly on the variance, it all basically comes back to just requesting support of continuing on the final phase of Autumn Faire 4 and moving forward and we will get that park site deeded over just immediately as possible here in this current year. I think quickly addressing Tracy and some of the other items. The weed factor -- I will take all of this back to my client. The homeowners association owns -- and I'm guessing on the amount of footage, but I can finalize that as I look at plans tonight or tomorrow. The homeowners association owns or it has an easement across approximately 40 feet behind Tracey's fence and everybody's fence, because their property lines actually went out very close to center line of the existing drain that we tiled. So, the weeds and that are within the current homeowners association for the Autumn Faire Crossing development ~- or Autumn Faire development. It doesn't mean my owner is not willing to look at them, but I'll touch base with not only the management company, but also the owner. Now, as far as any dumping or weeds and debris within that 40 feet and further into what is the plat that's shown for the Autumn Faire Crossing, clearly that's my client and if we have some issues, then, I'll talk to him about posting not only for trash and debris, but we don't have a great desire to have four wheelers out on our property anyhow for liability purposes. So, we certainly agree with about everything Tracy said. But the bulk of his issues with weeds is definitely the homeowners association. So, self-policing your neighbors is a good thing, because it just ultimately costs you money in maintenance. I mean it all comes out of funds. So, with that I will stand for any final questions. De Weerd: Just a note in your homeowners association letter, because most of the garbage I saw I'm sure was local. Not too many people go and dump their grass clippings and -- Conger: It's embarrassing. Absolutely. De Weerd: -- a lot of that there, so -- Conger: We are in a lot of neighborhoods around and it's just still amazing how many people throw stuff over the back of their fence and rot their own fence out, but it's done every day. Meridian City Council April 6. 2004 Page 36 of 68 De Weerd: So, if they have that news-letter, that would be worth noting in there. Conger: Yeah. That's an excellent point. Excellent point. De Weerd: So, any further questions from the Council? Okay. Thank you. Okay. Council, any further questions? Discussion? Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Before we close the Public Hearing, I guess -- this one is very frustrating and I guess I wanted this as part of the record, rather than just a discussion, but I wasn't here when this was approved, but this is a problem we can't repeat. I mean these folks -- these neighbors -- I mean they are right, they bought their houses expecting a park. I'm assuming when this was approved the city expected a park and it's ridiculous to me that two and a half years later there is nothing. I mean there is weeds out there and, you know, obviously, hindsight is always easy, that it would have made more sense that this park was in the first phase, rather than the last phase, but, you know, we either have a standard or we don't and what I really hate about this particular application -- and it's not Mr. Conger's fault I know that he hasn't been the applicant in all of this, but we have a standard which we have waived a number of times, but this is a year and a half after this was due, but, yet, if we don't grant it, it's another year before we get this property deeded to the city for us to actually have a park even begun. And I hate being between a rock and a hard place and I hate it when I can't blame somebody, because nobody's here that's the one responsible for this. That just drives me crazy. This is not right for anybody to be stuck in this boat and, you know, by every account -- and, again, it's not Mr. Conger's fault -- we should deny this request There is no reason they should have a variance to file this plat. It should have been done a year and a half ago. It's ridiculous to be asking a year and a half after and if it was the applicant that started this problem, we wouldn't even -- at least for me I wouldn't think twice about denying it. But by denying it we end up really just hurting the city, the neighbors that are there, and everybody else and it doesn't resolve anything and it doesn't send a message to the right people not to do this, so that's my soap box for the record. I know that-- Bird: Madam Mayor, I'll get on the other leg. De Weerd: Thank you Mr. Nary. Okay. Mr. Bird. Bird: I agree with everything that Councilman Nary said and too many times we get backed up against the wall and can't get out of it This was a special item, because of the location that they give us the park and couldn't be sewered by gravity. We knew it was going to do that. I think Brad stated probably the reason this got lost in the shuffle, but I'm like Councilman Nary, I can't believe that you go a year and a half without realizing that you're behind times and I don't care whether you just come on board or what you did. We are at fault. I believe that Madam Mayor and myself, who was on the Meridian City Council April 6, 2004 Page 37 of 68 Council that approved this originally, felt that the property had been deeded already over to us and I feel that probably some of our staff felt that way, so I apologize for the confusion to the owners. But it's something that's got to go ahead. We need to go ahead with it and I'm like Councilman Nary, I hate to be backed up to the wall, but we are here again and it's not the first and, I hate to say it, probably won't be the last. De Weerd: Is there any further comments? Nary: Madam Mayor? I did have one more question for staff. There is nothing that says the extension has to be for a year, does it? Can it be for less than a year? Powell: I believe so. Nary: And I thought I heard Mr. Conger say -- and if he wants -- since the Public Hearing is still open, if we need to clarify -- I thought I heard him say it could be done fairly quickly and so if we don't need a year, I'd rather not extend it a year, I'd rather extend it whatever is reasonable, but let's get this done and let's get this moving on and at least if I have to deal with giving a variance where I don't think it's warranted, let's at least make it reasonable and not just extended it out a year. But, again, if Mr. Conger-- if Madam Mayor's okay with it, you tell us how much -- what's reasonable, I would guess I would be more inclined to do that. De Weerd: Would Council like to hear-- Rountree: Certainly. Conger: Jim Conger again. I think that's -- that's an excellent idea and we would have no issue with that. I would just pick a round number of six months, just in case my engineer -- I know they had a -- my project engineer -- I know this is our own problem __ had a death in their immediate family yesterday and has disappeared to California for I don't how long. Hopefully less than a week. We are -- I think the last drawing I looked at and reviewed, 75 percent complete with the construction documents. Again, the plat is done, but, obviously, we need to have the construction documents as well with the submittal process. So, I would throw out six months just in case something were to not happen. But, certainly I think reducing it from the one year mark would be -- would be no issue at all. De Weerd: If we could also ask that you meet with the neighbors and just get a better idea of what their issues are with the property that's going on behind them. Conger: Yeah. I, actually, meant to say that before I adjourned the time before, that I would meet with them after the meeting, so-- De Weerd: Thank you. Bird: Madam Mayor? Meridian City Council April 6, 2004 Page 38 of 68 De Weerd: Mr. Bird. Bird: Anna, is six months okay? Do you see any problem with six months on your time? Powell: No, sir. Usually it only takes -- from application to time it only takes six weeks for us to get it back up to you and I believe that that's the day that it's hinged on, not the city engineer's signature date. Just -- we will -- we will look it up. If I could ask Council just for -- I was curious if Mr. Nichols had ever heard of a -- kind of are-preliminary platting of a property being tied to the original preliminary plat on any case. And I'm just trying to figure out what to do in the upcoming draft of the zoning ordinance, if this issue needs to be addressed or if it's so infrequent that it doesn't -- De Weerd: Mr. Nichols? Nichols: Madam Mayor, Members of the Council, I'm not aware of that process. De Weerd: Generally we don't have this debate situation, but Council if -- Bird: Yeah. Let her go. De Weerd: Please state your name. Van Kirk: Holly Van Kirk. De Weerd: Thank you. Van Kirk: And I was talking with Doug Strong, I believe, about the fiscal year starts September 1 st for creating funds for the following year, so six months I think would run us -- if they don't deed it over to the end -- very end of six months, I think that would run us a whole other year before they could have funds again for the next park -- for the park to start for the following year. So, I think that would be -- six months would be a concern, just because if we are at the end of the six months, I think we run into the problem of delaying it a whole other year and I think Doug Strong could answer that question. I have one more quick question. Is there a consequence at all for the developer? Maybe they could put in sod -- that they have to sod it for, you know, the consequence of waiting a year and a half or is that -- De Weerd: I think that's an excellent idea, but-- Van Kirk: So, those are my two comments. De Weerd: Thank you. The budget year is from October to the end of September, but we do start planning now. Our parks director did say that they can start master planning that. They can provide a request for a budget, even though we don1t have the deed at ( Meridian City Council April 6, 2004 Page 39 of 68 the budget time. So, he can request money to begin something there as this is all in process. Rountree: That doesn't make it so, though. De Weerd: But that won't guarantee the funds will be available, but he could make the request. So, certainly keep in close contact with our parks director. Any further questions? Mr. Conger, because you are -- have the ability to provide rebuttal to any testimony, do you have anything further to say? Thank you. Okay. I would entertain a motion to close the Public Hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the Public Hearing on Item No.3 for Autumn Faire Crossing Subd ivision. De Weerd: Is that 13? Rountree: Or 13. Excuse me. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion or motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve VAR 04-003 variance to October 1 st, 2004, for Autumn Faire Crossing Subdivision by the Gemstar Properties. Rountree: Second. Bird: That's on the -- excuse me. That's on the time extension for the final plat. Rountree: Still second. De Weerd: Okay. It's been moved and seconded to approve VAR 04-003. Is there any further discussion? Too bad you can't add an amendment to that or a condition. { Meridian City Council April 6, 2004 Page 40 of 68 Bird: I'd love to. De Weerd: I know. It needed to be in the original. Bird: It needed to be in the originaL De Weerd: Unfortunately. Bird: Right. De Weerd: Okay. Any further discussion? Hearing none, Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Councilman Rountree has asked for a break. We will take a ten minute break and reconvene at ten after 9:00. (Recess.) Item 14: Public Hearing: AZ 04-002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Subdivision by Centennial Development, LLC - 3615 South Locust Grove Road: Item 15: Public Hearing: PP 04-001 Request for Preliminary Plat approval for 98 single-family residential building lots and 7 common lots on 24.45 acres in a proposed R-8 zone for proposed Roseleaf Subdivision by Centennial Development, LLC - 3615 South Locust Grove Road: De Weerd: Okay. I will go ahead and call this meeting back to order and open public hearings for Items 14 and 15, AZ 04-002 and PP 04-001. I'll start these applications about RoseJeaf Subdivision with staff comments. Powell: Madam Mayor, Members of the Council, this subdivision is located off of Locust Grove Road immediately south -- excuse me. This is what I need. Help. What is going on. Something was hitting the button. There we go. Now I'm just moving all over the place. Okay. Here we go. It's on Locust Grove Road immediately south of what was recently approved as Tuscany Village. Here is Tuscany Lakes. This was Tuscany Village. We are just south of there and here is the aerial photo. This is the layout of the subdivision. It has a single entrance off of Locust Grove. There is an existing home up in this area. And, as you see now, it has access to the interior of the subdivision, rather than Locust Grove. There are two large parks. This one kind of serves as the more public and visible open space as you enter the project and, then, there is another kind of more private open space located at the rear of the property. There is a long, linear path Meridian City Council April 6, 2004 Page 41 of 68 throughout the length pretty much of the property. Did want to point out -- in this one location there is four units that share a common drive back here and they come past two other lots at the front, so it does meet our common drive standards, although I don't think we ever anticipated that we would have two lots out in front. The Sanitary Services, when we had our comments meeting, they would not enter this private common drives, so there are provisions made to have the trash brought out to the street, and it is a suitable turnaround for the Fire Department, so the Fire Department has no concerns regarding that. Also, at the comments meeting the chief of police had concerns about the -- an alternate method of getting to these houses should the need arise. The applicant and the chief have worked out a solution whereas the policeman could gain access to the property from this common lot with the pathway on it and, then, this will be open -- they are going to open this up and make this common area right here going down to the end of the common drive and, then, there just won't be a fence there. So, there will be a break in the fence here, there will be a green area here that is common space and so you're able to get around there to provide a -- kind of a second means of access up those properties, if there is some obstruction here. The site is developed as 98 building lots and, then, seven other lots, common lots. I did mention the existing house. Did want to point out that this does -- on the Comprehensive Plan this does -- the end of the property is right here. It is fairly close to a neighborhood center. Staff had been working with the applicant to get some additional stub streets to that property, in hopes that there is a finer grain of street networks at that neighborhood center. The lots range in size from about 6,500 square feet up to 10,000 square feet. The existing residential lot on Locust Grove is the largest lot proposed to accommodate that. Moving forward to the recommendation from Planning and Zoning Commission. The Planning and Zoning Commission has recommended approval of the property. At that hearing Shawn Nichol represented the applicant and testified in favor. David Bailey also represented the applicant as his engineer, discussed the reasons for the common driveway. There was quite a bit of discussion about the common driveway. I think we did come to an agreement at that hearing on the issue, that it was consistent with the ordinance. Other key points of discussion included the pros and cons of restricting all direct access to Locust Grove for the existing residence and as a result of that, the Planning and Zoning Commission did require that the applicant change that access and bring it out to this subdivision and we made a commitment as part of the conditions of approval to work with the applicant to provide some sort of garage on that site. The problem being that currently the house is, obviously, oriented this way so it's pretty close to Locust Grove, which is now the back of the property. To get a garage in, our restrictions on front yard garages, which are fairly restrictive, and so this may need to be in the front or side and require some special consideration for that property. The Commission's motion did not -- there is a couple of changes, I believe, that need to be made regarding -- to accommodate the open space area at the end of the common drive and one of those is site specific condition number two and, then, also the Meridian Police Department condition number G-1, which is on page ten of the recommendations. So, those do need to be modified a little bit. I'm sorry. Condition number two is regarding the existing home and, then, G-10 is regarding the common driveway. So, that was one of the outstanding conditions and the other outstanding -- Meridian City Council April 6, 2004 Page 42 of 68 actually, that's both of them. I'm sorry. Got ahead of myself there. I'll end staff's presentation with that. De Weerd: Okay. Any questions for staff at this time? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna? Powell: Yes, sir. Which sir was it? Oh. Rountree: The other one. I have a question on the lot where the present house is and on this display it shows, I assume, the dark green -- I believe that's dark green or some shade of green. Darker green. I assume that's common lot and the landscape berm or some kind of an amenity for the subdivision. Probably also is inclusive of the sidewalk and that sort of thing and provides for the appropriate setbacks for ACHD. What's anticipated on that proceeding north on that one called out lot where the current home is? Are we going to have a lot in there on a continuum with the development to the north that has no sidewalk and no provisions for a widened street? Going to have somebody's backyard there that's not fenced that's not continuous with what's going on north? Powell: Madam Mayor, Councilman -- Rountree: Your graphics are as good as mine. I can't tell what's going on. Powell: Yeah. I think that that is a very appropriate question for the engineer to answer. On the original preliminary plat they did show -- they did not show a right of way dedication or a landscape lot and I think they have continued that here. The existing house would encroach in the required landscape buffer -- Rountree: That's fine. I can continue that on if I don't get the answer. Powell: But, you're right, sir. That does need to be addressed. Rountree: The other question -- and you may have said it and I might have been thinking about that lot some more, what are the little units in the east-west streets on the west end of the -- is that just a landscape median? There is -- Powell: These? Rountree: No. On the through streets. Right there. Powell: Yes. Those are just little traffic calming islands. / I, Meridian City Council April 6. 2004 Page 43 of 68 Rountree: Okay. Thank you. De Weerd: Okay. Anything further? Would the applicant like to come forward? Please state your name and address. Amar: Thank you, Madam Mayor, Council Members. My name is Kevin Amar. Address 114 East Idaho, Suite 230. I have been sworn in and recognize that. This project, as we have been working with staff, we hope tonight we have come to a conclusion that as far as staff is concerned and what we are agreeing to mesh. Both the comments that staff has requested with respect to the additional pathways, with respect to no direct lot access to Locust Grove, with respect to the police department and the Fire Department, we agree with all those conditions and staff, pending any further conversation, is happy with our layout. With respect to the subdivision -- and I will talk about the subdivision briefly. We did have a neighborhood meeting. At that neighborhood meeting there were approximately four neighbors that did attend. Most of those are majority property owners and there were no issues that were brought up at that time that we were unable to address. With respect to the common area, this project has almost 12 percent of actual common area -- or park space, not just common area, so that would be exclusive of the right of way buffers and the islands. But the actual __ what I call park space is 11.7 percent. So, obviously, much more than would be required in the R-8 zone. Now, this common area here is a joint use facility with common area and also storm drains. This common area up here is simply a park. It will have a playground structure in it similar to what you find in many of the subdivisions in Meridian. It will be used -- the frontage will be used for a storm drain, but it will be with a ten-to-one slope, so -- and I have pictures that I can show you what that might look like. Your step down from sidewalk is very, very minimal. So, this is actually a common area that will be usable without -- with the exception of this frontage, without any storm drain within it. This portion back here will have storm drain, but, again, no deeper than 18 inches and most likely much shallower than that. Again, with a ten-to-one slope. So, this project has more common area than I think you typically see in a straight R-8 style subdivision. Now, with respect to this lot -- and Councilman Rountree's question, that __ we initially had desired to take direct access to Locust Grove. Anna Powell, with much persuasion, suggested that we might want to reconsider that. We did reconsider that and that will be taking access from interior of the subdivision. The house sits within that -- if this green line were extended and the common area were extended, the house would actually encroach upon that area. So, the -- what now will be the backyard of this house is approximately 20 feet from the future right of way. We are providing area for the future right of way and future road widening of Locust Grove and we are also installing curb, gutter, and sidewalk to our northern boundary. So, it will be a continual curb, gutter, and sidewalk and will also be continual expansion of the right of way in the future. So, this project will provide for that. With respect to the landscaping, because of the house and the location of the house, that will be a backyard now. It's a front yard currently, but it will be soon a backyard. And will be fenced appropriately from the right of way. I believe that addresses the concerns. We are going to put an additional pathway in here that will provide access to this area. The pathway would not be fenced, i, Meridian City Council April 6, 2004 Page 44 of 68 but will be common area and will be left open. The project itself will have a six-foot cedar fence and, then, on the frontages and on the common areas -- the frontages will have a four-foot vinyl fence and the common area -- I'm sorry. Six-foot vinyl fence on Locust Grove and a four-foot vinyl fence around the parks and the open space and that will be done as a part of the development. I believe we have addressed all the issues. If I have not, please bring them forward and I will address those also. I'd stand for any further questions. De Weerd: Thank you. Any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Are you going to time yourself? Nary: No. Mr. Amar, actually, I think -- I think overall I do like the layout of it. The one concern I have is this rear common area. It's pretty hidden by all of these homes and if the intent of this path that's green on this map -- but is the intent to be a gravel path or grass or concrete or what was it supposed to be? Amar: It will be a five foot paved pathway. Nary: Paved path. Okay. Well, I guess the only issue to me -- and I don't know if you have considered this, but there is no -- there no access points north or south of this piece. This piece has -- you know, is very visual and it's right in your entranceway and there is even some light access there at least on the edges for the south boundaries. But this particular one doesn't have -- did you consider the possibility of being able to put in some sort of pedestrian access path, rather than on the end, but, actually, in the middle to this, and I recognize that that's going to change some of lot dimensions when we do that, but did you look at something like that? Amar: We did look at it and that may be a part of our storm drain conveyance in any event, that we will have to have pathways in there. I would like to point out that this common area, if we just had this spot, would be the five percent open space percent, so this is all, I guess, extra or additional above that five percent. So, the access to these -- I understand your concern, how do you get to here if you're on this street. We looked at it and -- Nary: I'm not putting it down. I like it, but -- and I like the islands. You must have been listening there the last few meetings we have had, because we have talked about islands a lot, so -- Amar: I listen and just try to give you what you want. Nary: But that's -- and, like I said, it's not, certainly, the end of the world. I just -- it appears to me that a better -- it would be better to have at least some access -- halfway types of access from the north and south, just because, again, if you look at these Meridian City Council April 6, 2004 Page 45 of 68 boundaries, these properties on these edges, it's going to be a very difficult -- and, plus, you can't see the green space, it appears -- once you put these houses around it, you're not going to see this green space at all. And all you're going to have is a pathway that, at least from the outside, doesn't appear that it goes anywhere much. So, that's -- I guess that's my only concern, is that having some access north and south into that will also provide some access and some safety escape and those kinds of things. Amar: And as I look at the preliminary plat, all of those lots currently on the north and on the south are 65 feet wide. So, to put a pathway in there now doesn't -- we don1t have the room to do that. Nary: Okay. De Weerd: Any further questions? Okay. Thank you. Amar: Thank you. De Weerd: Is there anyone else who would like to offer testimony on this application? Amar: Because I brought the picture, I'm going to show you. De Weerd: Okay. Amar: This is a common area similar to what we do in many of our projects and this is one that we actually did. It's three-quarters of an acre, but it is a joint use common area and storm drain pond. So, if you look at that, it's obviously usable. There is a common -- or a jungle gym structure in there and I just wanted to show you what it looked like when it's done. The depression is very minor and slight, so I appreciate that. De Weerd: Thank you. Okay. Is there any further testimony on this application? Okay. Council, if you have no further questions for either staff or applicant, I would entertain a motion to close the Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close 14 and 15, public hearings. Rountree: Second. De Weerd: It's been moved and seconded to close the public hearings on Items 14 and 15. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council April 6, 2004 Page 46 of 68 De Weerd: Discussion? Rountree: I have none. De Weerd: Mr. Rountree: Rountree: I have none. De Weerd: Oh. Okay. Bird: I have none. De Weerd: Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 14, AZ 04-002, annexation and zoning for Roseleaf Subdivision and include all staff and applicant comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Items 14 and 15. Sorry. AZ 04-002 for Roseleaf Subdivision. Is there any further discussion? Okay. Mr. Clerk, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 15, PP 04-001. Mr. Wardle. Wardle: Madam Mayor, I move that we approve PP 04-001, preliminary plat for Roseleaf Subdivision and include all staff and applicant comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 15 for Roseleaf Subdivision. Any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? Meridian City Council April 6, 2004 Page 47 of 68 De Weerd: Mr. Rountree. Rountree: Before you open Item No. 16, I request consideration to step down for potential conflict of interest. De Weerd: Okay. Would you like to state your conflict? Rountree: Relative is the vice-president in the bank system. De Weerd: Well, if you would like to step down, I don't think ~- is there any objection to that? Nary: No objection. Bird: No. Item 16: Public Hearing: 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: De Weerd: Thank you. We will see you later. Okay. I will go ahead and open the Public Hearing on CUP 04-002, Item No. 16. I'll open with staff comments. Powell: Madam Mayor, Members of the Council -- sorry about that. This is a request -- I think it's the -- it's right at the corner of Eagle Road and Overland Road in the EI Dorado Subdivision, which, as you know, is a recent mixed use subdivision. This shares a driveway on the west boundary of the property with the adjoining lot and that will be its access until a cross-access throughout the rest of the site is developed, as you see on these, but for now the primary access will be off of Overland Road. This is the proposed eventual design. There is a drive-thru facility and that's why it's here before you tonight is because of the drive-thru. It will come through -- there are three aisles and, then, you will exit out and, as I said, this is the eventual design. That's the eventual landscape plan. And these are the building elevations for the permanent bank facility, which leads to the next issue, which is the temporary bank facility. This is the temporary bank location. And, again, it will take access off Overland Road. There is a drive-thru right at the south boundary of the site. It will come around and, again, loop around and exit. This is the temporary landscape facility. And, again, it's the -- there will be -- they will plant the median between the parking aisles and the drive aisle. And this is the temporary facility. That's the drive-up window there. We have seen this situation where they come in with the temporary bank, so that they get their name out there and you get recognition on the site and, then, while they come through with the permanent bank facility and to date we haven't seen any problems with those two uses occurring or with the temporary use occurring while the permanent facility is being Meridian City Council April 6, 2004 Page 48 of 68 constructed. This project does come forward with a recommendation of approval from the Planning and Zoning Commission. The applicant Craig Slocum with CSHQA testified in favor of the application. There was no other testimony at the Planning and Zoning Commission hearing. They did discuss five special considerations in detail and they were able to resolve those issues. So, there was no Commission changes to staff recommendation and to our knowledge no outstanding issues before the City Council. And with that I will end staff's presentation. De Weerd: Okay. Any questions for staff? Is the applicant here? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Slocum: It is. De Weerd: Thank you. Please your name and address. Slocum: Craig Slocum, 250 South 5th in Boise, here representing Farmers and Merchants this evening. We have reviewed the staff report with our client and take no exception to any of those items. As stated at the Planning and Zoning hearing, we have had conversation with Chief Musser regarding some concerns regarding visibility of the drive-thru ATM and have no -- or take any exception to the requirements for planting as proposed by the police department. And with that would stand for any questions you may have. De Weerd: Okay. Any questions for the applicant? Okay. Thank you. Is there anyone else who would like to issue testimony on this application? Okay. Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing nobody jumping up wanting to testify or anything, I move that we close the Public Hearing CUP 04-002. Wardle: Second. De Weerd: It's been moved and seconded to close the Public Hearing for Item 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. ( Meridian City Council April 6, 2004 Page 49 of 68 Bird: Hearing nobody jump up to have any more discussion, I move that we approve CUP 04-002 for Farmers and Merchants and to incorporate all staff and applicant testimony. Rountree: Second. De Weerd: Okay. Since I have never seen anyone jump up to discuss anything, I will go ahead and count that good. It's been moved and seconded to approve CUP 04-002. Any further discussion? Okay. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C-G zones for Equity Benefits by Equity Benefits, LLC - 2540 East Franklin Road: De Weerd: Okay. Item 17. I'll open the Public Hearing on AZ 04-001 with staff comments. Powell: Madam Mayor, Members of the Council, this is a straight rezone application, located just off of Franklin Road to the entrance -- or one of the entrances of Greenhill Estates. It's surrounded by the property that is currently owned by the school district, I believe. It's their old bus facility, but they still have their maintenance facility and their -_ I think that's where they prepare their food for the -- I'm not sure. But something to do with their food services. I'm sorry. But that's not related to this one anyway, so here we go. It's a rezone. They are asking that -- they want to convert the existing home into an office use, so they are asking to be rezoned from -- or rezone and annexation from RUT in the county to C-G in the city. This is a rough layout of their proposed site plan. They would -- I'm having technical difficulties tonight. I'm sorry. They'd enter the property -- they do have room to get by the house to the rear of the property where they can do a lot of their parking requirements. The site as it is is not sufficient for certificate of zoning compliance, but there is a condition that they need to obtain that certificate of zoning compliance and we feel that they will be able to accommodate the required parking and landscape buffer requirements of the zoning ordinance. The professional and sales offices as proposed would be principally permitted use, so it would just be -- right now it would just come in for a certificate of zoning compliance once the rezone is approved. This application does come forward to you with a recommendation for the Planning and Zoning Commission. Brandon Wolf representing the applicant testified in favor. There was no members of the public that testified against it and there was a brief discussion about access to Franklin Road and the possibility of sharing driveway with Meridian Academy. The key Commission changes to staff recommendation, there were none. And to our knowledge there are no outstanding issues before the City Council tonight. And with that I'll end staff's presentation. Meridian City Council April 6, 2004 Page 50 of 68 De Weerd: Okay. Any questions for staff? Is the applicant here tonight? Do you have any comment? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Wolf; It is. De Weerd: Thank you. Please state your name and address. Wolf: Brandon Wolf, 5723 Applebrook in Boise. I am representing the applicant here. We have already taken all the steps to meet the development agreement. We have already made the initiative to -- one of the major things is putting a fire hydrant in there. We have already made the initiative to get that placed and tapped into the city before they bring down the pavement. All the requirements that are being asked of us are very minor. There would be no problem. So, we, of course, are looking forward to be a part of Meridian. Are there any questions? De Weerd: Thank you. Any questions? No. Thank you very much. Okay. Is there anyone else who would like to offer testimony on this application? Okay. Hearing none, Council, what's your pleasure? I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we close the Public Hearing on Item 17. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing for Item 17. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve AZ 04-001, annexation and zoning for Equity Benefits and include all staff and applicant comments. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Item 17. Any further discussion? Hearing none, Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. Meridian City Council April 6,2004 Page 51 of 68 MOTION CARRIED: ALL AYES. Item 18: Public Hearing: CUP 04-001 Request for a Conditional Use Permit for a 224 stall R.V. resort with 4 buildings and amenities in a C-G zone for Boise West R.V. Resort by Aaron C. Hoeft -184 West Pennwood: De Weerd: Okay. Item 18 is a Public Hearing on CUP 04-001. I'll start with the staff comments. Powell: Madam Mayor, Members of the Council, this is a request for a 224 stall RV resort with four buildings and amenities. Of those 224 stalls -- oh, here. I'm sorry. This is in Troutner Business Park. We have seen some vacations come through on roads and easements to combine several of the properties as outlined in black to accommodate this RV park. There are currently no buildings or -- or utilities within the site. This is the proposed site plan. So, of those 224 stalls, 25 would be pull-through RV stalls and, then, 199 would be back-in stalls, as in they have to back into them. And 75 additional parking stalls are on the site. There are four buildings. This would be the main office building and there is kind of a staging area here to check those vehicles as they came in. It includes RV supplies and other convenience items and, then, there would be a modular home across from that main office where there would be a 24-hour on-site manager and also next to that is a detached garage facility where they would keep their maintenance equipment. And the fourth building is a bath facility and laundry facility toward the rear of the property. I believe there is also laundry facilities in the office, as well as an indoor swimming pool, a spa, a library, and a conference room. Through the discussions with the Planning and Zoning Commission, it was decided that the applicant would relocate this -- the bath and laundry facility to kind of a more central location and more visible as you came across the canal here over the bridge. So, it would likely be relocated in that area. Each individual stall -- and we have the pull throughs and, then, the back-ins. But each individual stall would be equipped with a tree, a picnic or dinner table, a concrete patio and full utility hookups, which include sewer, water, television, phone, electrical, and internet. This is the main office with the pool, spa, laundry and conference room. And, then, the on-site manager's home is at the bottom. And, then, the upper ones are the maintenance building. The maintenance and, then, the laundry facility. That would be on that northern portion of the site. Some of the amenities -- I have noted some of the amenities that are within the office building. There is also some outside amenities. There is a little golf area here, I believe it is, and, then, some dog runs that are kind of placed at the corners of the property and those are fenced in areas where people can take their dog, let their dog into the fenced area and so it's -- the areas are contained. They are not just allowed to run wild in those, but it does accommodate folks that are traveling with animals. This application does come forward to you with a recommendation for approval from the Planning and Zoning Commission. The applicant's representative Aaron Hoeft testified in favor of the application and he is here tonight. No members of the public testified in opposition to it. There were ten letters in support of the proposed development and the key issues of discussion regarded the average length of stay, the access to the site via Franklin Meridian City Council April 6, 2004 Page 52 of 68 ( Road, the dust free gravel in the parking areas and the proposed name of the development. The key -- and the applicant has been duly warned several times and it maybe an issue again tonight. The key Commission additions or modifications were that we did allow for a dust free gravel surface inside the back -- in the RV stalls, rather than asphalt. Outstanding issues before the City Council -- because of the pending vacation application, ACHD has not yet acted on this application. The staff does not believe there will be any unusual conditions imposed on the development that could not be met by the applicant. But, again, they need to wait until the street is officially vacated before they can move on the conditional use application. The only final acknowledgment of staff of the ACHD issues is that Pennwood Street does need to be constructed to Meridian Road prior to the park opening. And I believe that has been added as a condition of approval, so that would take it out to Meridian Road. Currently, the only access is from Franklin and I know that the developers of Troutner Business Park are working with the adjoining property owner to take Pennwood out to Meridian Road and Mr. Ballentyne is also in the audience tonight. And now I'll pass it over to Brad. He had issues. Watson: Madam Mayor, Council Members, something came up late this afternoon as I was reviewing this, so I'm hitting that applicant cold on this, but in the past we had required what we call assessment agreements with applications where we would make water and sewer easements up front and have them sign this agreement, so after say 18 months use they either got a refund or would invoice based on their actual water and sewer use. When this first came to us just in the preliminary stages last fall, I had our department specialist run some numbers on this with the help of the applicant and it was such a wide range on what the water and sewer assessments might be on this -- it was a matter of tens of thousands of dollars. And I think it would be in the best interest of not only the city, but the developer as well if we required an assessment agreement at -- probably prior to the first building permit on this project. So, that they actually pay for what they really used, rather than us making a wild stab up front. Again, the preliminary investigation -- it was just a huge range of what their consumption might be. They did provide us some historical use from one of their other parks, I think in Washington, and we looked at those numbers and, then, looked at some Boise city parks and it was just all over the board. So, I apologize I'm just bringing this up. I gave a verbal comment that I thought was going to be included in the staff report and it's not, so I apologize. And that's alii have. Thank you. De Weerd: Thank you, Brad. Any questions for staff? Okay. Is the applicant's representative or applicant here? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Hoeft: Yes, it is. De Weerd: Thank you. Please state your name and address. Hoeft: My name is Aaron Hoeft. My address is 2404 Stateline Road, Walla, Walla, Washington. Meridian City Council April 6, 2004 Page 53 of 68 De Weerd: Okay. Hoeft: And, basically, I have read the staff report, have no comments on that, and I'm here to answer any questions that you may have of me. De Weerd: Council, do you have questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got one question. How come it's Boise West? I just wanted an explanation. I know you have hit that already. Hoeft: It was purely marketing. When we were first looking at the property I'd tell people we were looking at bringing a park into Meridian and everybody would go, well, where is Meridian and I said, well, it's right next to Boise. Oh, okay, I know where that's at. So -- and, then, pretty much I looked at Meridian and the surrounding areas that are kind of around Boise, whether it's fair or not, kind of like Portland, Oregon, because I lived in Troutdale, Oregon, which is adjacent to Portland, Oregon. You tell people you're from Troutdale, they have no idea where you are. You say Portland, everybody knew where you were. So, that's why the name Boise is there. Looking back at it, I wish I would have said Boise-Meridian RV Resort and I still don't have a problem with changing it to that, but Boise is significant to us, because the traveling community -- you mention Boise, Idaho, and they know where that's at. They don't necessarily know the other communities that surround Boise. So, that's why the name Boise is there. Bird: Sometimes the out of towners know better than the in towners. Yeah. I figured that was the reason. De Weerd: I don't know. I have done searches before and I would be totally lost if I had another city's name where it is in the middle of a different city. I don't see that rational, because I have done these searches before and I think they would think they had the wrong park. Any further questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. Hoeft, I notice in your application you said there was 100,000 square feet of grass. Hoeft: Uh-huh. Meridian City Council April 6, 2004 Page 54 of 68 Nary: But what I saw in the site plan was in little tiny patches next to each of these spaces. I mean there is no -- is there green space in this facility anywhere, is there? Other than just these little patches next to the stalls. Hoeft: The buffer areas are grassed and have trees on them, so, basically, if you look at the buffers -- Nary: But that's not a common area, is it? Hoeft: No. I didn't say common area, I just said the amount of square footage of grass that we had in the park. Nary: Oh. But I mean if you have 240 people or 240 RV's in this at one time, there is no -- there is no open space for anybody to use. Hoeft: No. They use the grass next to their stall, basically. They have a stall that's 25 feet wide for their RV for their tow or pull vehicle and with that they have a concrete patio and, then, have grass to utilize if they wish, plus a tree for shade. Nary: But don't a lot of your customers have children when they are traveling? Hoeft: The majority of our customers are elderly. There is several -- there is several groups, you might say, of people that travel in RVs. One is the full-time RV'r. They live in their RV year around. Those tenants typically are elderly people and they travel generally with a dog or without a dog. A lot of them have small pets, that's why we have facilities to help accommodate that. They don't bring children in. Occasionally their grandchildren will visit. When their grandchildren come they have got an indoor pool, a spa, a playground, and a miniature golf course. Other than that, they are contained on their site and that's typically the way they desire it. A lot of them have screens that come around their awnings to protect them from bugs and they sit out there and socialize with everybody else that's in the same predicament that they are, the same type of lifestyle that they are at, and they just walk up and down and communicate with each other and that's what they enjoy doing. They enjoy being close and they enjoy communicating. We have had a lot of people suggest we get rid of the grass and just make it all concrete and I have never agreed with that, because I like grass personally. That's what they are used to and these parks are more, actually, than what they are used to. Typically, they either have grass on all of it, which doesn't function well, because they throw carpets out and kill the grass and, then, whatever they put on the grass gets hit with the sprinklers every night, so they don't like that. We are providing concrete patios for each one, so that they can set their items on the patio, they won't get hit with the sprinkler systems at night, so they can utilize that 24 hours a day, versus grass, they will pull a chair out, use it, and, then, have to put it away. So, the concrete patios we have are really the most beneficial to that particular group. The next group we have is more of the summertime travel, which is families. Still you have retired people traveling during the summer. The families, they like more activities. That's why we have the miniature golf, we have got the play sets. The indoor pool is used heavily Meridian City Council April 6, 2004 Page 55 of 68 by the kids.The reason it's indoor so it can be used 12 months of the year, not just three or four and it keeps our maintenance down, because it's enclosed, we don't have to worry about any dust blowing in there or any leafs. Plus we got control of it, we can lock the doors, nobody can be in there at midnight swimming and disturbing patrons. And, also, those particular people, if they are coming into town, there is a lot of recreational activities right here in town and you got Boondocks, you have got the water park, you have got a lot of stuff right here in Meridian for people to come and stay and, then, go visit. We haven't had the need for big open space in the RV parks. We have a big open space in our RV park in Pasco. We have got over an acre of park. It's rarely used. We put in sand volleyball, you know, beach volleyball, we got that back there, we got basketball courts back there, we got horseshoe pits back there, we have got jungle gyms. The jungle gym is used by the young kids. The volleyball court is a lot of maintenance and it doesn't get used, so we are back there tilling it all the time keeping the sand free of weeds. The horseshoe pits rarely are used. And the basketball courts, they get used by the older kids and they tear the rims down quite frequently, but they don't use it very much. So, we have a big open space there that is not being utilized. But, yet, we have all the maintenance on that, plus it gives those kids an area to go and kind of hide, which we don't want. So, what we have got here is from building parks, maintaining parks, plus designing parks for other people, this is the latest and greatest RV park that I have designed and I have designed over a dozen of them. De Weerd: Any further questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: What's the anticipated stay? Is there any inclination or anticipation? Do you have a permanent park model set up here and those kinds of things or is it just overnight, week, two weeks kind of a thing? Hoeft: I'll address park models first. Park models are designed for year around living. They are not allowed. They are not self-contained. They have to hook directly up to sewer, they don't have holding tanks, they are not allowed. This is an RV park, not a mobile home RV park. With that being said, people will still come and stay for an extended period of time. We have tradesmen working on roads in the area, they will come in for the duration of that construction and they will stay in our park and they are great tenants. Weekends they go home to their families, weeknights they come home, they eat, they go to bed. They don't use our facilities, they don't make a mess, they are very clean, they are great tenants. And, then, you got your retired community that might move up for the summer, you might have them for three, four months, and they are great tenants, because they police it. Anybody driving fast, boy, they are letting us know and our staff is out there taking care of it. They are great tenants, too. So, it varies greatly. Obviously, we want a base of monthly tenants, although it revolves -- I say monthly instead of yearly, because we don't want them in there for years, because they can get deteriorated and we don't allow that, we have rules and regulations that ( Meridian City Council April 6, 2004 Page 56 of 68 they can't have storage facilities under their RV, behind their RV anywhere. They can't have dog crates set out, it has to be kept clean and free of all that clutter. That alone keeps it kind of revolving. They don't come in and set up shop for years. Rountree: Okay. Thank you. De Weerd: Any further questions? Thank you. Is there any other testimony on this application? Please come forward. Were you sworn in when you came? Rackham: No, I wasn't. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Rackham: Yes. De Weerd: Thank you. Please state your name and address. Rackham: Larry Rackham, 1620 North Kinwood Place, Eagle. lawn property adjacent to this and I met with Mr. Hoeft when he had an open house for the property people around. Since that time I have been investigating and knowing now what he is building there and the only question I have is the possibility of noise with the type of vehicles he's planning on bringing in there, the larger RV vehicles, and some type of shelter to protect the outside areas as they pull in and out of there or as they pull through that park. And I see that with that he's done very well with his landscaping around it and inside of it and it's a well thought out and well developed park, but I think there can be a consideration there for the outside -- I have a piece of undeveloped property in the area and not knowing what might go in there, I would want to be able to protect the possibility of that noise or that intrusion upon other people that might come into that area, as well as those that are there. There is an apartment complex in the area and there is a business park in the area. And I was just wondering what type of protection there would be for that type of noise or sound interference. De Weerd: Okay. Thank you. Any questions? Mr. Nichols. Nichols: Madam Mayor. Mr. Rackham, if I may ask you a clarifying question. Are you worried that the pickups and the diesel pushers are too noisy? What type of noise are you concerned about? Rackham: Oh, I'm not so sure it's the pickups as much as it is the larger RVs with the diesel engines that this type of park encourages. You won't find -- I imagine some of the motor homes or camping homes that they might bring in there would be diesel and would have a problem there, but when you get a 30 foot or 40 foot diesel machine going in there, having been in California recently and gone through and looked at a few of those parks myself, there is quite a bit of noise coming in there. They -- they are a Meridian City Council April 6, 2004 Page 57 of 68 heavy pieces of machinery and they are -- they are gear driven and those engines do have larger exhaust pipes in them, exhaust facilities that would cause a problem there. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I make a comment? I have stayed in a couple few of these with my motor home and if there is any noise at all it would be just as they were coming in and coming out and, in fact, most of the diesel pushers -- and I don't have a diesel pusher, but -- are as quiet as my gasoline motor home and the only -- and, then, once they park and usually, you know, we have all got tow vehicles that we take along and -- to drive in and out if we are going to be there over longer than a night or two nights or something like that, so everyone I stayed in -- and I have stayed in one in Seattle that was quite a bit larger than that and it was filled up, stayed there a week, and it was -- it was very nice, very, very nice, very enjoyable and very quiet. I think you'd be surprised at the non- noise there is made by these motor homes coming in and out and travel trailers. Rackham: Well, I haven't stayed in them myself, I just went by and witnessed some of the things that I did while I was on a trip here recently after I visited with him to see just what was involved with that. I did notice the noise going in and out and that's probably the only time you will have that -- Bird: Yeah. That would be the only time. Rackham: -- as they pull in and gear down. De Weerd: Is there any further questions? Thank you. Is there anyone else who would like to issue testimony on this application? Okay. Would you like to -- Hoeft: To address the noise issue, we have rules and regulations -- De Weerd: State your name once again. Hoeft: Oh. Aaron Hoeft. De Weerd: Thank you. Hoeft: To address the noise issue, we have rules and regulations that prohibit them from running generators and it prohibits them from sitting there and leaving their diesel engines or even gas engines, for that matter, running. So -- and there is no reason to run a generator. We have 50-amp power at every site. They will hook up and they won't -- they won't need a generator, plus we prohibit that, and we have rarely seen somebody sitting there letting their vehicle run. They are completely powered by propane or electricity inside. They don't need to run those motors while they are parked. Meridian City Council April 6, 2004 Page 58 of 68 De Weerd: Well, I have a question. How do you provide signage to this piece of property? Hoeft: We have a map and, hopefully, these were provided for you. There will be a map of the park. There will also be road names that will be listed on the map. And when somebody checks in they get a map just like this, plus it has the rules and regulations printed on the back, along with discount coupons from local restaurants. You will show them where they are at, where they are going, how to get there. Plus point out the refuge containers, laundry, and bathroom facilities and any other facilities they may be interested in. De Weerd: And how do you get people to this? It's in the middle of a business park, it's not your typical place -- I mean I'm not like Mr. Bird who frequents these places, mine are in the middle of a forest, but are they going to find it off of Franklin or Meridian Road. Hoeft: There is several ways. The most obvious way to somebody driving down the road is there will be a freeway sign and, then, there will be directional signs telling them how to get to the park. Secondly, in national books we are already advertising in them, because we had to -- they are only published every so often, so we are already in them. It gives them detailed roads to take, plus a map that shows them exactly how to get to the park. So, although some people miss and can be somewhere else, generally, they are pretty easy to find and this one is not far from the freeway, so they shouldn't be getting lost. De Weerd: So, you won't be asking for off-premise signs or putting up sandwich boards or banners or anything like that? Nary: A hundred foot freeway sign. Hoeft: No. Bird: Just 110 foot sign. De Weerd: Well that was why I was asking the question. Hoeft: Let me tell you -- and they have got a phone on each of those and you have to call and say, hey, now where am I at? Nary: Madam Mayor-- Hoeft: You know -- I'm sorry. Nary: No. Go ahead. Meridian City Council April 6, 2004 Page 59 of 68 Hoeft: I was just going to say, as far as the name, we are seriously considering the name to Boise-Meridian, because of what you said when you do go to find something, if you're wanting to go to Meridian, you can't find it, because it says Boise when it's listed. So, if that's okay -- I don't know the procedure to go through here, but if we could change that to Boise-Meridian RV Resort versus Boise West, we would certainly like to do that. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I think I'd like it better if it was Meridian-Boise. And, Mr. Hoeft, I know you have heard a lot about the name and all that. You know, Citi Bank knows where Meridian, Idaho, is and T-Mobile knows where Meridian, Idaho, is and the only local business we have seen recently that doesn't know where Meridian is is Hooters. So, I think if it was -- I think if you were considering the change, I guess the name Meridian-Boise would probably be a little bit better, but that's really up to you, we can't make you change it, but we certainly would like it more if it had Meridian first. De Weerd: Thank you. Any further questions? Bird: I got a question if I could. De Weerd: Yes, Mr. Bird. Bird: Who is your affiliation with? Let me -- who is your affiliation with? KOA or Good Sam or -- Hoeft: No. We are in Good Sam, which is Trailer Life -- or Woodall's, I'm sorry. And, plus, we are also in Trailer Life. If you go to their books, which are, you know, three and a half inches thick, actually, you will see Boise West in there in the new book, because we went ahead and did it in advance, because we know the traveling community only buys that book every few years and we know it takes several years before the community knows -- the RV community knows you're there. So, we started advertising early. And, plus, on the Internet, if you look up northwest family RV resorts, all three parks are listed in there. Bird: Thank you. De Weerd: Thank you. Is there any further questions for staff or the applicant? Discussion? As I understand it, Anna, the access out to Meridian Road needs to be established before building begins? Powell: Yes. That was staffs feeling. I believe it's a conditional of approval. I'll look real quickly. Yes. It's condition number three, Pennwood Street from Meridian Road to and abutting this site shall be constructed and approved by ACHD prior to occupancy. Meridian City Council April 6. 2004 Page 60 of 68 So, that would be prior to occupancy of the building permit for one of the buildings that's proposed a site. De Weerd: Okay. Anything else, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing CUP 04-001. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Conditional Use Permit 04-001 for Item No. 18, soon to be renamed Boise West RV Resort, subject to all staff comments and a favorable name change. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 18. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. AZ 03-028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossina Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: Item 20: Tabled from March 23, 2004: Ordinance No. AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I Eaay I Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: Meridian City Council April 6. 2004 Page 61 of 68 De Weerd: Okay. Items 19 and 20 are ordinances. I will ask the city clerk to, please, read Ordinance 04-1073 on AZ 03-028 and the tabled Ordinance 04-1074, AZ 03-018, by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1073, an Ordinance finding that Initial Point, LLC, and the owner of certain real property generally located at 1295 West McMillan Road, Meridian, Idaho, to be known as Cobblefield Crossing Subdivision No. 2 and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Berg: And, Mayor and Members of the Council. Ordinance No. 04-1074, an Ordinance finding that Janet Ruwe, an unmarried person, Lyle R. Cobbs and Donna L. Cobbs, husband and wife, Jack C. Kennevick and Mary Ann Kennevick, husband and wife, Richard L. Jordan and Kathleen A. Jordan, husband and wife, and James A. Kissler, the owners of certain real property generally located on the south side of Ustick Road on the east and west sides of Eagle Road, State Highway 55, Meridian, Idaho, to be known as Kissler, Cobbs, Ruwe and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council that said land be annexed to the City of Meridian and zoning designated General Retail and Service Commercial District (C-G) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you, Mr. Clerk. Well, you have heard these two ordinances by title only. Is there anyone who would like to hear it read in its entirety? Thank you, Frank. I'm glad you never say yes every week. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 6, 2004 Page 62 of 68 Bird: I move we approve Ordinance 04-1073 and 04-1074, with the suspension of rules. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance on Items 19 and 20. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 21: Water, Sewer, & Trash Delinquencies: De Weerd: Thank you, Mr. Clerk. The last item on our agenda is Item 21 and it's on the water, sewer, and trash delinquencies. 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 6th, 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. Your service will be discontinued on April 7th, 2004, unless payment is received in fuJl. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? They are hereby informed that they may appeal and 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 $10,614.60. And I guess that my only comment on this is if the City of Meridian could be taken off of Cherry Lane Golf Course whole thing, so it doesn't show that the City of Meridian is delinquent. I don't know, but we are listed on here and -- so I guess I'll walk this over to the utility billing tomorrow. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the turn-off schedule for April 7th, 2004, in the amount of $10,614.60. Bird: Second. De Weerd: It's been moved and seconded to approve the delinquency turn-off list. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Meridian City Council April 6. 2004 Page 63 of 68 De Weerd: Thank you, Mr. Clerk. Is there any other items that -- other than those that want Arbor T-shirts -- Arbor Day T-shirts, please, see me. They need to be ordered by the 13th. I don't know how -- what the Council's desire is, but we may want to have a discussion on area of impact. I see there is zoning ordinance text amendment application in front of the county right now for our staff to comment on on Star's area of impact, which does move into our fire district's area of impact and I believe that Eagle is also trying to come to that line as well up on the ridge. So, we may want to have some discussion on area of impact. Bird: For the fire? Nary: Madam Mayor? De Weerd: Well, we can't afford to lose anymore of that area. Bird: Let me tell you something. I think that if you look at the ordinance -- oh, excuse me. I think if you look at the ordinance, I agree with you, Mayor, but if you look at the ordinance, Eagle, once -- if they annex, their Fire Department automatically goes with it, the same as if we annex, our Fire Department would go with it. So, there is a chance we could lose some up there. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: We have previously mentioned the request from the fire district commissioners to have a meeting -- a joint meeting with us anyway and maybe that -- we can't do it next week, but probably within the next two to three weeks at the most we can schedule that as a pre-Council discussion. We had intended to have that. That gives us a great opportunity to have that discussion with our district commissioners as well, so that -- I don't know if we have a deadline for comment, Anna, as to -- Powell: Madam Mayor, Members of the Council, I believe it's the 16th of April. Is that right? Nary: Oh. So, that would be next week, then, we need to have this discussion about comment. Powell: That would be time to get written comments for it to be incorporated in the staff report, but I don't have the date of the hearing memorized. De Weerd: The 29th. Powell: The 29th. So, we can provide testimony before, then. We could send a letter before the 16th saying that we have come prepared to have more discussion at that hearing, if you'd like. Meridian City Council April 6, 2004 Page 64 of 68 De Weerd: Well, I might share that our chief -- our fire chief has already sent a letter of concern that -- of this application and in opposition, as directed by the rural commission and so -- and he did run that letter by me, so, I guess, we do need to have some discussions on it. Nary: Council, Mr. -- or Madam Mayor? I'm sorry. De Weerd: Yes. Nary: Mr. Berg has handed me the tentative pre-Council agendas that we have and next week we are pretty well booked. We have the report from the Mayor, as well as Dr. Fralick's presentation from highway district, but on 20th right now what we have scheduled is everything really beginning at 6:00 and if the Council would like, we could begin earlier than that that night and have a joint meeting with the fire district commissioners on the 20th at either 5:00 or 5:30 to have that discussion as well and that way we could do as Ms. Powell suggested, having a preliminary written response to the county and, then, a subsequent follow up after our meeting with them. If you'd like to do that, we could get that set up. Bird: That would be my preference. De Weerd: Okay. Rountree: 5:30ish. De Weerd: Okay. Nary: And they did announce yesterday that our meeting next week they announced Dr. Freilich starting at 4:30. Bird: That's right. 4:30. Nary: Not 5:00 for next week, so -- Bird: Madam Mayor? De Weerd: Okay. Yes, Mr. Bird. Bird: And I believe -- and like I talked to Chief Bowers on this, we have got to stand behind it, but I -- I mean I -- and I understand where the other -- you know, we are not only going to have Eagle, Star is going to want it, too. I don't know who is going to wind up with the Spur Wing area. You're talking about some very high dollar taxes and stuff and it really -- it really, really can affect our rural district if they should lose it, but I, for one, would not want to see us annex something into our city that didn't have our fire and I can also understand where Star and Eagle are coming from. Meridian City Council April 6, 2004 Page 65 of 68 Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Maybe as part of the departmental report section next week, since we are, like I said, booked at the pre-Council, but we could have that as part of the discussion both from Mrs. Powell and as well as Mr. Watson, Public Works, because I think we are going to at least need some preliminary discussion about that, so that we have some idea of what our comments would be to the county commissioners regards to Eagle and Star's request and whether or not we think at least at this juncture that at some point we think we may want to annex property and I think before we can make that comment we at least need to have some understanding or whether we could even serve it if we were to do that. De Weerd: I think in years past it's been the preference that -- that that area remain in no area of impact and that was the contention, but I guess if it is the desire of the Ada County commission that it is in an area of impact, that ridge is just a natural separation that -- and I believe, also, something that limits sewer-ability for both Star and Eagle, so -- and I do know that I have been getting a phone call from property in Eagle's area of impact to get sewer to them and so I guess that is one thing, Brad, I guess, when we do bring information back, we would want to know if we would be able to sewer that area. I know it's not in our master plans, but if we would be able to. Powell: Madam Mayor, Members of the Council, could you give a little -- maybe it's because it's 10: 15, but I'm not quite sure what else you're going to want as part of the department report next week, if you could be a little more specific. De Weerd: I guess that was one specific. Is there anything else specifically you would like addressed? And as well for the Fire Department to report. Anything further on details staff would need? Nary: Madam Mayor, I don't know -- I mean on the Planning and Zoning piece of that, I don't know that there is a whole lot more to add. I mean I think Madam Mayor's really hit it on the head. I mean the ridge it appears to have more of a natural boundary as a possibility. I think we have sort of used Chinden just for the fact that it's there and no other reason. But I'm not sure that there is any difficulty from planning as to whether or not the area of impact went across Chinden to the ridge or if it had to stay on the Chinden side, but I can't imagine. Powell: I couldn't either and that's why I just wanted to make sure they you weren't thinking of something that I wasn't going into. Nary: No. Meridian City Council April 6, 2004 Page 66 of 68 Powell: Could I also ask, since you're discussing pre-Council agendas, there had been discussions about bringing Mr. Venneman to speak to you about signs and I have got a brief e-mail back from Mr. Nary saying that the 13th would not work for a department report and that's fine. We just need to know when to tell Mr. Venneman to be prepared. Nary: Madam Mayor? I think I meant -- if I said department report, I really meant pre- Council, just because we were already booked for the 13th. I think -- I guess it sort of depends on you, if, obviously, pre-Council more of where we would have discussion and the 20th is already looking kind of packed as well, so the 27th is the closest. If Mr. Venneman thinks it's more of a discussion item, rather than just a report, that's probable the closest we could even shoot for. But I don't know -- I guess -- I think what I thought I read in your e-mail was that he was looking for some direction about the signage issues and how to address some of those things and I guess I'm not -- not sure as to whether or not a department report area would -- would be adequate. We could probably -- again, that's up to the Mayor on whether or not to do that sooner. De Weerd: Mr. Nary, I guess Council requested that Mr. Venneman come and talk about the sign ordinance and why on earth we have so many temporary signs everywhere and they are starting to be prolific and offensive, so -- Nary: And not that we have prejudged any of that. De Weerd: I have. Nary: She doesn't vote. De Weerd: I don't vote. But I guess a department report or if ACHD has moved Dr. Fralick to 4:30, we could always have him come in at 6:30 next week. Nary: Could try. De Weerd: And have some initial -- I guess Council wants it -- from what I understand when this was requested to come back, wants to have a better idea of why all these signs are being allowed and if it's something in the ordinance that needs clarity, if it needs better enforcement mechanism, if it's -- one of the comments we heard is that fines are not very high, that sometime the sign benefits certainly outweigh the fine that is tied to that. So, I guess those are the items that I heard that we wanted him to come back with. Is that a correct summary, Mr. Rountree? Rountree: Very good. I'll own up to asking the question and that's the issue. De Weerd: Well, I think you started something and it's made me certainly notice a lot more and I don't know if the signs are just getting more florescent or not, but I am starting to notice them a lot more. Powell: So, I will tell him 6:30 pre-Council agenda on the 13th? Meridian City Council April 6, 2004 Page 67 of 68 Nary: Yes. De Weerd: Yes. Powell: Thank you. De Weerd: Okay. Thank you. Now, Will also had e-mailed you on the ITD survey. He did -- we did hear back. Will had e-mailed ITD or AIC and asked them what the intent was. They said that if we all had similar thoughts, we could collectively do one, that's what they would like to see, but if there was some different opinions, that we would each fill out our own. And I'm sure Mr. Rountree has a different opinion than some of us. Rountree: I'm asking the questions. De Weerd: So, would you like to collectively fill this out or would you prefer to fill out your own? Bird: Collectively. De Weerd: Collectively? Nary: Here. Here. De Weerd: Okay. So, do you want me to fill it out and you can look at it? Bird: I would prefer that, Mayor, on my part. De Weerd: Okay. Nary: It sounds like unanimous consent. De Weerd: It kind of sounds like the train just hit the depot. Bird: You just volunteered. De Weerd: Okay. Mr. Nary. Nary: My last point is I don't know who arranged all the pictures in the room, but I like it. I think it looks very nice to have the mayor pictures more visible than behind the lamp and behind the plants and so I think it looks very nice how it's been re-arranged. Bird: If they were level. De Weerd: Meg Peters came in and did it and so -- Meridian City Council April 6. 2004 Page 68 of 68 Bird: Tell Meg to level -- get a level. Nary: That's on the record. Bird: On the record. I will tell her. Nary: I appreciate the effort someone made that I didn't have to do and I think it looks nice. De Weerd: All the print those minutes and submit it to Meg Peters. Nary: Well, where is the blue banner? Where did it go? De Weerd: It's out in the -- Nary: It's in the hallway? De Weerd: -- foyer above the bench. Nary: Okay. Great. Bird: The only thing I miss is our two monstrosity calendars. De Weerd: Well, you have calendars right in front of you. I always see you guys using these, not those. Nary: I can't read them from here anyway. De Weerd: But Will has them. If we need to put them up, we can. Nary: It looks very nice. De Weerd: Thank you. Okay. Is there anything further the good of the order? Nary: I would move that we adjourn. Rountree: Second. De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:32 P.M. Meridian City Council J\pli\ 6, 2004 page 69 of 68 (f/l.PE 014 fILE Of -n-\ESE PROCEEDINGS) j\11E.Sl: 4- 1.J!Jd J21:- ~~PPRO\jE.O \\\\\\\llllll//f ~\\\ c hJlE IJI ""~t Oi ""1 RJI". 11I1 ~ .L' JIA "1,/ .::' ..,'" ..,00 ,,1. ".- .;:: V ~""'" RA;; tr /.... ~ €'o ~ ~ ~ ~ - ~ - - ~ - :: SEA.L ?. CLERK %,,~ 8 ~ ~-(i ~ .0 :::: ~ ~^ 'USr 'tS'" ' .J:: f ....1' VA ..~ "- I', ~., ~... " 1'1"11 COUN'"'f'"'!' ....';:::.... I" \ \,.... 11/1' , . "\\\\ April 1,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6,2004 4 ITEM NO. REQUEST Proclamation and Acknowledgment for Cole Valley Christian School Boys Varisty Basketball Team 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 ~ cJ/ (t~ Contacted: Emailed: Date: Staff Initials: Phone: MaterJals presented at public meetlngs shall become properly of the City of MerldJan. ! ~ ~ r CITY OF~w '-/VLerldian ~, "'., ", \' V j iY Y /' ~INC( 11903 IDAHO /. ~<$' q, ";Ylt'fl .. " ,.'i /1" I R8~lin!:'. v.~ Tammy de Weerd Mayor PROCLAMA TION WHEREAS, the City of Meridian commends the Cole Valley Christian Schools' Boys' Varsity Basketball Team for having an outstanding season; and WHEREAS~ this Team has provided a positive impact on our community; and WHEREAS~ it is important that the Team receives recognition for their effort and continuing contributions; and WHEREAS~ the Mayor and City Council of the City of Meridian acknowledges the accomplishments of this team and their supporters; THEREFORE~ I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Wednesday, April 7th, 2004, as Chargers' Day in recognition of the Cole Valley Christian Schools' Boys' Varsity Basketball Team "Chargers" as 1 A State Basketball Champions for 2003-04 and urge all citizens of this community to acknowledge their special accomplishments. Dated this 6th day of April, 2004. Tammy de Weerd, Mayor William L.M. Nary, City Council Keith Bird, City Council Charlie Rountree, City Council Shaun Wardle, City Council ( o 2 2004 Cole Valley Christian Schools City Of Meridian City Clerk Office Boys Basketball Roster 2003-2004 11 Kyle Didriksen 6'2 G/P Sr. 13 Brian Rallens 6'0 G Sr. 15 Cody Nuttall 6'2 p Sr. 20 Craig Hawkins 5'9 G Sr. 21 Mike Murach 5'10 G/P Sr. 23 Carson Russell 6'1 p Sr. 24 Garrett Yocum 5'7 G Sr. 25 Kevin Doubleday 6'1 G Sr. 33 Stan Akkerman 6'5 P Sr. 34 JP Sacht 6'2 G Sr. 40 Erik Falconer 6'3 p Sr. 30 Nick Davidson 5'Su G Jr. 22 Josh Emerson 5'11" G Jr. 31 Justin Akkerman 5'gu G So. 32 Kevin Mayer 6'lu G So. Head Coach: Brad Carr Assistant Coaches: Matt Beglinger, Matt Edwards JV- Kenny Sacht, Cal Emerson Superintendent/Principal: Mark Wood Vice Principal: Randy Harris Cheerleaders: Lacey Page, Nicole Fuller, Andrea Korn, Amanda Ayarra, Danielle Graves, Hilary Johnson Athletic Director: Rhonda DeMers School Mascot: Chargers COLE VALLEY CHRISTIAN SCHOOLS Jvlak[11fJ disc!ples...lmpac.tl11fJ the, world for J&.<;U5 christ PRESS RELEASE o 2 2004 For Immediate Release: March 31, 2004 City Of Meridim i City Clerk Office Contact: Mark K. Wood, Superintendent 898-9003 11\ State Basketball Champions, Cole Valley Christian Chargers. To Be Honored at Meridian City Council Meeting The 11\ State Basketball Champions, Cole Valley Christian School Chargers, will be honored at the Meridian City Council meeting on Tuesday, April 6. 2004, at 7 p.m., Meridian City Hall, 33 East Idaho Avenue in Meridian. The Cole Valley Christian Schools' championship team consisted of eleven seniors. Three members were chosen for the all-state team. The Chargers were coached by Brad Carr, Matt Beglinger, and Matt Edwards. They last won the 11\ state championship in 2002. Cole Valley Christian Schools is the largest K-12 Christian school in Idaho with enrollment over 720 students. It is fully accredited by the Association of Christian Schools International (ACSI), the Northwest Association of Accredited Schools (NAAS), and the state of Idaho. For more information, visit our website cvcsonline.org. ##### 200 EAST C\R.LTON AVENUE MERIDIAN, IDAlIO 83642 PHONE 208.898.9003 FAX 208,898.90]6 \\'wW.CYCSONLlNE.ORG April 1 , 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayors Office Department Reports April 6, 2004 ITEM NO. C9 -A- L REQUEST Employee Awards for Service Program 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: .~ ~(~ f f{ ~1f\, vJ- Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayors Office REQUEST Board of Appeals Department Reports April 6,2004 ITEM NO. Co -A'" ~ 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: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ \V)J ~y\J o{V'iI"" 011"0 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. , , Gity of Meridian Put9lic Works Dept. n f '!":~1. Memo l... .'. (Trv [),C' , 1#1)[,) - .' '" ~ -. aJ r'<(f ~\YU ~/w;tuP To: Mayor De Weerd From: Gary D. Smith, PE CC: file, Daunt Whitman Date: April 1 / 2004 Re: Building Department - Board of Appeals - "The Cottages" Mayor: Attached is a photocopy of Appendix B "Board of Appeals" from the 2000 International Building Code, as adopted by the City of Meridian last year. Daunt has done some research of possible candidates to set on this appeals board and that listing is attached for your use in making the appointments. Daunt would be in attendance at the appeals hearing as an ex-officio member having no voting power. I am sending this to you in regards to a situation that I verbally briefed you about last week concerning a builder wanting to build a 16-unit assisted living facility in Bridgetower Subdivision's commercial zoned area. The plans submitted by the builder's Architect to our Building Official for a permit, showed the building to be classified as an R4 Occupancy. This assisted living facility is proposed to care for Level I, II and III patients, with Level m people needing physical assistance for some part or all of their daily activities. Level III care is the same as what is offered in a nursing home. Because of the level III care activity, Daunt is classifying this building application as an 1-2 Occupancy, which carries more stringent construction requirements, including fire rated building construction materials and extensive fire sprinkler protection and alarm system. This 1-2 classification is the cause for an appeal as has been filed by the builder, copy attached. The builder is requesting a hearing as soon as possible because of the escalating costs of building materials. Gafo From the desk of... Gary D. Smilh, PE Public Wow Director Meridian Pubic Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fox: (208) 898-9551 . Page 1 APPENDIX B BOARD OF APPEALS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. SECTION 8101 GENERAL 8101.t Application. The application for appeal shall be filed on a form obtained from the building official within 20 days after the notice was served. Bt01.2 Membership of board. The board of appeals shaH consist of persons appointed by the chief appointing authori- ty as follows: 1. One for 5 years; one for 4 years; one for 3 years; one for 2 years; and one for 1 year. 2. Thereafter, each new member shall serve for 5 years or until a successor has been appointed. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. Bt01.2.l Alternate members. The chief appointing authority shall appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for five years, or until a successor has been appointed. B101.2.2 Qualifications. The board of appeals shall con. sist of five individuals, one from each of the following professions or disciplines: 1. Registered design professional with architectural experience or a builder or superintendent of build- ing construction with at least ten years' experience, five of which shall have been in responsible charge of work. 2. Registered design professional with structural engi- neering experience 3. Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. 4. Registered design professional with electrical engi- neering experience or an electrical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. 2000 INTERNATIONAL BUILDING CODE@ 5. Registered design professional with fire protection engineering experience or a fire protection contrac- tor with at least ten years' experience, five of which shall have been in responsible charge of work. BIOt.2.3 Rules and procedures. The board is authorized to establish policies and procedures necessary to carry out its duties. BI01.2.4 Chairperson. The board shall annually select one of its members to serve as chairperson. B10t.2.5 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. BIOl.2.6 Secretary. The chief administrative officer shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. BlOl.2.7 Compensation of members. Compensation of members shall be determined by law. BIOt.3 Notice of meeting. The board shall meet upon notice from the chairperson, within ten days of the filing of an appeal or at stated periodic meetings. B101.3.1 Open hearing. All hearings before the board shall be open to the public. The appellant. the appellant's repre- sentative, the building official and any person whose inter- ests are affected shall be given an opportunity to be heard. B101.3.2 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted, The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. BlOt.3.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant's representative shaH have the right to request a postponement of the hearing. BlO1.4 Board decision. The board shall modify or reverse the decision of the building official by a concur- ring vote of two-thirds of its members. 701 rage 1 or ~ Gary Smith From: Daunt Whitman [whitmand@meridiancity.org] Sent: Wednesday, March 31, 20044:58 PM To: Gary (E-mail) Subject: Board of Appeals The following is a list of some people that might be good for a board of appeals. I have them sort of listed as the appendix chapter suggested. Because we didn't formally adopt the appendix chapters, we don't have to have 5 people. We could go with a smaller group if need be. 1.) Cornel Larson or Stephan Teed 2.) Dean Briggs or Rex Harrison 3.) Bill Ridgeway or Mark Knowles 4.) Eric Centers or Tom Brown 5.) Ron Anderson or Rich Greene Any of these would be good if they had the time or inclination Thanks, Daunt 4/112004 " I / -er- The Cstt~9~I~L Main Office: The Cottages, LLC 1920 Mayflower Way Meridian. ro 83642 208-658-1558 office 208-323-5593 fax www,tbecottaaestv Operating Units: The Cottages of Emmett 411 E. 12th St Emmett, 10 83617 208-365.9490 office 208-365-1178 fax The Cottages of Mountain Home 735 S, 5th W. Mountain Home, ro 83647 208-580-1121 office 208-323-5593 fax The Cottages of Payette 1481 7th Ave. N, Payette, 10 83661 208'642-6199 office 208-642-4827 fax The Cottages of Weiser 1225 E. 6th Sl Weiser, ID 83672 208-414-4200 office 208-414-4203 fax ~ BBB 10 Mernhu SW htaha- March 25,2004 Mr. Daunt Whitman Meridian Building Code Official City of Meridian 660 E. Watertower, Suite 150 Meridian, ID 83642 Dear Daunt, This letter is in reference to the project known as The Cottages of Meridian at Bridgetower which your office has reviewed. As per our telephone conversation earlier today, and your indication of an occupancy classification ofI2, we are formally requesting an appeals hearil1g. We feel that our building is definitely in an R4 classification. Inasmuch as we were scheduled to break ground on this upcoming Monday, and that the building costs this year are literally increasing by day, we request this hearing be held at the earliest possibility. Your assistance in this will be appreciated. Sincerely, ~ Garold Maxfield CEO April 1, 2004 MERIDIAN CITY COUNCIL MEETING April 6, 2004 APPLICANT Mayors Office REQUEST Proposed Membership Dues for COMPASS FY2005 Department Reports ITEM NO. (j) ... A ".3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS lRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become property of the City of Meridian. Membership Dues Proposal for FY2005 COMPASS Dues March 11, 2004 Assumptions: 1. Dues Collected are uniformly based on the person (not "persons served" as is now the case) 2. The rate of dues assessed is shown to the right -> -> -> -> $ 1.10 3. Populations used in these calculations are those presented to the COMPASS Board on March 15 for adoption effective April 1, 2004 4. In incorporated cities in Ada County, dues per person are divided equally among a) the incorporated city; b) Ada County; and c) Ada County Highway District 5. In unincorporated areas of Ada County, dues per person are divided equally among a) Ada County and b) Ada County Highway District 6. In incorporated cities in Canyon County, dues per person are divided equally among a) the incorporated city and b) Canyon County 7. In unincorporated areas of Canyon County, dues per person are divided equally among a) Canyon County and b) the Association of Canyon Highway Districts $16,333 $27,623 $21,623 33,059 $14,129 $18,182 $18,936 50,223 $70,000 $89,488 $93,198 825 $0 $0 $0 476 $0 $0 $0 3,835 $1,659 $2,109 $2,109 67,401 $29,084 $37,071 $38,607 470 $0 $0 $0 1,838 $832 $1,011 $1,011 1 ,404 $0 $0 $0 159,531 $132,037 $175,484 $175,484 $0.91 $1.10 $1.10 505,742 $511,915 $556,316 $556,316 . 32% 26% 32% 32% 68% 74% 68% 68% em ers Dues Ada County Ada County Highway District Boise Eagle Garden City Kuna Meridian Star Total, Ada County Dues per person 200,062 16,418 11,675 9,696 47,690 2,552 346,211 Association of Canyon County Highway Districts Caldwell Canyon County Greenleaf Melba Middleton Nampa Notus Parma Wilder Total, Canyon County Dues per person Grand Total Canyon as % of Total Ada as % of Total FY2004 Due $153,552 $99,809 $90,128 $6,506 $5,331 $3,979 $19,541 $1,032 $379,878 $1.18 ropose FY2005 Dues FY2005 Dues $137,599 $137,599 $137,599 $137,599 '/;':~i.~ $73,356 $73,356 ",.". $6,020 $6,020 . .'.... , . $4,281 $4,281 . "$3,555 $3,555 ,', . $17,486 $17,486 $936 $936 $380,832 $380,832 $1.10 $1.10 T:\900Supvs\Restructure\FY2005 COMPASS Dues Proposal to Finance Committee: Summary April 1. 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayors Office Department Reports April 6. 2004 ITEM NO. 6~ A ~ L{ REQUEST Discussion of date and budget for summer staff event 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: Ir;#pl /}')O ~ f (Jv 1;9t) ~?- ll-,{ uVfr S~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become properly of the CIty of Meridian. April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT David Waldron P P 03-043 April 6, 2004 ITEM NO. LD- H- REQUEST Tabled Findings from 3/23/04 -- Request for Preliminary Plat approval of 11 commercial building lots & I common lot on 15.8 acres in C-G zone for Sparrowhawk Subdivision -- northeast corner of North Nola Road and East Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: "- Contacted: ~ Emailed: See attached Findings ,p (t1 ~ \ryf Date: 11"~ .{)t{ Phone: q gc;; "'Cd 13 o/~ ~ ,..Mall Initials: ~ 1./ meetl gs shall become property of the CI Meridian. I1J{1 681~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF 11 COMMERCIAL BUILDING LOTS AND 1 COMMON/OTHER LOT ON 15.8 ACRES IN A C-G ZONE FOR SPARROWHA WK SUBDIVISION NO. 2, LOCATED ON THE NORTHEAST CORNER OF FRANKLIN ROAD AND NOLA ROAD, WITHIN SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO BY: DAVID WALDRON, APPLICANT C/C 03/02/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-043 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 and Zoning Director for the Planning and Zoning Department, David Waldron, Rod Cullen and John Anderson, appeared and testified, and the City Council having received a report from Craig Hood Associate City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR SP ARROWHA WK NO.2 SUBDIVISION, A RESUBDIVISION OF LOT 2 AND 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SPARROWHAWK SUBDMSION NO.2 / (pP-03-043) 1 of 14 OF SP ARROWHA WK SUBDIVISION, A PORTION OF THE S 1i OF THE SW y,; OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, DRAWN BY: DAB, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO. C23039, DATE: 10-14-03, PRELIMINARY PLAT SPARROWHA WK NO.2 SUBDIVISION DAVE WALDRON, SHEET PP-l, HANDWRITTEN DATE: 11-21-03, DEE R, LYNN - OWNER, DA VE WALDRON - DEVELOPER, DAVID A. BAILEY - ENGINEER FOR BAILEY ENGINEERING, INC.", David Waldron, 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 fol1owing 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 C-G, and requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 K] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The applicant has requested Preliminary Plat and Conditional Use Permit approval for a Planned Development of 11 commercial building lots and 1 common lot on 15.8 acres of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SP ARROWHA WK SUBDIVISION NO. 2/ (pP-03-043) 2 of 14 land located on the northeast comer of Franklin Road and Nola Road, within Section 8, Township 3 North, Range 1 East, Meridian, Idaho. 3. Dee R. Lynn is the current property owner and has submitted notarized consent for David Waldron to subject the subject application. David Waldron is the developer of the proposed project. 4. The Comprehensive Plan Future Land Use Map designates the land to be "Commercial". In Chapter VII ofthe Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as goverrnnent offices. It is found that the proposed commercial subdivision, with anticipated uses to include: office, retail, self-storage, and other commercial services, is harmonious with and in accordance with the 2002 Comprehensive Plan. 5. The developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. On January 9, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. Sanitary Services Company (SSC), Meridian Fire Department, and Meridian Parks Department have provided comments and conditions and which are listed hereinbelow in number 2. It is found that public services can be made available to accommodate the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SPARROWHAWK SUBDIVISION NO. 2/ (pP-03-043) 3 of 14 6. Because the developer is required to install sewer, water, utilities and irrigation, for the development at their cost, it is found that the subdivision will not conflict with the capital improvement program. 7. It is found that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. 8. It is found that there should not be any health, safety or environmental problems associated with this subdivision. ACHD considers road safety issues in their analysis, and ACHD has recommended, with conditions, approval of the subject subdivision. No hazardous natural features have been identified on the site. 9. The applicant has submitted for consideration ofthis approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR SP ARROWHA WK NO.2 SUBDIVISION, A RESUBDIVISION OF LOT 2 AND 3 OF SP ARROWHA WK SUBDIVISION, A PORTION OF THE S V7. OF THE SW % OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, DRAWN BY: DAB, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO. C23039, DATE: 10-14-03, PRELIMINARY PLAT SPARROWHAWKNO. 2 SUBDIVISION DAVE WALDRON, SHEETPP-1, HANDWRITTEN DATE: 11-21-03, DEER. LYNN -OWNER, DAVE WALDRON- DEVELOPER, DAVID A. BAILEY - ENGINEER FOR BAILEY ENGINEERING, INC.". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELTh1INARY PLAT SP ARROWHA WK SUBDIVISION NO. 2/ (pP-03-043) 4 of 14 10. The City Council recognizes the concerns of John Anderson expressed in his letter dated January 26,2004, from the Nampa & Meridian Inigation District dated January 14, 2004, and from Milo O. Elston in his letter dated February 11,2004. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR SP ARROWHA WK NO.2 SUBDIVISION, A RESUBDIVISION OF LOT 2 AND 3 OF SP ARROWHA WK SUBDIVISION, A PORTION OF THE S Y2 OF THE SW y,; OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, DRAWN BY: DAB, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO. C23039, DATE: 10-14-03, PRELIMINARY PLAT SP ARROWHA WK NO.2 SUBDIVISION DAVE WALDRON, SHEET PP-l, HANDWRITTEN DATE: 11-21-03, DEE R, LYNN - OWNER, DAVE WALDRON - DEVELOPER, DAVID A. BAILEY _ ENGINEER FOR BAILEY ENGINEERING, INC.", David Waldron, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SP ARROWHA WI( SUBDNISION NO.2! (pP-03-043) 5 of 14 1. Add a sentence to the second bullet in Site Specific Condition #5 on page 7 that says: "Refer to Meridian Parks and Recreation letter or February 3, 2004, w11tten by Elroy Huff, regarding mitigation of 62 caliper inches of trees." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. All conditions of the previously approved Annexation/Zoning (AZ-00-024), Development Agreement, Sparrowhawk Subdivision #1, Conceptual Conditional Use Permit (CUP-02-001), and the current Conditional Use Permit (CUP-03-066) application shall also be considered conditions of the Preliminary Plat (PP-03-043). Because this site consists of two legal lots of record, the Applicant shall be allowed to pull one building permit for Lot 2 and one building permit for Lot 3, Sparrowhawk Subdivision #1, prior to recordation of Sparrow hawk Subdivision #2, if separate CUP approval is obtained for the buildings. 2. Install landscape materials within the 25-foot wide platted landscape easement adjacent to the existing single-family home in accordance with MCC 12-13 -12. Said landscaping shall be reflected on the landscape plan submitted with the final plat 3. Either road trust with ACHD for the required sidewalk on Franklin Road, or construct a 5-foot wide concrete sidewalk on Franklin Road abutting the site. Construct a 5-foot wide concrete sidewalk on Nola Road abutting the site. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5- 3). 4. Prior to the City Engineer's signature of the final plat, submit to the Planning and Zoning Department, a recorded copy of a cross-parkinglcross-access agreement for the lots within the subdivision to utilize the drive aisles and off-street parking stalls. 5. The submitted landscape plan prepared by The Land Group, Inc., and dated 11-21- 01 is approved subject to the following: . Street buffers along Franklin Road shall be constructed in accordance with CUP-03-066. . 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 are removed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SP ARROWHA WK SUBDNISION NO.2! (pP-03-043) 6 of 14 Refer to Meridian Parks and Recreation letter or February 3,2004, written by Elroy Huff, regarding mitigation of 62 caliper inches of trees. (See item F.l for the Parks Department recommendations.) 6. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-IO.F.3). A minimum 6-foot fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. All fencing shall be installed in accordance with MCC 12-4-10. 7. The Applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by Dee R. Lynn, however the developer is David Waldron. Staff requests clarification of this arrangement at the hearing. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approval. 8. Sanitary sewer service to this subdivision shall be from a main being installed in Franklin Road. The Applicant may be responsible to construct sewer mains to and through this proposed development. 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 sefVIce. 9. Municipal water to this site shall be via extensions from mains being installed in Franklin Road and Nola Road. Applicant will be responsible to construct a water main through this proposed development to provide a looped system for domestic and fire protection. 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. 10. Maintenance of all common areas (e.g. -drive aisles, landscaping, etc.) shall be the responsibility of the Sparrowhawk Business Owners Association. 11. Direct lot access to Franklin Road is prohibited unless approved by ACHD and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SP ARROWHA WK. SUBDIVISION NO.2 / (pP-03-043) 7 of 14 City of Meridian. A note shall be placed on the final plat restricting access to Franklin Road. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. Prior to signature ofthe final plates) by the City Engineer, 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. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plates) application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 6. 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 will percolate or discharge wi thin a period of time not to exceed 24-hours for all storms up to and including 1 DO-year stonn events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field 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 a minimum 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. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SP ARROWHA WK SUBDIVISION NO.2 / (pP-03-043) 8 of 14 8. 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. 9. 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. 10. Staff's failure to cite specific ordinance provisions or terms of the approved atmexationlconditional use does not relieve the Applicant of responsibility for compliance. 11. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. C. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of Sparrowhawk Subdivision, as approved on February 28,2001 by the Ada County Highway District Conunission. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Commercial and office occupancies will require a fire-flow as required by the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' 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. a. Fire hydrants shall have the 4 W' 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'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SP ARROWHA WK SUBDIVISION NO.2 / (pP-03-043) 9 of 14 4, The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. Building setbacks shall be per the Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 11. 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. 12. All building uses and processes to comply with the fire code in effect at the time of construction. 13. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 14. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 15. All fire lanes shall have a clear driving surface which is 20' wide available at all times. E, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIIVIINARY PLAT SP ARROWHA WK SUBDIVISION NO.2 / (pP-03-043) 10 of 14 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 storm water disposal and design a stonnwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The following existing trees on the site and have been determined that they need to be mitigated for: One 28" Oak tree, One 10" English Walnut, One 8" fruiting plumb, Two 8" evergreens. The total caliper inches to be mitigated for is 62" inches. 2. The development shall comply with the 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. G. Adopt the recommendations ofthe Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with sse. Approval ofthe trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. H. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. The project should not impact the District providing the irrigation plans, for pressure irrigation, nor the drainage plans change during the approval process. If either ofthese plans change the District will need to do a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SP ARROWHA WK SUBDNISION NO.2 / (pP-03-043) llofl4 review on the proposed drainage site as well as the modification of the pressure irrigation system. 2. A delivery ditch crosses through and serves this property. It is the Barker Lateral Tap, No. 4248. The District has a tremendous amount of concern that this lateral be operational no later than the 15th of March. Although it is not the District's facility, and they have no legal jurisdiction, this would insure continued operation of the entire Barker Lateral which services several hundred people upstream from this location. This facility must be able to pass approximately 250 minor inches of water at any given time. This is the only method ofthe District to operate this lateral and have a continuous flow, as it is the last delivery in the system. It must be allowed to pass through and continue on to the west until it returns back into either the Evans Drain or Five-Mile Drain located to the west and north of this project. There is a water user's association known as the Barker Lateral Water User Association Tap 4248. The Water Master and Secretary for this private delivery is John P. Anderson. You may want to require the developer to contact Mr. Anderson to insure that their needs are satisfied. 1. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: 1. The developer shall be required to provide the irrigation plans for the project to John Anderson, an adjacent neighbor and the water master for the general vicinity, and for homes within the Greenhill Estates Subdivision, to make sure that their irrigation water and delivery of said water of at least 250 miner inches, are protected and shall not be interfered with during the irrigation season. Also an agreement shall be entered into between the Sparrowhawk property owners' association and the ditch users association so that the maintenance and operation shall be provided for after the ditch has been tiled. Additionally, the stormwater drainage shall be addressed as well. 2. The developer shall be required to comply with the following conditions agreed to by the developer at the public hearing at the City Council meeting held on March 2, 2004, where David Waldron, the developer, made the following statement: "Respectful of the concerns ofMr. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SP ARROWHA WK SUBDIVISION NO.2 / (pP-03-043) 12 of 14 Anderson and we are fully aware of the requirements of the irrigation system and it's our intent to pipe that system and we completely understand that we are not going to be able to exercise any construction during the summer season until next October. So, I'm very happy to share our irrigation plan when it's completed with him and we review it", and pertaining to the drainage issue Mr. Waldron stated: "The drainage will be on site completely", and which public testimony has been incorporated into public record from that meeting. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By a~ ~he City Council at its regular meeting held on the day of 'J 2 ,2004. 6~ ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SP ARROWHA WI< SUBDIVISION NO, 2 I (pP-03-043) 13 of 14 COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -- Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SP ARROWHA WK SUBDIVISION NO.2 / (pP-03-043) 14 of! 4 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT David Waldron CUP 03-066 April 6, 2004 ITEM NO. In. \ REQUEST Tabled Findings from 3/23/04 -- Request for a Conditional Use Permit for a modification to existing Conditional Use Permit (Planned Development) for Sparrowhawk Subdivision -- ne corner of North Nola Road and East Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See aHached Findings Mf~ Contacted: Emailed: Date: 6/ ~S-~()Y- Staff Initials: Phone: Cf?; 5? ~ ()6 {S ~~ Rr:JEIVED MAR 25 2004 interoffice MEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: DAVID WALDRON FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR A MODIFICATION TO THE EXISTING CONDITIONAL USE PERMIT IN A C-G ZONE FOR SP ARROWHA WK SUBDIVISION NO.2 File No.: CUP-03-066 Date: March 23,2004 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\Mcridian\Meridian I 5360MlSparrowhawk Sub PP-03-043 CUP.03-066\ClkLtrCUPffcls&Order.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03-02-04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT APPROVAL TO ) MODIFY A PREVIOUSLY ) APPROVED CONDITIONAL USE ) PERMIT TO INCLUDE 108,107 ) SQUARE FEET OF NON- ) RESIDENTIAL BUILDINGS ON ) 15.8 ACRES IN A C-G ZONE, ) LOCATED ON THE NORTHEAST ) CORNER OF FRANKLIN ROAD ) AND NOLA ROAD, WITHIN ) SECTION 8, TOWNSHIP 3 NORTH, ) RANGE 1 EAST, MERIDIAN, ) IDAHO ) ) DAVID WALDRON, ) APPLICANT ) Case No. CUP-03-066 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 March 2,2004, at the hour of7:00 p.m., at Meridian City Hall) 33 East Idaho Street) Meridian) Idaho, and AlUla Powell PlalUling and Zoning Director for the PlalUling and Zoning Department, David Waldron, Rod Cullen and John Anderson, 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 PlalUling and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 23 and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 2,2004, 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 March 2, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an C-G 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 4. The property is located on the northeast comer of Franklin Road and Nola Road, within Section 8, Township 3 North, Range 1 East, Meridian, Idaho. 5. The owner ofrecord of the subject property is Dee R. Lynn, who has provided notmized consent for the subject application. 6. Applicant is David Waldron. 7. The subject property is currently zoned C-G. The zoning district of C-G 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 to modify a previously approved Conditional Use Permit for a Conceptual Planned Development including 108,107 square feet of non-residential buildings. The Planned Development designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (MCC 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 of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 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 Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. All conditions of the previously approved Annexation/Zoning (AZ-00-024), Development Agreement, Sparrowhawk Subdivision #1, Conceptual Conditional Use Permit (CUP-02- 001), and the current Preliminary Plat (PP-03-043) application shall also be considered conditions ofthe Conceptual Conditional Use Permit/PD (CUP-03-066). All future buildings with the subject development, whether constructed under the subject ownership, or on individually owned lots, shall be designed under the established set of architectural criteria approved with Sparrowhawk Subdivision #1 and CUP-02-001. 2. The Applicant shall be allowed to defer construction of the landscape buffer on Franklin Road for a maximum of 18 months from the City Engineer's signature of the final plat. If after 18 months the landscape buffer has not been constructed, the City shall not issue any building permits or sign off on occupancy on any structures on this site until the landscaping has been completed. This condition shall modify the previously approved requirement that all perimeter landscaping be installed prior to occupancy of any building within the development (including the apartment complex that is not a part ofthe subject application). 3. Construct a 15 - foot wide landscape buffer, rather than a 20- foot wide landscape buffer, along the north property line. Landscape materials should be installed per MCC 12-13-12-4. 4. The proposed amenities for the planned development: two picnic areas with benches and additional landscaping located just off the accesses on Lots 7 & 10, Block 1, are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as described in the Applicant's submittal letter. 5. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSe. Prior to submittal of a detailed Conditional Use Permit, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 6. Align the drive aisle and sidewalk into the office park area with the existing driveway and sidewalk serving the apartment complex to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 7. The proposed parking exceeds the 182 required stalls (323 proposed). Off-street parking shall be provided in accordance with MCC 11-13 and MCC 12-13-11 and/or as detailed in the site-specific requirements. All two-way drive aisles adjacent to 90-degree parking shall be at least 25 feet wide (measured back-of-stall to back-of-stall). All parking and drive aisles shall be paved. Paving and striping of parking areas shall be in accordance with the standards set forth in Meridian City Code and in accordance with Americans with Disabilities Act (ADA) requirements. 8. Provide a minimum 8% of the total area of the interior ofthe parking lot with landscaping as proposed. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 9. Applicant shall submit 10 copies to the City Clerk of a revised site plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 10. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will require a separate sign permit in compliance with the sign ordinance. Unless otherwise approved, no temporary signage, flags, banners or flashing signs will be pennitted. 11. 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 MCC 11-13- 4C. 12. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act. 13. All proposed sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. Sidewalks shall be constructed prior to occupancy. 14. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a conditional use permit, and a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 15. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 16. Staff's failure to cite specific ordinance provISiOns or terms of the approved annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility for compliance. 17. The subject conditional use permit may be revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). 18. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.8. 8. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of Sparrowhawk Subdivision, as approved on February 28, 2001 by the Ada County Highway District Commission. C. Adopt the Meridian Fire Department Recommendations as follows: 1. Connnercial and office occupancies will require a fire-flow as required by the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' 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. a. Fire hydrants shall have the 4 W' 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'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. Building setbacks shall be per the Building Code for one and two story construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 11. 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. 12. All building uses and processes to comply with the fire code in effect at the time of construction. 13. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 14. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 15. All fire lanes shall have a clear driving surface which is 20' wide available at all times. D. 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~offis not to create a mosquito breeding problem. 4, Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The following existing trees on the site and have been determined that they need to be mitigated for: One 28" Oak tree, One 10" English Walnut, One 8" fruiting plumb, Two 8" evergreens. The total caliper inches to be mitigated for is 62" inches. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 2. The development shall comply with the 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. F. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approvalofthe trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. G. Adopt the recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. The project should not impact the District providing the irrigation plans, for pressure irrigation, nor the drainage plans change during the approval process. If either of these plans change the District will need to do a review on the proposed drainage site as well as the modification ofthe pressure irrigation system. 2. A delivery ditch crosses through and serves this property. It is the Barker Lateral Tap, No. 4248. The District has a tremendous amount of concern that this lateral be operational no later than the 15th of March. Although it is not the District's facility, and they have no legal jurisdiction, this would insure continued operation of the entire Barker Lateral which services several hundred people upstream from this location. This facility must be able to pass approximately 250 minor inches of water at any given time. This is the only method of the District to operate this lateral and have a continuous flow, as it is the last delivery in the system. It must be allowed to pass through and continue on to the west until it returns back into either the Evans Drain or Five-Mile Drain located to the west and north of this project. There is a water user's association known as the Barker Lateral Water User Association Tap 4248. The Water Master and Secretary for this private delivery is John P. Anderson. You may want to require the developer to contact Mr. Anderson to insure that their needs are satisfied. H. Adopt the action of the City Council taken at their March 2,2004 meeting as follows: 1. The developer shall be required to provide the irrigation plans for the project to John Anderson, an adjacent neighbor and the water master for the general vicinity, and for homes within the Greenhill Estates Subdivision, to make sure FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 that their irrigation water and delivery of said water of at least 250 miner inches, are protected and shall not be interfered with during the irrigation season. Also an agreement shall be entered into between the Sparrowhawk property owners' association and the ditch users association so that the maintenance and operation shall be provided for after the ditch has been tiled. Additionally, the stormwater drainage shall be addressed as well. 2. The developer shall be required to comply with the following conditions agreed to by the developer at the public hearing at the City Council meeting held on March 2,2004, where David Waldron, the developer, made the following statement: "Respectful of the concerns ofMr. Anderson and we are fully aware of the requirements of the irrigation system and it's our intent to pipe that system and we completely understand that we are not going to be able to exercise any construction during the summer season until next October. So, I'm very happy to share our irrigation plan when it's completed with him and we review it", and pertaining to the drainage issue Mr. Waldron stated: "The drainage will be on site completely", and which public testimony has been incorporated into public record from that meeting. 13. The City Council recognizes the concerns of Jolm Anderson expressed in his letter dated January 26,2004, from the Nampa & Meridian Inigation District dated January 14, 2004, and from Milo O. Elston in his letter dated February 11, 2004. 14. The applicant, David Waldron, applied for Preliminary Plat and Conditional Use Permit approval of 11 buildable lots and one other common lot on 15.8 acres of C-G property. Within the 11 buildable lots, the applicant is requesting conceptual CUP approval of 43,070 square feet of office space, 33,912 square feet of commercial space, 6,000 square feet of retail/service space, and 25,125 square feet for self storage units. The site is located on the northeast comer of Franklin Road and Nola Road. The Comprehensive Plan designates this site as "Commercia]", In 2001, the City approved a request for aImexation and zoning of this site to C-G (General Retail and Service Commercial District). Concurrent with the annexation and zoning, a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 3-10t commercial subdivision application was processed. This commercial subdivision, Sparrowhawk Subdivision, recorded in 2003. In 2002, the City approved the Foothills Apartments (CUP-02-001), a 54-unit multi-family development on Lot 1, Block 1, of Sparrowhawk Subdivision. The apartment complex was approved using a 20% use exception as allowed by Meridian City Code. Along with the apartment complex, CUP-02-001 also included a request for conceptual approval of 12 commercial buildings containing 134,760 square feet of retail, warehouse, and office uses on Lots 2 and 3, Block 1. Some of the conceptual uses that were proposed included: a convenience store, car wash, gymnastic center, bank, and restaurants. The subject applications propose to modify CUP-02-001. As part ofthe PD the Applicant is requesting to defer construction of the required 35-foot landscape buffer along Franklin Road until final site excavation is underway. The Applicant is also requesting Alternative Compliance to the required landscape buffer along the north property line. See Special Consideration "A" for the Conditional Use Permit of the Staff Report for detailed analysis of this request. The Applicant is proposing to construct picnic benches within the landscape areas, just off the entries as amenities for the PD. See Special Considerations "B" for the Conditional Use Permit ofthe Staff Report for a detailed analysis ofthe proposed amenities and the design thereof. 15. As part of the Planned Development (PD) the Applicant is seeking relief from the standards requirement to construct the 35-foot wide street buffer on Franklin Road prior to occupancy of any of the buildings. Further, the Applicant is requesting a modification to the standard development requirements for a land use buffer between the industrial uses to the north. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 (See Staff Report Special Consideration #1) Although the site is large enough to accommodate all of the features required by ordinance, the Applicant has asked, through the PD, to modify specific development standards. It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the PD process. 16. It is found that the proposed mixed-use subdivision is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Commercial". 17. If the landscape buffers are constructed as outlined in the Staff Report, it is found that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing character or intended character of the area. 18. It is not anticipated that the proposed development will adversely affect the other properties in the vicinity. 19. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project, and which list is addressed above in number 12.C. Water and sanitary sewer service are proposed to be extended from mains being installed adjacent to the proposed development. On January 9, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. Detailed conditions from Sanitary Services Company (SSC), the Meridian Fire Department and the Meridian Parks Department are addressed above in number 12. ACHD staff has approved this application with site-specific and standard FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 conditions. The ACHD conditions are addressed in number 12 above. 20. The developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. 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. 21. It is recognized that traffic and noise will increase with the approval of this subdivision; however, it is not believed that the amount generated will be detrimental to the general welfare of the public. It is not anticipated that the proposed development will create excessive noise, smoke, fumes, glare or odors. It is also found that the proposed uses will not be detrimental to people, property or the general welfare of the area. 22. Review of the ACHD report for this project will provide for additional infonnation regarding this project. 23. There are no natural or scenic feature(s) of major importance in the area that maybe affected by the proposed development. 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. g67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council ofthe City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establisIunent of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 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-G zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 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 ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the 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 ~ 11-17 -6) 7. When the City Council approves a conditional use permit it may impose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 23 conditions ofthat approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit to modify a previously approved Conditional Use Permit for a Conceptual Planned Development including 108,107 square feet of non-residential buildings in an C-G zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 23 SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. All conditions of the previously approved Annexation/Zoning (AZ-OO-024), Development Agreement, Sparrowhawk Subdivision #1, Conceptual Conditional Use Permit (CUP-02-00l), and the current Preliminary Plat (PP-03-043) application shall also be considered conditions of the Conceptual Conditional Use PermitlPD (CUP-03-066). All future buildings with the subject development, whether constructed under the subject ownership, or on individually owned lots, shall be designed under the established set of architectural criteria approved with Sparrowhawk Subdivision #1 and CUP-02-00 1. 2. The Applicant shall be allowed to defer construction of the landscape buffer on Franklin Road for a maximum of 18 months from the City Engineer's signature of the final plat. If after 18 months the landscape buffer has not been constructed, the City shall not issue any building permits or sign off on occupancy on any structures on this site until the landscaping has been completed. This condition shall modify the previously approved requirement that all perimeter landscaping be installed prior to occupancy of any building within the development (including the apartment complex that is not a part of the subject application). 3. Construct a 15- foot wide landscape buffer, rather than a 20- foot wide landscape buffer, along the north property line. Landscape materials should be installed per MCC 12-13-12-4. 4. The proposed amenities for the planned development: two picnic areas with benches and additional landscaping located just off the accesses on Lots 7 & 10, Block 1, are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as described in the Applicant's submittal letter. 5. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to submittal of a detailed Conditional Use Penuit, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 6. Align the drive aisle and sidewalk into the office park area with the existing driveway and sidewalk serving the apartment complex to the east. 7. The proposed parking exceeds the 182 required stalls (323 proposed). Off-street parking shall be provided in accordance with MCC 11-13 and MCC 12-13-11 and/or as detailed in the site- specific requirements. All two-way drive aisles adjacent to 90-degree parking shall be at least 25 feet wide (measured back-of-stall to back-of-stall). All parking and drive aisles shall be paved. Paving and striping of parking areas shall be in accordance with the standards set forth in Meridian City Code and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 8. Provide a minimum 8% of the total area of the interior of the parking lot with landscaping as proposed. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 9. Applicant shall submit 10 copies to the City Clerk ofarevised site plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 10. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will require a separate sign permit in compliance with the sign ordinance. Unless otherwise approved, no temporary signage, flags, balli1ers or flashing signs will be permitted. 11. 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 MCC 11-13-4C. 12. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act 13. All proposed sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Sidewalks shall be constructed prior to occupancy. 14. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a conditional use permit, and a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 15. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature ofthe final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. 16. Staff's failure to cite specific ordinance provlSlons or terms of the approved annexation/preliminaryplat/conditional use does not relieve the Applicant of responsibility for compliance. 17. The subject conditional use permit may be revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the pennit (MCC 11-17-11). 18. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11-17- 4.B. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 23 B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of Sparrow hawk Subdivision, as approved on February 28,2001 by the Ada County Highway District Commission. C. Adopt the Meridian Fire Department Recommendations as follows: 1. Commercial and office occupancies will require a fire-flow as required by the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 W' 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'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. Building setbacks shall be per the Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. ] 1. 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 ofthis installation is to be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 12. All building uses and processes to comply with the fire code in effect at the time of construction. 13. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 14. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 15. All fire lanes shall have a clear driving surface which is 20' wide available at all times. D. 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-offis 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 storrnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The following existing trees on the site and have been determined that they need to be mitigated for: One 28" Oak tree, One 10" English Walnut, One 8" fruiting plumb, Two 8" evergreens. The total caliper inches to be mitigated for is 62" inches. 2. The development shall comply with the 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. F. Adopt the recommendations ofthe Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 trash enclosure design will be required prior to submittal of a Conditional Use Pennit and issuance of a Certificate of Zoning Compliance. G. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. The project should not impact the District providing the irrigation plans, for pressure irrigation, nor the drainage plans change during the approval process. If either ofthese plans change the District will need to do a review on the proposed drainage site as well as the modification of the pressure irrigation system. 2. A delivery ditch crosses through and serves this property. It is the Barker Lateral Tap, No. 4248. The District has a tremendous amount of concern that this lateral be operational no later than the 15th of March. Although it is not the District's facility, and they have no legal jurisdiction, this would insure continued operation of the entire Barker Lateral which services several hundred people upstream from this location. This facility must be able to pass approximately 250 minor inches of water at any given time. This is the only method of the District to operate this lateral and have a continuous flow, as it is the last delivery in the system. It must be allowed to pass through and continue on to the west until it returns back into either the Evans Drain or Five-Mile Drain located to the west and north of this project. There is a water user's association known as the Barker Lateral Water User Association Tap 4248. The Water Master and Secretary for this private delivery is John P. Anderson. You may want to require the developer to contact Mr. Anderson to insure that their needs are satisfied. H. Adopt the action ofthe City Council taken at their March 2, 2004 meeting as follows: 1. The developer shall be required to provide the irrigation plans for the project to John Anderson, an adjacent neighbor and the water master for the general vicinity, and for homes within the Greenhill Estates Subdivision, to make sure that their irrigation water and delivery of said water of at least 250 miner inches, are protected and shall not be interfered with during the irrigation season. Also an agreement shall be entered into between the Sparrowhawk property owners' association and the ditch users association so that the maintenance and operation shall be provided for after the dltch has been tiled. Additionally, the stormwater drainage shall be addressed as well. 2. The developer shall be required to comply with the following conditions agreed to by the developer at the public hearing at the City Council meeting held on March 2,2004, where David Waldron, the developer, made the following statement: "Respectful of the concerns ofMr. Anderson and we are fully aware of the requirements ofthe irrigation system and it's our intent to pipe that system and we FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 completely understand that we are not going to be able to exercise any construction during the summer season until next October. So, I'm very happy to share our irrigation plan when it's completed with him and we review it", and pertaining to the drainage issue Mr. Waldron stated: "The drainage will be on site completely", and which public testimony has been incorporated into public record from that meeting. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3, The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Pennit In accordance with this Decision, which shan 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 patiy 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 pennlt holder must commence the use as pennitted 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. lfthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 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 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 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 6 -II;;. day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: ~-E-{)1- VOTED ..::;--- MOTION: V APPROVED:--T- DISAPPROVED: By:JI~,6-~I9v City Clerk Dated: Attest: Z:\ Work\M\Melidian\Melidian [5360MlSpan'owhawk Sub PP-03-043 CUP-03-066\FfClsCUP03-066.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 ( , BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/02/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT APPROVAL TO ) MODIFY A PREVIOUSLY ) APPROVED CONDITIONAL USE ) PERMIT TO INCLUDE 108,107 ) SQUARE FEET OF NON- ) RESIDENTIAL BUILDINGS ON ) 15.8 ACRES IN A C-GZONE, ) LOCATED ON THE NORTHEAST ) CORNER OF FRANKLIN ROAD ) AND NOLA ROAD, WITHIN ) SECTION 8, TOWNSHIP 3 NORTH, ) RANGE 1 EAST, MERIDIAN, ) IDAHO ) ) DAVID WALDRON, ) APPLICANT ) ) Case No. CUP-03-066 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on March 2, 2004, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit to modify a previously approved Conditional Use Permit for a Conceptual Planned Development including ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE 1 OF9 108,107 square feet of non-residential buildings in an C-G zone, subject to the following conditions of use and development: A. Adopt the Comments and Recommendations ofthe Meridian PlalUling & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. All conditions ofthe previously approved Annexation/Zoning (AZ-00-024), Development Agreement, Sparrowhawk Subdivision #1, Conceptual Conditional Use Permit (CUP-02- 001), and the current Preliminary Plat (PP-03-043) application shall also be considered conditions of the Conceptual Conditional Use Permit/PO (CUP-03-066). All future buildings with the subject development, whether constructed under the subject ownership, or on individually owned lots, shall be designed under the established set of architectural criteria approved with Sparrowhawk Subdivision #1 and CUP-02-001. 2. The Applicant shall be allowed to defer construction of the landscape buffer on Franklin Road for a maximum of 18 months from the City Engineer's signature of the final plat. If after 18 months the landscape buffer has not been constructed, the City shall not issue any building permits or sign off on occupancy on any structures on this site until the landscaping has been completed. This condition shall modify the previously approved requirement that all perimeter landscaping be installed prior to occupancy of any building within the development (including the apartment complex that is not a part of the subject application). 3. Construct a 15- foot wide landscape buffer, rather than a 20- foot wide landscape buffer, along the north property line. Landscape materials should be installed per MCC 12-13-12-4. 4. The proposed amenities for the planned development: two picnic areas with benches and additional landscaping located just off the accesses on Lots 7 & 10, Block 1, are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as described in the Applicant's submittal letter. 5. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to submittal of a detailed Conditional Use Permit, the Applicant shall submit a revised site plan, stamped approved by sse, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-t.C. 6. Align the drive aisle and sidewalk into the office park area with the existing driveway and sidewalk serving the apartment complex to the east. ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE 2 OF9 7. The proposed parking exceeds the 182 required stalls (323 proposed). Off-street parking shall be provided in accordance with MCC 11-13 and MCC 12-13-11 and/or as detailed in the site-specific requirements. All two-way drive aisles adjacent to 90-degree parking shall be at least 25 feet wide (measured back-of-stall to back-of-stall). All parking and drive aisles shall be paved. Paving and striping of parking areas shall be in accordance with the standards set forth in Meridian City Code and in accordance with Americans with Disabilities Act (ADA) requirements. 8. Provide a minimum 8% ofthe total area of the interior ofthe parking lot with landscaping as proposed. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 9. Applicant shall submit 10 copies to the City Clerk of a revised site plan in confonnance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 10. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will require a separate sign permit in compliance with the sign ordinance. Unless otherwise approved, no temporary signage, flags, banners or flashing signs will be permitted. 11. 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 MCC 11-13- 4C. 12. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act. 13. All proposed sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. Sidewalks shall be constructed prior to occupancy. 14. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a conditional use pennit, and a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 15. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE 3 OF9 16. Staffs failure to cite specific ordinance prOVISlOns or terms of the approved annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility for compliance. 17. The subject conditional use pennit may be revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). 18. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. B. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of Sparrowhawk Subdivision, as approved on February 28, 2001 by the Ada County Highway District Commission. C. Adopt the Meridian Fire Department Recommendations as follows: 1. Commercial and office occupancies will require a fire-flow as required by the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' 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. a. Fire hydrants shall have the 4 11" 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'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shan have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE 4 OF9 8. Building setbacks shall be per the Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 11. 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 bome by the developer. 12. All building uses and processes to comply with the fire code in effect at the time of construction. 13. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 14. Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping areas. 15. All fire lanes shall have a clear driving surface which is 20' wide available at all times. D. Adopt the Recommendations ofthe 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 HeaIth & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGES OF9 1. The following existing trees on the site and have been determined that they need to be mitigated for: One 28" Oak tree, One 10" English Walnut, One 8" fruiting plumb, Two 8" evergreens. The total caliper inches to be mitigated for is 62" inches. 2. The development shall comply with the 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. F. Adopt the recommendations ofthe Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad, container stopstbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. G. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. The project should not impact the District providing the irrigation plans, for pressure irrigation, nor the drainage plans change during the approval process. If either of these plans change the District will need to do a review on the proposed drainage site as we]] as the modification of the pressure irrigation system. 2. A delivery ditch crosses through and serves this property. It is the Barker Lateral Tap, No. 4248. The District has a tremendous amount of concern that this lateral be operational no later than the 15th of March. Although it is not the District's facility, and they have no legal jurisdiction, this would insure continued operation of the entire Barker Lateral which services several hundred people upstream from this location. This facility must be able to pass approximately 250 minor inches of water at any given time. This is the only method of the District to operate this lateral and have a continuous flow, as it is the last delivery in the system. It must be allowed to pass through and continue on to the west until it returns back into either the Evans Drain or Five-Mile Drain located to the west and north of this project. There is a water user's association known as the Barker Lateral Water User Association Tap 4248. The Water Master and Secretary for this private delivery is John P. Anderson. You may want to require the developer to contact Mr. Anderson to insure that their needs are satisfied. ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE 6 OF 9 H. Adopt the action of the City Council taken at their March 2,2004 meeting as follows: 1. The developer shall be required to provide the irrigation plans for the project to Jo1m Anderson, an adjacent neighbor and the water master for the general vicinity, and for homes within the Greenhill Estates Subdivision, to make sure that their irrigation water and delivery of said water of at least 250 miner inches, are protected and shall not be interfered with during the irrigation season. Also an agreement shall be entered into between the Sparrow hawk property owners' association and the ditch users association so that the maintenance and operation shall be provided for after the ditch has been tiled. Additionally, the stormwater drainage shall be addressed as well. 2. The developer shall be required to comply with the following conditions agreed to by the developer at the public hearing at the City Council meeting held on March 2,2004, where David Waldron, the developer, made the following statement: "Respectful of the concerns of Mr. Anderson and we are fully aware of the requirements of the irrigation system and it's our intent to pipe that system and we completely understand that we are not going to be able to exercise any construction during the summer season until next October. So, I'm very happy to share our irrigation plan when it's completed with him and we review it", and pertaining to the drainage issue Mr. Waldron stated: "The drainage will be on site completely", and which public testimony has been incorporated into public record from that meeting. 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. 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 ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE 7 OF9 holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION 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 ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE 8 OF 9 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 the issuance or denial of the conditional use pennit 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. 6r5- By action ofthe City Council at its regular meeting held on the day of 1J;;r/ 2 ,2004. Attest: SEAL By. J~4-~ 9-- City Clerk ' =- .(I)::: William G. Berg, Jr., City lerk % ~""_ "rf' ',D i ~".o ~.:;,..,. 1S"'t . -:<:' $: ~'" '1 ~~...~ Copy served upon Applicant, the Plariifuj~rlNfl~ip artment, Public Works Department . 'flt/~1 '\\' \\111111111/ and CIty Attorney. IIIHIl nUll' ,,\\\ II{ff . "",~o,( oF MEF;.g.. II........ :0.." ..'-' VI- ~ ~ 'l-r -.a'P~. ~""'. ~ ~ .(jV'~ -''''Ih 'Y ~ ~ ~ <0 ~ f- ?~tJf-i ~ Dated: - - Z:\Work\M\Meridian\Meridian I 5360MlSparrowhawk Sub PP-03-043 CUP-03-066\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE90F9 April 1 ,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Thomas R. Williams CUP 03-068 April 6, 2004 ITEM NO. lo"'\. J REQUEST Tabled Findings from 3/23/04 -- Request for a Conditional Use Permit for professional office & retail use in a C-G zone as required by Final Plat for Mallane Professional Offices -- south of North Hickory Way and north of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ",.J:../ OU\~ Contacted: Emailed: R-:Q ~j .1.." .' w-'J TT Tlf71.. . D ,I interoffice MEMORANDUM MAt< I.:> :luu4 City OfMericlian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: THOMAS R. WILLIAMS FOR CONDITIONAL USE PERMIT FOR OFFICE AND COMMERCIAL USES IN THE C-G ZONE FOR MALLANE SUBDIVISION File No.: CUP-03-068 Date: March 24, 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\Mendian\Meridian 15360MlMallane Professional Offices CUP-03-068\ClkLtrCUPffcJs&Order.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR OFFICE AND COMMERCIAL USES IN THE C-G ZONE, LOCATED NEAR THE INTERSECTION OF FAIRVIEW AVENUE AND HICKORY WAY, JUST EAST OF THE LOUIE'S RESTAURANT SITE, MERIDIAN, IDAHO THOMAS R. WILLIAMS, APPLICANT C/C 03-02-04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-068 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 March 2,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, David Waldron, Rod Cullen and John Anderson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 20 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 March 2,2004, 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 March 2,2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an C-G zone and by reason of the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located near the intersection of Fairview A venue and Hickory Way, just east of the Louie's Restaurant site, Meridian, Idaho. 5. The owners of record of the subject property are Ron and Sari Trompke, and they have given their consent for the applicant to submit the requested conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 6. Applicant is Thomas R. Williams, 2127 Overland Road, Boise, Idaho 83705. 7. The subject property is currently zoned C-G. The zoning district ofC-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit for office and commercial uses in the C-G zone. A Conditional Use Permit is required for all lots in the Mallane Subdivision per note 4 on the final plat. 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 of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF20 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 3. All subdivision improvements, including landscaping and the wall, must have an active bond prior to release of building permits for the project; and all said improvements must be complete prior to occupancy of the structure. 4. The project shall maintain cross-access across the property, in conformance with the recorded cross-access agreement, instrument number 102056607. 5. The following modifications are required to the landscape plan. · Modify the street buffer landscaping along Hickory Way to reflect the landscaping approved with the final plat. · Add trees in all landscape planters in conformance with the Landscape Ordinance. · Landscape the future development area with at least grass or other vegetative ground cover. The grass will not be required in the future development area if a tenant for the future development has been secured prior to occupancy of the currently proposed structure. 6. The future expansion is approved with the layout shown on the revised plan dated 1/29/04. Elevations of the future expansion shall be similar to the elevations and materials provided for the first phase of the building, and will be subject to design review by P&Z staff. Any major change shall require a separate CUP process. 7. Curbs shall be added along the south side of the parking lot and continue south along the drive aisle, connecting to the existing curb and then continuing east out to Hickory Way. A temporary extruded curb will be allowed in these areas until a tenant has been secured for this future development area. and therefore prior to occupancy of the currentlv proposed structure. the applicant shall either provide the temporary curb or provide documentation between the applicant and the tenant that they have secured a tenant. If no tenant is secured. then the applicant shall 2rass and maintain the area until a tenant is secured. (Per City Council action at their March 2. 2004 meetin2.) The sidewalk that ends at the north edge of the parking area shall be continued north to connect with the sidewalk along Hickory Way. 8. Sanitary sewer and water service shall be from main lines being installed on the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 20 9. 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. 10. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate permits. 11. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. A Certificate of Zoning Compliance (CZC) for the project shall be required prior to application for building permits. 13. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 14. 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. 15. Incorporate the two Special Recommendations in the ACHD staff report, page 5, as conditions of approval on this application. B. Adopt the Recommendations ofthe Sanitary Services Company (SSC) as follows: 1. Add an approach to the trash enclosure that will allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosure per the standard recommendations ofSSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval ofthe trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 20 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shan 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. 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 an approved turn around. 4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7, Building setbacks shall be per the Building Code for one and two story construction. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. D. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MPPOO-0211MRZOO-007 (Mallane Commercial Complex). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 20 Special Recommendations to the City of Meridian: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staffwill coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. E. Adopt the Reconunendations of Central District Health Department as follows: 1. Storm water shall be pretreated tlrrough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their March 2,2004 meeting as follows: For Clarification: 1. The applicant has modified the trash enclosure by providing a lane for the garbage trucks, as well as adding landscape islands which will have trees in each ofthe islands. 2. For the first phase of development, the appropriate amount of parking has been provided for. When the future development is completed all remaining parking, paths, sidewalks and curbing shall be constructed. 3. The site runoff has temporarily been provided for and in the future, upon build-out of the property, the applicant's civil engineer shall provide for a permanent on-site location for said runoff. 4. The applicant shall construct the appropriate number of parking stalls, which shall be 25 parking stalls with 19 foot lanes. 5. Pertaining to the Staff Report under Special Considerations number 2. and especially relating to the bond for the landscaping being expired, the applicant shall either renew the bond or have the subdivision improvements completed prior ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 20 to issuance of a building permit. All other Special Considerations under number 2. Landscaping of the Staff Report shall remain in their entirety. 13. The applicant, Thomas R. Williams on behalf of Trinity Home Mortgage, has requested approval of a conditional use permit for a new 5,400 square foot office/retail building. The subject property was rezoned on 5120/03 to C-G as part of the Mallane Commercial Complex, file number RZ-03-001. The property was platted at the same time as Mallane Subdivision, file number FP-03-001. The final plat was recorded on 10/1103. The proposed project is on Lot 5, Block 1 of Mallane Subdivision. A conditional use pennit is required for all lots in the subdivision per note 4 on the final plat. The conditional use process was required in order to give the City an opportunity to consider potential impacts to the adjacent Dove Meadows Subdivision. It is found that the proposed building is in substantial compliance with the concept plan submitted with the plat and it is not anticipated that there will be significant negative impacts on the neighboring subdivision. 14. It is found that the site is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. Several site modifications will need to be made to the landscaping and parking plans in order to be in compliance with the M CC, as detailed under site specific conditions of the staff report. 15. The Comprehensive Plan Land Use Map designates the property as "Commercial" and it is currently zoned C-G. It is found that the requested use is in compliance with the approved Future Land Use Map and the CUP project will be in compliance with the MCC. 16. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The site is intended for commercial development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 20 per the Comprehensive Plan and existing zoning designations. Given the scale and orientation of the building, it is not believed that it will pose an adverse impact on the surrounding neighborhood. The required improvements for Mal1ane Subdivision, including landscape buffers and a block wall adjacent to Dove Meadows, shall be in place prior to occupancy ofthe proposed building or the applicant shall have the landscape bond renewed. 17. It is not anticipated that the proposed development will adversely affect the adjacent neighbors. The scale of the development should minimize impacts on the surrounding neighborhood. 18. It is found that the proposed development can be adequately served by the essential public facilities and services. Sewer, water, fire hydrants, etc. were all installed as part of the subdivision improvements. 19. It is found that the proposed office/commercial use will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. It is found that no smoke, fumes, glare or odors will result from the proposed use. The ACHD report for this project is a "comply with" Mallane Commercial Complex. No new trip generation estimates have been calculated for the project, but it will be a fraction of the 2000 trips planned for the overall development. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Curb cuts for the subdivision were previously approved and constructed; the proposed project will be using the approved curb cut locations. Review of the ACHD report for this project will provide for additional information regarding this project. Hickory FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 20 Way is classified as a Collector and is designed to accommodate additional trips. 22. There are no natural or scenic feature(s) of major importance in the area that maybe affected by the proposed development. 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. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the tenus of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 20 b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character ofthe general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the C-G zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code g 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 20 recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions ofthat approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE120F20 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 office and commercial uses in the C-G 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 modified by the Planning & Zoning Commission, as follows: 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 3. All subdivision improvements, including landscaping and the wall, must have an active bond prior to release of building permits for the project; and all said improvements must be complete prior to occupancy of the structure. 4. The project shall maintain cross-access across the property, in conformance with the recorded cross-access agreement, instrument number I 02056607. 5. The following modifications are required to the landscape plan. · ModifY the street buffer landscaping along Hickory Way to reflect the landscaping approved with the final plat. · Add trees in all landscape planters in conformance with the Landscape Ordinance. · Landscape the future development area with at least grass or other vegetative groundcover. The grass will not be required in the future development area if a tenant for the future development has been secured prior to occupancy of the currently proposed structure. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 6. The future expansion is approved with the layout shown on the revised plan dated 1/29/04. Elevations of the future expansion shall be similar to the elevations and materials provided for the first phase of the building, and will be subject to design review by P&Z staff. Any major change shall require a separate CUP process. 7. Curbs shall be added along the south side of the parking lot and continue south along the drive aisle, connecting to the existing curb and then continuing east out to Hickory Way. A temporary extruded curb will be allowed in these areas until a tenant has been secured for this future development area. and therefore prior to occupancy of the currently proposed structure. the applicant shall either provide the temporarv curb or provide documentation between the applicant and the tenant that they have secured a tenant. If no tenant is secured. then the applicant shall 2"rass and maintain the area until a tenant is secured. (Per City Council action at their March 2. 2004 meetin2".) The sidewalk that ends at the north edge of the parking area shall be continued north to connect with the sidewalk along Hickory Way. 8. Sanitary sewer and water service shall be from main lines being installed on the property. 9. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otheLWise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 10. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage shall require separate permits. II. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. A Certificate of Zoning Compliance (CZC) for the project shall be required prior to application for building permits. 13. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 14. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 20 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. 15. Incorporate the two Special Recommendations in the ACHD staff report, page 5, as conditions of approval on this application. B. Adopt the Recommendations of the Sanitary Services Company (SSe) as follows: 1. Add an approach to the trash enclosure that will allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosure per the standard recommendations of SSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approvalofthe trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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. 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 an approved turn around. 4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 20 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. D. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MPPOO-021/MRZOO-007 (Mallane Commercial Complex). Special Recommendations to the City of Meridian: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying t.he proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is fonned with a boundary that includes this site or is adjacent to this development. E. Adopt the Recommendations of Central District Health Department as follows: 1. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For Clarification: 1. The applicant has modified the trash enclosure by providing a lane for the garbage trucks, as well as adding landscape islands which will have trees in each ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 20 islands. 2. For the first phase of development, the appropriate amount of parking has been provided for. When the future development is completed all remaining parking, paths, sidewalks and curbing shall be constructed. 3. The site runoff has temporarily been provided for and in the future, upon build-out of the property, the applicant's civil engineer shall provide for a pennanent on-site location for said runoff. 4. The applicant shall construct the appropriate number of parking stalls, which shall be 25 parking stalls with 19 foot lanes. 5. Pertaining to the Staff Report under Special Considerations number 2. and especially relating to the bond for the landscaping being expired, the applicant shall either renew the bond or have the subdivision improvements completed prior to issuance of a building permit. All other Special Considerations under number 2. Landscaping of the Staff Report shall remain in their entirety. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Pennit 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 170F20 satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe 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 Judicial Review may be filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 20 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. [; -If:- By action of the City Council at its regular meeting held on the day of /);mr/L , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ --- MA YOR TAMMY de WEERD (TIE BREAKER) DATED; f--b--04- MOTION: APPROVED:~_ VOTED DISAPPROVED: Attest: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Dated: \\ \ \ III II 1 J 11/1// ,\\ C~.Il III \\,'\, "-\ 01 .E/TfD 11111 .,,~ ~// :f () Of\?O.ll'--1 ~ '1.; ~S ... -"..0 <t'A / '~ V ~ ,tJ4'ff ~ SEAL By:df~'4 ~It).. City Clerk ' Z:\ Work\M\Meridian\Meridian I 5360MlMalJane Professional Offices CUP-03-068\FfClsCUP03-068.do: "t 7G ; -:::. ~& Qv "\ 0'::- .o;.~") 03.,. 1S\ ' . '\\:: " ~ '~-'J ~. ,~ ,>, n \'O~. " '(. '-n~ l"n-'( ~ ",,- ~'~i,...\..>,-rl;'-I '.\\\\.\ 'I'q, ... ~jd\'\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR OFFICE AND COMMERCIAL USES IN THE C-G ZONE, LOCATED NEAR THE INTERSECTION OF FAIRVIEW A VENUE AND HICKORY WAY, JUST EAST OF THE LOUIE'S REST AURANT SITE, MERIDIAN, IDAHO THOMAS R. WILLIAMS, APPLICANT C/C 03/02/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-068 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on March 2,2004, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use pennit for office and commercial uses in the C-G zone, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGEIOF8 2, All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 3. All subdivision improvements, including landscaping and the wall, must have an active bond prior to release of building permits for the project; and all said improvements must be complete prior to occupancy of the structure. 4. The project shall maintain cross-access across the property, in confonnance with the recorded cross-access agreement, instrument number 102056607. 5. The following modifications are required to the landscape plan. · Modify the street buffer landscaping along Hickory Way to reflect the landscaping approved with the final plat. · Add trees in all landscape planters in conformance with the Landscape Ordinance. · Landscape the future development area with at least grass or other vegetative groundcover. The grass will not be required in the future development area if a tenant for the future development has been secured prior to occupancy of the currently proposed structure. 6. The future expansion is approved with the layout shown on the revised plan dated 1/29/04. Elevations of the future expansion shall be similar to the elevations and materials provided for the first phase of the building, and will be subject to design review by P&Z staff. Any major change shall require a separate CUP process. 7. Curbs shall be added along the south side of the parking lot and continue south along the drive aisle, connecting to the existing curb and then continuing east out to Hickory Way. A temporary extruded curb will be allowed in these areas until a tenant has been secured for this future development area. and therefore prior to occupancy of the currently proposed structure. the applicant shall either provide the temporary curb or provide documentation between the applicant and the tenant that they have secured a tenant. If no tenant is secured. then the applicant shall 2Tass and maintain the area until a tenant is secured. (Per City Council action at their March 2. 2004 meetint!.) The sidewalk that ends at the north edge of the parking area shall be continued north to connect with the sidewalk along Hickory Way. 8. Sanitary sewer and water service shall be from main lines being installed on the property. 9. 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 ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGE 2 OF8 properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 10. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate permits. 11. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. A Certificate of Zoning Compliance (CZC) for the project shall be required prior to application for building permits. 13. 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 Enviromnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 14. 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. 15. Incorporate the two Special Recommendations in the ACHD staff report, page 5, as conditions of approval on this application. B. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: 1. Add an approach to the trash enclosure that will allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosure per the standard recommendations ofSSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGE 3 OF8 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a.Fire Hydrants shall have the 4 W' 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. 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 an approved turn around. 4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Conunercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. D. Adopt the Recommendations of ACHD as follows: ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGE 4 OF 8 1. Comply with the conditions of approval for MPPOO-021/MRZOO-007 (Mallane Commercial Complex). Special Recommendations to the City of Meridian: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an arumal report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. E. Adopt the Recommendations of Central District Health Department as follows: 1. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their March 2,2004 meeting as follows: For Clarification: 1. The applicant has modified the trash enclosure by providing a lane for the garbage trucks, as well as adding landscape islands which will have trees in each of the islands. 2. For the first phase of development, the appropriate amount of parking has been provided for. When the future development is completed all remaining parking, paths, sidewalks and curbing shall be constructed. 3. The site runoff has temporarily been provided for and in the future, upon build-out of the property, the applicant's civil engineer shall provide for a permanent on-site location for said runoff. 4. The applicant shall construct the appropriate number of parking stalls, which shall ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGES OF8 be 25 parking stalls with 19 foot lanes. 5. Pertaining to the Staff Report under Special Considerations number 2. and especially relating to the bond for the landscaping being expired, the applicant shall either renew the bond or have the subdivision improvements completed prior to issuance of a building permit. All other Special Considerations under number 2. Landscaping ofthe Staff Report shall remain in their entirety. 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 pennit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or buiLding construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGE60F8 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 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 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. ORDER CONDITIONAL VSEPERMIT (CUP-03-068) PAGE70F8 By action of the City Council at its regular meeting held on the 6 -1'.6 day of ~;2 ,2004. BY:c/I~.p~~ City Clerk Attest: Dated: 4-- 7.- fJ 1- Z:\Work\M\Meridian\Meridian 15360l\1lMallane Professional Offices CUP-03-068\OrderCUP.doc ~ ;; ': "'" ~ %."?; "Q~ ,Qi if ~ ~ .,. lS\ . ..p $ ~ ~, ~' " ;,;.......h(\OU"rrv i) \'-,:,....... r'" ", p J . \\\\ "lltJllllln\\\ ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGE 8 OF8 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Capital Development AZ 03-035 April 6, 2004 ITEM NO, &; . K REQUEST Findings -- Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zones for proposed Settlement Bridge Subdivision -- 2205 East McMillan 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 -riP rrlf bOJJL~~()N Date: If-S:1lLf_ (yrr: :5"77-3131 Staff Initials: .1J / lI'r/. MaterIals presented at public meetings shall become property of the CIty ..Of M rrdran. V Contacted: Emailed: APR 0 1 2004 Citv Of IVlericliall . ,I CIty Clerk Office WHITE PETERSON ATTORNEYS AT LAw KEVIN DINIUS JUtlE ){tEIN FISCHER CHRISTOPH ER D. GABBERT WM. F. GIGRAY, III T. GUY HALl.A1>1 H JILtS. HOUNKA JOHN R. KORMANIK" WltUAM A. MORROW WltUAM F. NICHOLS H CANYON PARKATTHE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHERS. NYE PH IUP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE ... . Also admitted in CA .. Also admitted in OR n. Also admitted in WA March 29, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: CAPITAL DEVELOPMENT, INC. / ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT / ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-035 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 9,2004, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner( s) and/or developer( s) signatures. After the Counci I meeting, if Council approves the Findings of Fact 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 Findings of Fact and Conclusions of Law and Decision and Order Granting 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. m. . Z:\ W ork\M\Mcridian\Mcrid ian 153 60M\Scttlcmcnt Bridge Sub AZ-03 -03 5 PP-03 -041 CU P-03-065\FFCL 0 BV AGMT ORD Clerk Ltr 03 29 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 02/24/04 C/C 03/09/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 70.64 ACRES ) FOR PROPOSED SETTLEMENT ) BRIDGE FROM RUT TO R-8, ) LOCATED ON THE EAST SIDE OF ) LOCUST GROVE, AND ON THE ) SOUTH SIDE OF McMILLAN ) ROAD, IN SECTION 32, ) TOWNSHIP 4 NORTH, RANGE 1 ) EAST, MERIDIAN, IDAHO ) ) CAPITAL DEVELOPMENT, ) APPLICANT ) ) Case No. AZ-03-035 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 24,2004 and continued until March 9, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Dave Yorgason, and Gerald Clark, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03-035) PAGE 1 OF 30 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 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 70.64 acres in size and is located on the east side of Locust Grove Road, and on the south side of McMillan Road, in Section 32, Township 4 North, Range 1 East, Meridian, Idaho, all within the Area of Impact ofthe City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are The John and Jeatll1e Tolk Trust, and they have submitted notarized consent for the subject application, and Capital Development, Inc. Applicant is Capital Development, Inc. 5. The property is presently zoned RUT (Ada County), and is currently vacant. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 7. The subject property is bordered to the north by Idaho Power Substation, currently zoned RUT (Ada County)/Edinburgh Place Subdivision (across McMillan Road), zoned R-4 (Ada County), to the south by Heritage Subdivision, zoned Rl (Ada County), to the east by Rural FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 2 OF 30 ( Residential/Agricultural, zoned RUT (Ada County), and to the west by Havasu Creek Subdivision, zoned R-4. 8. The Applicant proposes to develop the subject property in the following manner: A residential subdivision with 266 buildable lots and 34 common lots. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The North Slough bisects the subject property and is a feature that will need to be protected. 11. The City Council recognizes the letter of concern from Darrell W. Brock dated February 3, 2004. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Existing Wells & Septic: Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7 -517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 2. Development Agreement: A Development Agreement (DA) shall be entered into between the City of Meridian and the Applicant as part of the Annexation/Zoning application. The DA shall outline any special conditions placed upon the Preliminary Plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE3 OF 30 and Conditional Use applications. 3. The subject property lies within Meridian's Urban Services Planning Area. 4. The Public Works Department has determined that an additional water supply well is needed in this vicinity. The developer shaH negotiate with the City of Meridian for the acquisition of a parcel for a new municipal well within this site. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. OR Dedicate 38-feet of right-of-way from the centerline of McMillan Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a 5-foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41-feet from the centerline of McMillan Road. OR Construct a 5- foot concrete sidewalk on McMillan Road located a minimum of 41- feet from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE4 OF 30 the centerline of McMillan Road. If the sidewalk should meander outside of the right-of- way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of28-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 Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,OOO-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north ofthe south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03-035) PAGE 5 OF 30 ( 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approvaL 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE6 OF 30 Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10-feet at the intersection of Locust Grove Road. (The island should be approximately 10- feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4- feet wide to total a minimum of a 1 DO-square foot area. 19. Construct a left-turn lane on McMillan Road at the intersection of S hum ann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct a left-turn bay on Schumann Avenue at the intersection ofShumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE? OF 30 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, 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 ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 8 OF 30 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 8. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 6 4,5,6, 7, 8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. 11. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to limited parking. 12. Parking shall be limited to one side on all 29' wide street sections. D. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 9 OF 30 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. E. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. 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 North Slough (Settlers Canal). 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 any 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 10 OF 30 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or whoever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. G. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standards. H. Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9,2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 4. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Construction of an additional well in the high-pressure zone. 2. Routing water supply from the low-pressure zone to the high-pressure zone by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 11 OF 30 pipeline and pressure-reducing valve station(s). The City would maintain control of the design, plans, and construction of the improvements. If other projects in the high-pressure zone north of Us tick Road benefit from this method and if Capital Development reimburses the City for this expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. 13. In Chapter VII of the Comprehensive Plan "medium density" is defined as areas including single-family homes at densities of three to eight dwelling units per acre. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and. the Future Land Use Map, which designates the land to be "Medium Density Residential". 14. Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat proposing single-family lots on the subject site (Settlement Bridge Subdivision, PP- 03-041). It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the proposed single-family development would be allowed within the requested R-8 zone, as it is accompanied with a Conditional Use Permit for a Planned Development. 16. It is found that the land to the north, south, and west have been developed in a manner similar to the proposed subdivision, with single-family dwelling units. Edinburgh Place Subdivision #1 to the north has a gross density of3.1 dwelling units per acre. Heritage Subdivision to the south has a density of approximately 1 dwelling unit per acre. Havasu Creek Subdivision to the west has a gross density of 3.5 dwelling units per acre. However, there have been no recent street improvements in the area. This section of McMillan Road is in ACHD's Capital Improvements Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 12 OF 30 (CIP) for road widening in 2015. Locust Grove Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Other urban services, such as sewer and water, are near to this site and the applicant should be able to extend such services to the site. It is also found that the subject site is proposed for development in a fashion similar to other properties in the area. 17. It is found that the proposed R -8 zoning and subsequent residential use proposed with the concurrent preliminary plat match the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. It is also found that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. It is found that the proposed zoning/uses will adversely change the essential character of the area. 18. Due to other existing and proposed uses near the site, it is not anticipated that the proposed zoning/uses will be hazardous or disturbing to future or existing neighbors in the area. 19. The Meridian Fire Department submitted a list 0 f conditions and needs, and said list is addressed above in 12.C. Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within the subdivision for a new well. The developer has indicated to staff that it may be possible to locate the well within the "Grove" common area. The developer and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 13 OF 30 staff from the Public Works Department are continuing to work on the location of the well site. This project went before ACHD's consent agenda on January 28,2004, and ACHD, with site-specific and standard conditions, approved the subject development. Review of the ACHD report concerning this subdivision will provide further information. 20. The developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. According to the Traffic Impact Study (TIS) prepared by Dobie Engineering, Inc., the proposed project is anticipated to generate 2,490 vehicle trips per day. It is recognized that traffic and noise will increase with the approval of this subdivision; however, it is not believed that the amount generated will be detrimental to the general welfare ofthe public. It is not anticipated that the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare or odors. It is found that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area. 22. The applicant is proposing to construct one public street entrance into the site from Locust Grove Road, and one public street entrance into the site from McMillan Road. If the two proposed vehicular approaches are approved by ACHD, it is not believed that the subdivision will create interference with traffic on the surrounding public streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 14 OF 30 23. It is found that there are some existing trees and other mature landscaping near the existing farm house (near McMillan Road) that should be retained and protected. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance MCC 12- 13-13. There will need to be an adopted plan ofhow to protect the "grove" trees during demolition of the farm house and new construction near the grove. There should be tree protection zones established and fenced before demolition begins. The applicant shall work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. It is further recommended that the applicant verifY the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. The applicant is proposing to relocate and leave the North Slough open abutting the site. It is believed that the North Slough is a scenic feature that should be protected. It is found that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the majority of the grove area is adequately protected and the North Slough is relocated in a manner that does not negatively impact its beauty. There is no awareness of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with residential uses. 24. It is found that the annexation and zoning of this property to R-8 would be in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 15 OF 30 economic welfare ofthe City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 27. Currently, there is an inadequate water supply for the proposed project. 28. A well site in Westborough Subdivision, Y<;-mile south of Chin den on the west side of Locust Grove has been secured, and development of the well has begun. If the well proves acceptable, both as to quality and quantity of water, the well will satisfY the water demands for this project. 29. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Construction of an additional well in the high-pressure zone. 2. Routing water supply from the low-pressure zone to the high-pressure zone by pipeline and pressure-reducing valve station(s). The City would maintain control of the design, plans, and construction of the improvements. If other projects in the high-pressure zone north of Us tick Road benefit from this method and if Capital Development reimburses the City for this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 16 OF 30 expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. 30. The developer has agreed to reimburse the City for the cost of option #2 hereinabove, if this option is selected by the City. 31. Imposing a non-build agreement upon the development will provide the security to the City until such time as the water is available, and the non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies :within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 17 OF 30 Chapter VI, Goal III, Objective A, Action 3; and Chapter VII, Goal V, Objective A, Action 4. 5. The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance at ~ 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose ofthe R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan ofthe City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofldaho 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 ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 18 OF 30 1. The applicant's request for annexation and zoning of approximately 70.64 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 70.64 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Existing Wells & Septic: Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7 -517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 2. Development Agreement: A Development Agreement (DA) shall be entered into between the City of Meridian and the Applicant as part of the Annexation/Zoning application. The DA shall outline any special conditions placed upon the Preliminary Plat and Conditional Use applications. 3. The subject property lies within Meridian's Urban Services Planning Area. 4. The Public Works Department has determined that an additional water supply well is needed in this vicinity. The developer shall negotiate with the City of Meridian for the acquisition of a parcel for a new municipal well within this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 19 OF 30 ( B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), iffunds are available. OR Dedicate 38-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a 5- foot concrete sidewalk ifthe pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41- feet from the centerline of McMillan Road. OR Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of 41-feet from the centerline of McMillan Road. If the sidewalk should meander outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 20 OF 30 sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,000-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet of right-of-way. 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 21 OF 30 Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10-feet at the intersection of Locust Grove Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4- feet wide to total a minimum of a 1 DO-square foot area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03~035) PAGE 22 OF 30 19. Construct a left-turn lane on McMillan Road at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct a left-turn bay on Schumann Avenue at the intersection ofShumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofldaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 23 OF 30 ( 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, 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 ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 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. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE24 OF 30 8. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 6 4, 5, 6, 7, 8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. 11. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to limited parking. 12. Parking shall be limited to one side on all 29' wide street sections. D. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. E. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 25 OF 30 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-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. 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 North Slough (Settlers Canal). 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 any 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. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or whoever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. G. Adopt the Recommendations ofthe Meridian Parks Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE26 OF 30 1. Construct pathway (Meridian Loop) according to current published pathway standards. H. Adopt the action of the City Council taken at their March 9,2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9,2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. 4. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Construction of an additional well in the high-pressure zone. 2. Routing water supply from the low-pressure zone to the high-pressure zone by pipeline and pressure-reducing valve station(s). The City would maintain control of the design, plans, and construction of the improvements. If other projects in the high-pressure zone north of Ustick Road benefit from this method and if Capital Development reimburses the City for this expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 27 OF 30 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 subj ect of the application to (R-8) Medium Density Residential District, and Meridian City Code ~ 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person 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 6..ft.. - day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 28 OF 30 !lfr/z , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED fIe4- COUNCILMAN CHARLIE ROUNTREE VOTED$<<-- COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 4--G-tJ4- ....-- VOTED MOTION: APPROVED:+ DISAPPROVED: Attest: Dated: By:~k~,C) City Clerk .. - SEAL ~ ~ C(,~ FINDINGS OF FACT AND CONCLUSIONS OF LAW '% ~ v.s.;o- 181. ",Q5 j;J./ AND DECISION AND ORDER GRANTING APPLICA TION ~<'jo CbJ; . ~~ .......,::: FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDlViF~J~NN ~\\\\\'\\\ (AZ-03-035) 1 /11 nun PAGE 29 OF 30 ~ Z:\Work\M\Meridian\Meridian 1 5360M\SettIernent Bridge Sub AZ-03-035 PP-03-041 CUP-03-065\AZFfCl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 30 OF 30 April 1, 2004 MERIDIAN CITY COUNCIL MEETING PP 03-041 April 6, 2004 APPLICANT Capital Development ITEM NO. 19'" !-- REQUEST Findings - Request for Preliminary Plat approval of 266 single-family residential bldg lots and 34 common lots on 70.64 acres in a proposed R-8 zone for proposed Settlement Bridge Subdivision - 2205 East McMillan 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 SERVlCE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~OJJ~ /~l.[U (j.Mi'J Emailed: 11 0' See attached Findings Q'\,Y (jJtf Date: fj ~-(fLf Staff Initials: Phone: 3' 7 7 - :it:{ 31 Materials presented at public meetings shall become property of the City of Meridian. o 1 2004 interoffice MEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Settlement Bridge Subdivision File: PP-03-041 Date: March 29,2004 Will: Please find attached the original ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMJNARY PLAT, pursuant to action of the Council at their March 9,2004 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 Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M:\M:eridian\M:eridian 15360M'8ettlemenl Bridge Sub AZ-03-D35 PP-D3-D41 CUP-03-065\BergPrePlatMEMO 03 29 04.da: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/24/04 C/C 03/09/04 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SETTLEMENT BRIDGE ) SUBDIVISION FOR 266 ) BUILDABLE LOTS AND 34 ) COMMON/OTHER LOTS ON 70.64 ) ACRES IN AN R-8 ZONE, ) LOCA TED ON THE EAST SIDE OF ) LOCUST GROVE ROAD, AND ON ) THE SOUTH SIDE OF McMILLAN ) ROAD, IN SECTION 32, ) TOWNSHIP 4 NORTH, RANGE 1 ) EAST, MERIDIAN, IDAHO ) ) BY: CAWTALDEVELOPMENT, ) INC., APPLICANT ) ) Case No. PP-03-041 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 February 24,2004 and continued until March 9, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Pubic Works Department, Dave Y orgason, and Gerald Clark, appeared and testified, and the City Council having received a report from Craig Hood for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-041) 1 of 24 applicant having submitted the preliminary plat "SETTLEMENT BRIDGE SUBDIVISION, PRELIMINARY PLAT FEBRUARY 2004, JOB NO. 03-015-01, SHEET NO.1, LOCATED IN THE NWl/4 OF SECTION 32, TAN., R.1E., B.M., ADA COUNTY, J:\SETTLEMENT BRIDGE SUB PREPLAT 0301501\Drawings\MCMILLAN LOCUST - - - - --.- PREPLATRV.dwg 2/6/2004, REVISED PER MERIDIAN P&Z AND ACHD COMMENTS BDG 1/21/04, HANDWRITTEN DATE: 2-6-2004, STAMPED: RECEIVED FEB -9 2004 CITY OF MERIDIAN CITY CLERK OFFICE, JOHN & JEANNE D. TOLK & LYNNE SASSO TOLK - OWNERS OF RECORD, CAPITAL DEVELOPMENT - DEVELOPER, WARDLE & ASSOCIATES - PLANNER/CONTACT", Capital Development, Inc., 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 ofthe fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM.INAR Y PLAT SETTLEMENT BRIDGE SUBDIVISION I (pP-03-041) 2 of 24 2. In Chapter VII of the Comprehensive Plan, "medium density" is defined as areas including single-family homes at densities ofthree to eight dwelling units per acre. It is found that the proposed single-family residential subdivision, with a gross density of3.7 dwelling units per acre (net 4.9 dwelling units per acre), is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential". The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. The proposed subdivision meets goals of the Comprehensive Plan through the following: 3 tot lot/activity areas that are linked by a linear open space system, over 7 acres of open space (over 10%), and the construction of a portion ofthe "Meridian Loop" pathway system abutting the North Slough. Further, the applicant is proposing to preserve a portion of the landscaping, or grove area, surrounding the existing farm house. 3. It is determined that Urban Services can be made available to accommodate the proposed development, with the exception of the water supply. The Meridian Fire Department submitted a list of conditions and needs, and which list is addressed in the conditions under 2.D. hereinbelow. Additionally, water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with the developer for a site within the subdivision for a new well. The developer has indicated to staff that it may be possible to locate the well within the "Grove" common area. The developer and staff from the Public Works Department continue to work on locating the well FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION I (pP-03-041) 3 of 24 site. The ACHD staff recommends, with site-specific and standard conditions, approval of the subject development. Review of the ACHD report for this project will provide additional information. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program if a municipal well site can be acquired. The Capital Improvement Plan indicates that a well be located within this area. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. The City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. ACHD considers road safety issues in their analysis; no hazardous natural features have been identified on the site. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat "SETTLEMENT BRIDGE SUBDIVISION, PRELIMINARY PLAT FEBRUARY 2004, JOB NO. 03-015-01, SHEET NO.1, LOCATED IN THE NWl/4 OF SECTION 32, TAN., R.IE., B.M., ADA COUNTY, J :\SETTLEMENT _BRIDGE_SUB _PREPLA T _0301501 \Drawings\MCMILLAN ..,;LOCUST_ PREPLATRV.dwg 2/6/2004, REVISED PER MERIDIAN P&Z AND ACHD COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-041) 4 of 24 BDG 1/21/04, HANDWRITTEN DATE: 2-6-2004, STAMPED: RECEIVED FEB -92004 CITY OF MERIDIAN CITY CLERK OFFICE, JOHN & JEANNE D. TOLK & LYNNE SASSO TOLK - OWNERS OF RECORD, CAPITAL DEVELOPMENT - DEVELOPER, WARDLE & ASSOCIATES - PLANNER/CONTACT". 8. The North Slough bisects the subject property and is a feature that will need to be protected. 9. The City Council recognizes the letter of concern from Darrell W. Brock dated February 3, 2004. 10. Currently, there is an inadequate water supply for the proposed project. 11. A well site in Westborough Subdivision, XI-mile south of Chinden on the west side of Locust Grove has been secured, and development of the well has begun. Ifthe well proves acceptable, both as to quality and quantity of water, the well will satisfY the water demands for this project. 12. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: I. Construction of an additional well in the high-pressure zone. 2. Routing water supply from the low-pressure zone to the high-pressure zone by pipeline and pressure-reducing valve station(s). The City would maintain control ofthe design, plans, and construction of the improvements. If other projects in the high-pressure zone north of Ustick Road benefit from this method and if Capital Development reimburses the City for this expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION I (pP-03-041) 5 of 24 reimbursement must be paid prior to signature on the final plat. 13. The developer has agreed to reimburse the City for the cost of option #2 hereinabove, ifthis option is selected by the City. 14. Imposing a non-build agreement upon the development will provide the security to the City until such time as the water is available, and the non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Pact 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 preliminary plat "SETTLEMENT BRIDGE SUBDNISION, PRELIMINARY PLAT FEBRUARY 2004, JOB NO. 03-015-01, SHEET NO.1, LOCATED IN THE NW1/4 OF SECTION 32, TAN., R.lE., B.M., ADA COUNTY, J:\SETTLEMENT BRIDGE SUB PREPLAT 030150l\Drawings\MCMILLAN LOCUST - - - - -- PREPLATRV.dwg 2/6/2004, REVISED PER MERIDIAN P&Z AND ACHD COMMENTS BDG 1/21/04, HANDWRITTEN DATE: 2-6-2004, STAMPED: RECEIVED FEB -92004 CITY OF MERIDIAN CITY CLERK OFFICE, JOHN & JEANNE D. TOLK & LYNNE SASSO TOLK - OWNERS OF RECORD, CAP IT AL DEVELOPMENT - DEVELOPER, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDNISION I (pP-03-041) 60f24 WARDLE & ASSOCIATES - PLANNER/CONTACT", Capital Development, Inc., 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. Add a sentence to Site Specific Condition #4 on page 15 stating that along Locust Grove Road, the portion with frontage on the road, the applicant shall construct landscaping with sidewalk. For the portion where a section is actually owned by Idaho Power, they will construct a portion ofthe landscape buffer without the sidewalk. 2. Delete the last sentence of Site Specific Condition #5 on page 15, and add a sentence to the end ofthe condition that reads: "Similar treatment shall be given to the lots around the northwest comer of Stampede Avenue when the two sections of Stampede are connected as required." 3. Modify Site Specific Condition #12 to include the following sentence at the end ofthe second bullet item: "If an agreement cannot be reached with SID, then an alternative method of compliance can be approved at staff level with Meridian City P & Z staff." 4. Modify Site Specific Condition #14 to read: "If any buildable lots are located within the Settlers Irrigation District Easement, the applicant shall be required to submit a copy of an encroachment agreement prior to the City Engineer signature on the final plat." 5. Add a sentence to end of Site Specific Condition #15 stating: "The Applicant may apply to the City Council for offset of these fees against a mWlicipal well site in The Grove." 6. ModifY Site Specific Condition #16 to read: "Sanitary sewer service to this subdivision shall be via a main trunk extension to the existing temporary sewage lift station in the Vienna Woods Subdivision. The Applicant will be responsible to construct the sewer and water mains within this proposed development. 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDNISION / (pP-03-041) 7 of 24 7. ModifY Site Specific Condition #17 to read: "Municipal water to this site shall be via extensions from existing mains in N. Locust Grove and E. McMillan Road. The Applicant will be responsible to construct the sewer and water mains within this proposed development. 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. 8. Modify Site Specific Condition #18 so that the first sentence reads: "A detailed fencing plan shall be submitted ten days prior to the next healing, identitying the material to be used." 9. ModifY the second sentence of Site Specific Condition #18 to delete the word "solid". 10. Modify Site Specific Condition #21 by deleting "(shown as Phase 3 on the preliminary plat)". 11. Add Site Specific Condition #24 that says: "Any cul-de-sac without a turnaround shall be changed to a private street in accordance with Meridian codes." 12. Add Site Specific Condition #25 that says: "Until such time as additional water supply can be supplied in the vicinity, the city will not sign Final Plat for any phase of this development." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC COMMENTS-PRELIMINARY PLAT 1. All conditions of the accompanying Annexation/Zoning (AZ-03-035) and Conditional Use Permit (CUP-03-065) application shall also be considered conditions of the Preliminary Plat (PP-03-041). 2. Construct a 40-foot wide landscape buffer/common lot along McMillan Road, west of Schumann Avenue. The Applicant shall plant shrubs within the portion of the required street buffer on McMillan Road that also has an irrigation easement (south of the North Slough). Any future right-of way shall be located on a separate common lot. Within the 40-foot wide landscape buffer/common lot, the Applicant shall be allowed to include the North Slough and a 1 O-foot wide multi-use pathway, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION I (pP-03-041) 80f24 in lieu of a concrete sidewalk, as proposed. Coordinate the design of the western terminus of the multi-use pathway with the developer of Sheridan Place Subdivision, who is expected to construct a pedestrian path adjacent to the Idaho Power substation site. 3. Revise the submitted preliminary plat to show a minimum 35-foot wide landscape buffer/common lot, east of Schumann Avenue. In the buffer area east of Schumann A venue the Applicant shall be allowed to construct the sidewalk, with the remaining 30 feet of the landscape buffer being constructed in accordance with MCC 12-13- 10-6. Any future right-of way shall be located on a separate common lot. 4. Construct a minimum 25-foot wide landscape buffer/common lot along Locust Grove Road (proposed as 35~feet wide). Said landscape buffer shall be located beyond any future street right-of-way, as proposed. Construct the landscape buffer on Locust Grove Road, north of Trinity Springs Drive as shown on the submitted landscape plan. Along Locust Grove Road, the portion with frontage on the road, the applicant shall construct landscaping with sidewalk. For the portion where a section is actually owned by Idaho Power, they will construct a portion of the landscape buffer without the sidewalk. 5. Lots 53 and 54, Block 1, and Lots 34 and 35, Block 2, shall utilize common driveways. Per MCC 11-9-1, frontage for Lots 53 and 54, Block 1, and Lots 34 and 35, Block 2, may be reduced to 15 feet (minimum). Said common dri'/oway shall be constructed a minimum of 16 feet wide, '.....1th gravol and asphaltic concrete paving as outlined in Meridian City Code 12 i Ii. Similar treatment shall be given to the lots around the northwest comer of Stampede Avenue when the two sections of Stampede aTe connected as required. 6. In accordance with Meridian City Code 12-4-2.E, the Applicant shall align the unnamed cul-de-sac roadway in Block 3 with Mendelson Avenue or Aberdeen Place. 7. Construct Trinity Springs Street as a stub street to the parcel to the east (Parcel No. S0532131214) as proposed. 8. With the submittal ofthe final plat application, the Applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 9. Connect Territory Court and Stampede Place to each other, to form a connected FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETILEMENT BRIDGE SUBDIVISION I (pP-03-041) 90f24 street system. 10. A note should be placed on the face of the final plates) stating the purpose of the proposed typical landscape easements (near street intersections), and who is responsible for the maintenance of said easements. 11. There shall be an adopted plan of how to protect the grove trees during demolition of the farm house and new construction near the grove, including Swift Water Drive and the park Lot 7, Block 3. There shall be tree protection zones established and fenced before demolition begins. The Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection plan for the grove trees prior to submitting a final plat for the area in Phase 5. 12. The submitted landscape plan prepared by The Land Group, Inc., and dated 1-11-03 shall be modified to reflect the following: . Street buffers along McMillan Road shall be modified in accordance with Site Specific Conditions #2 and #3 above. . ModifY Lot 51, Block 2, to include shrubs and/or other approved vegetative materials within the 40-foot wide common lot for the North Slough/street buffer. Coordinate plant materials with Settlers Irrigation District (SID). A license agreement may be required with SID for landscape materials within their easement. If an agreement cannot be reached with SID, then an alternative method of compliance can be approved at staff level with Meridian City P & Z staff. . Modify the plan to show a 10-foot wide gravel shoulder along McMillan Road (MCC 12-13-10-9). The remainder of the unimproved right-of-way shall be landscaped with grass/sod, as proposed. A license agreement from ACHD for landscaping within the right-of-way will be required. . Add two (2) trees to the street buffer along Locust Grove Road (14 trees total required, 12 shown), south of Trinity Springs Drive. Said trees shall be included in the publication titled Tree Selection Guide for Streets and Landscape Throughout Idaho (M CC 12-13 - 7-1). . Remove the proposed 5-foot vinyl fence where the clear vision triangle should be at the intersection of Locust Grove Road and Trinity Springs Drive. . 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 are removed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-041) 10 of 24 . All micropaths/pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12- 4-3 "Pedestrian Walkways." Micropath fencing shall be shown per MCC 12- 13-15-9. Submit 10 copies of a revised landscape plan, depicting the above-mentioned changes, to the City Clerk. 13. Except for the North Slough (aka Settlers Canal), aU irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 14. Prior to submittal of 0. final plat, submit a copy of an cncroachmont agreement ','/ith Scttlers Irrigation District for the portion ofthe buildablc lots in Block 2 that encroach into the North Slough easement. If any buildable lots are located within the Settlers Irrigation District Easement, the applicant shall be required to submit a copy of an encroachment agreement prior to the City Engineer signature on the final plat. 15. The Applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Settlement Bridge HOA. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approval. The Applicant may apply to the City Council for offset of these fees against a municipal well site in The Grove. 16. Sanitary sewer service to this subdivision shall be via a main trunk extension to the existing temporary sewage lift station in the Vienna Woods Subdivision. The Applicant will be responsible to construct the sewer and water mains to and through within this proposed development, thereby making thcm available to adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION I (pP-03-041) 11 of 24 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. 17. Municipal water to this site shall be via extensions from existing mains in N. Locust Grove and E. McMillan Road. The Applicant will be responsible to construct the sewer and water mains to and through within 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. 18. A detailed fencing plan shaH be submitt-cd upon application of the final plat (MCC 12 1 10.F.3). A detailed fencing plan shall be submitted identifying the material to be used. A 6- foot seOO fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. All fencing shall be installed in accordance with MCC 12~4-10. 19. Revise plat note #10 to include the proposed minimum house sizes for the attached dwelling units. Dwelling units on the attached lots shall be a minimum of 1,200 feet, exclusive of the garage, as proposed. 20. Maintenance of all common areas shall be the responsibility of the Settlement Bridge HOA. 21. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the North Slough pedestrian pathway prior to the final plat being recorded/first building permit being issued for the applicable phase (shovm as Phase 3 on th-e preliminary plat). 22. Direct lot access to McMillan Road and Locust Grove Road is prohibited unless approved by ACHD and the City of Meridian. A note shall be placed on the final plat restricting access to McMillan Road and Locust Grove Road. 23. Submit 10 copies of a revised preliminary plat that depicts the above-mentioned changes to the City Clerk. 24. Any cul-de-sac without a turnaround shall be changed to a private street in accordance with Meridian codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-041) 120f24 25. Until such time as additional water supply can be supplied in the vicinity, the city will not sign Final Plat for any phase ofthis development. (See action ofthe Council from their March 9,2004 meeting in hereinbelow.) GENERAL REQUIREMENTS-PRELIMINARY PLAT I. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. Prior to signature of the [mal plates) by the City Engineer, 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. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat(s) application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5- 3). 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividers expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 6. 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 of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field 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 a minimum of 3-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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDNISION / (pP-03-041) 13 of 24 7. Developer shall coordinate mailbox locations with the Meridian Post Office. 8. 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. 9. 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. 10. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 11. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. OR Dedicate 38-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-04l) 14of24 owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), iffunds are available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a 5-foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41-feet from the centerline of McMillan Road. OR Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of 41-feet from the centerline of McMillan Road. If the sidewalk should meander outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumarm Avenue) to intersect McMillan Road approximately I,OOO-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREfI. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-041) 15 of 24 ( 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann A venue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalks on both sides ofthe roadway within 50-feet of right- of- way. 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of- way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4- feet wide to total a minimum of a 100-square foot area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-041) 16 of 24 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the isLand/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately 1 Q-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10-feet at the intersection of Locust Grove Road. (The island should be approximately la-feet in width at the throat ofthe street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4-feet wide to total a minimum of a 1 GO-square foot area. 19. Construct a left-turn lane on McMillan Road at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct a left-turn bay on Schumann Avenue at the intersection ofShumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETILEMENT BRIDGE SUBDNISION / (pP-03-041) 17 of 24 ( prohibited. Notes ofthis access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-041) 18 of 24 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 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. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal TOads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDNISION I (pP-03-041) 19 of 24 8. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38, 39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 64,5,6,7,8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. 11. Recommend connecting Territory & Stampede to prevent blocking of the roadway due to limited parking. 12. Parking shall be limited to one side on all 29' wide street sections. E. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. F. Adopt the Recommendations ofthe Central District Health Department as follows; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SEITLEMENT BRIDGE SUBDIVISION / (pP-03-041) 20 of 24 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-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. G. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. AU irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 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 any 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. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION I (pP-03-04l) 21 of 24 placed within SID's easements the district will require a license agreement from the developer and/or who ever shall have ownership ofthe pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. H. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standards. I. Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non- build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9,2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 4. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Construction of an additional well in the high-pressure zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-04l) 22 of 24 2. Routing water supply from the low-pressure zone to the high-pressure zone by pipeline and pressure-reducing valve station(s). The City would maintain control of the design, plans, and construction of the improvements. If other projects in the high-pressure zone north of Ustick Road benefit from this method and if Capital Development reimburses the City for this expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty~eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofth..e City Council at its regular meeting held on the day of ~ ,2004. 6~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION I (pP-03-04l) 23 of 24 ROLL CALL COUNCILMAN SHAUNW ARDLE VOTED~ VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED ~ COUNCILMAN KEITH BIRD VOTED~ - MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: ByJ;&-~~.9- City Clerk Dated; - - Z:\ Work\M\Meridian\Meridian I 5360M\Settlement Bridge Sub AZ-G3-035 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SETTLEMENT BRIDGE SUBDIVISION / (pP-03-041) 24 of 24 April 15, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 20, 2004 \& ITEM NO. REQUEST Public Hearing - Request to provide roll off services to the City of Meridian AGENCY COMMENTS CITY CLERK: See attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: o? ~. r ft{Wf. ,~ fuff11J. '. ~ () r . ~,vP '" I U\)1:JI V ' f IS See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Sanitary Services Co. To: Mayor Tammy de Weerd RECEIVED MAR 1 42004 MEMORANDUM Member of the Meridian City Council: Mr. Bill Nary, President Mr. Keith Bird Mr. Charlie Rountree Mr. Shaun Wardle City of Meridian Ci ty Clerk Office From: Sanitary Services, Inc. Subject: Request to Provide Expanded Roll Off Services to the City of Meridian Date: March 13, 2004 Sanitary Services is seeking City Council approval to provide additional roll off services within Meridian. Currently Sanitary Services offers 3, 20, 30, and 40 cubic yard containers for construction sites and residents who are doing small remodeling/construction projects. We are proposing to add roll off services with 6, 8, and 10 cubic yard boxes to bridge the gap in box sizes that we currently provide. For many residents the 3 cubic yard container is too small and the 20 cubic yard container is too large and difficult to load. The addition of 6 cubic yard, 8 cubic yard and 10 cubic yard roll off bins that can be transported on a trailer will provide the greatest variety of roll off services provided by any contractor in the valley giving the residents of Meridian the greatest number of choices to meet their needs. The complete rate structure is indicated below. Proposed rates are in bold: 3Yd Container 6 Yd Container 8 Yd Container 10 Yd Container 20 Yd Container 30 Yd Container 40 Y d Container Deliverv $17. 66 $17.66 $17.66 $17.66 $17.66 $17.66 $17.66 Cost/Dump $19.53 $45.00 + landfill $45.00 + landfill $45.00 + landfill $99.50 + landfill $99.50 + landfill $99.50 + landfill Rent ($/Mo.) $17.66 $40.50 $52.50 $58.50 $67.26 $82.21 $93.95 Rent ($/day) 0.66 1.35 1.75 1.95 2.35 2.94 3.20 Photographs of the various box sizes and how the containers are loaded and hauled are presented on the following pages. .4'11. P.O. Box 626, Meridian, ID 83680 fhone 208/888-3999 Fax 208/888-5052 'illiG' Printed on Recycled Paper. Six cubic yard container Eight cubic yard container en Cubic Yard Container 2 Photo sequence for loading container on the trailer. 3 Meridian City Pre-Council Meeting March 23, 2004 Page 2 of7 De Weerd: I would like if we could come in and ask (inaudible) to join us (inaudible). Nary: Okay. ROLL CALL: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye. Item 3. Executive Session per Idaho State Code 67-2345(1)(b): Nary: We can reconvene our Pre-Council meeting. I would accept a motion to leave Executive Session. Rountree: So moved. Bird: Second. Nary: Moved and seconded to leave Executive Session. All those in favor, say aye. No final decisions were made. ALL AYES. MOTION CARRIED. Item 4. Review of Computer Sumlus Resolution: Nary: Council, all we need to do is if it looks okay go ahead and let it go on the Agenda next week. If there is any objection - Bird: I have no objection. Rountree: No objection. Nary: So asked. (inaudible name given) if you could communicate that to Mr. Nichols to go ahead and put that on in two weeks on our regular agenda. Item 5. Request to provide expanded roll off services to the City of Meridian by Steve Sedlecek with sse: Nary: Expanded roll off services, Item No. 5 is only necessary for - again, any discussion, if any, Mr. Sedlecek was not able to be here this evening. It would need to be for a public hearing anyway. Unless Council has objection we can go ahead and have that scheduled within three or four weeks. Proper noticing has to be out. Bird: Let's go for it. Rountree: Let's get them done. ( Meridian City Pre-Council Meeting March 23, 2004 Page 3 of7 Nary: All right. So, no objection we will go ahead and move forward with that. Item 6. Discussion on Juvenile Accountability program through the Prosecution Contract with Boise City: Nary: The Juvenile Accountability program, they have been requested from the City of Boise for the Juvenile Accountability program - ies part of the prosecution contract. In this last year there was some amount that was contributed by the City. We didn't know the specific dollar amount, but they are reapplying for this grant and at least the information I had and I asked the Chief to look at that as well that the level of service for the City of Meridian is pretty low and it was a passed through grant, but also there was some match on the City's part. In the last fiscal year 36 juveniles received service through this program and I thought the amount that was contributed was $1,500. I don't know if it was more or less than that. That was the figure that I recalled and the juvenile coordinator couldn't recall the amount. For 36 kids in this program that seems not a real good value than what we are getting. Most of these programs - most of the juvenile accountability is being handled already by the Police Department. So, what was being asked by the coordinator for this program was whether or not we wish to participate in the grant again or not. Does Council have a preference as to what we would communicate back to them? If we are going to continue to do it, we are going to have to partially fund it and it appears that, I guess, as bottom line it's not really providing a tremendous amount of service to our youth. Most of our youth are getting these issues of juvenile crimes that can be dealt with already by the Police Department pretty extensively through the SRO's and the Police. Honestly, a lot of juvenile crime that gets committed by Meridian residents gets committed in Boise and gets dealt with by the program that's already in Boise. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Could we get a word from Chief Musser on that? Nary: Certainly. Chief, I didn't mean to speak for you. I was trying to hurry a little bit because we were running late. Musser: Mr. President, members of the Council in regards to this we had done some discussion. I made some contact as well with the Juvenile Accountability folks and verified the numbers that they had provided at an earlier time. Matter of fact it was in the first quarterly report, which is dated from October to December of 2003 that Roger Cockerille in the City Attorney's office over in Boise had presented to the Council that was seated during that time. This would have been prior to the January council that is currently in. Councilman Nary is absolutely right when he says we only had 36 total participants on that during April 15, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 20, 2004 ITEM NO. \5 REQUEST Report from Brad Watson on sewer feasibility north of Area of Impact 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: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: vtf/rJ-.; pYi- J 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 MEETING APPLICANT April 20, 2004 / \ ITEM NO. \LD REQUEST Resolution - Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit 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: ._~ ~ c- f/'fr ' ~ /# ~a) vf71 D '\~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. RECEIVE~D APR 1 9 2004 Interoffice Memorandum City Of Meridian City Clerk Office To: William G. Berg, If. (originals) Cc: Mayor Tammy de Weerd (via email) From: William F. Nichols RE: Resolution and Certificate of Clerk for Cashing of $500.00 Deposit for Tree Replacement Date: April 19, 2004 Please find attached the Resolution and Certificate of Clerk to allow the cashing of a $500.00 Deposit for the replacement of a tree to be located at 1409 North Main Street for the City of Meridian. This Resolution is now ready to be presented to the Mayor and City Council. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hal1\2004\Berg Memo for Res Cert Clk for Tree Replacement 04 19 04.doc ( RESOLUTION NO. 04- 4$/ BY: (!~'~ RtlU-nIr.eu A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAKING CERTAIN FINDINGS FOR APPROVAL TO PROCEED WIm A TREE REPLACEMENT AT 1409 NORTH MAIN STREET BY CASHING A $500.00 DEPOSIT BEING HELD SINCE JANUARY 1999. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the Mayor and Council have the authority [pursuant to I.C. S 50-302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian, pursuant to Idaho Code 63-1311(a), to cash a $500.00 Deposit, which has been held since January 1999, to proceed with the purchase and installation ofa replacement tree for 1409 N. Main Street; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1: APPROVAL TO CASH $500.00 DEPOSIT: The cashing of a $500.00 deposit, which has been held since January 1999, to purchase and install a replacement tree for 1409 N. Main Street, is hereby approved. SECTION 2: ~CTIVE DATE. This Resolution shall be in full force and effect on the 2-of~ day of /" L , 2004. j1., PASSED B~ COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20- day of i l , 2004. , RESOLUTION ADOPTING WORK FOR TREE REPLACEMENT PAGEIOF2 APPROVE~HE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of '2 , 2004. , eerd Attest: RESOLUTION ADOPTING WORK FOR TREE REPLACEMENT PAGE 2 OF 2 ;!of!::- 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 Cit~ I am the custodi~ of its records and minutes and do hereby certify that on the 20-1;:.. day of /!;:J-v'1 L ,2004, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN MAKING CERTAIN FINDINGS FOR APPROVAL TO PROCEED WITH A TREE REPLACEMENT AT 1409 NORTH MAIN STREET BY CASHING A $500.00 DEPOSIT BEING HELD SINCE JANUARY 1999. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the Mayor and Council have the authority [pursuant to I.C. S 50-302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian, pursuant to Idaho Code 63-1311 (a), to cash a $500.00 Deposit, which has been held since January 1999, to proceed with the purchase and installation of a replacement tree for 1409 N. Main Street; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1 : APPROVAL TO CASH $500.00 DEPOSIT: The cashing of a $500.00 deposit, which has been held since January 1999, to purchase and install a replacement tree for 1409 N. Main Street, is hereby approved. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN Page 1 of 1 SECTION 2: EFFECTIVE DATE. the 2011:-. day of /Jpr/L , 2004. This Resolution shall be in full force and effect on \\\\l1l11r1l/11/ -,\ M /111 \\\-~I Of [::"'"'" 1// " A. "\ '"-rl;.fl /" ,,\ ..., '\ ~~ ~.... .f v ~O'f\POt(.q >- .-,z,. ~ ~ "(.~ ........ ~ - ~ <) ~ - - - - .:::: - ss STATE OF IDAHO, ) County of Ada, ) On this :<O-fh day of AfTl'1 , in the year 2004, before me, a Notary Public, appeared WILLIAl\1 G. BERG, JR., known or identified to me to be the City Clerk, respectively, of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ,,~ .~ ~...~' I" .t.",...;.., ,...... ~'\.Cl.. 'J,t, ~.... ..... . \.- ..c <'/''A ~ .... ... "t- ." ... or J.. ~ .: ').. o. or.,- ~ (SEAL) ! l ",,0 lA/(r \ \ . ~ " r ....<<aD . * .... . ': ~.p ~ S N ary ubhc for Idaho \ u,...... (lB\..\! Ission Expires: 01//;;0/07 ~ .;. .. AO :' "7 / .... 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II" Z:\Work\M\Meridian\Meridian 153~esolutions City Hall\2004\Cert Clk Adopting Work for Tree Replacement 04 ] 9 04.dcc CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN Page 2 of2 April 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 13, 2004 ITEM NO. ;}o REQUEST Resolution - Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit 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: rvfb kl k, (l ~ 0 yYvfl (j Q) 'if .,yo IV, /o}( ~/VO Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. April 1 t 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. {y; AI Ai REQUEST Approval to cash $500.00 deposit for a street tree at 1409 N. Main Street 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 "y. ~f ..);;J,f gpIJ JiO'i' ,* vl (lJ,SJJ rJ-~ .'-- yv Jv ,I It vJ\ yvt (J \^ atU' ~v ~/fI lIT C~(J el' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. '\ ( Tara Green From: Sent: To: Subject: Jessica Johnson [johnsonj@meridiancity.org} Friday, April 02, 2004 9:08 AM Tara Green (E-mail) FW: April 6 Consent Item ~ Wolfe-tree.mem.do c Here's that consent Item from Brad I was just talking about -----Original Message----- From: Brad Hawkins-Clark [mailto:hawkinsb@meridiancity.org} Sent: Friday, April 02, 2004 8:57 AM To: 'Jessica Johnson' Subject: April 6 Consent Item Jessica, Here's the memo I sent over a couple weeks ago as a consent agenda item. The Clerk's Office got a hard copy with attachments. Can you please confirm it's on next week's agenda? Thanks, Brad 1 /-. \. Memo APR 0 2 2004 To: Mayor De Weerd & City Council From: Brad Hawkins-Clark CC: Reta Cunningham, Will Berg, Doug Strong Date: April 2, 2004 Re: Approval to Cash $500 Deposit for 1409 N. Main St. City Of rvleridiari Ci(v (:lcrk Office Per MCC 12-5-5, the City Council must approve the cashing of aU suretiesJbonds the city is holding for required public improvements. The P&Z and Parks Departments are requesting City Council approval to cash a $500 deposit which has been held since January 1999 for a street tree at 1409 N. Main Street. (Please see the attached letter for more background information.) I'm also attaching a copy of the written authorization staff obtained from Mr. Greye Wolfe to enter the subject property to plant the tree. The Parks Department has confirmed that a new tree can be purchased and installed for this amount Some community volunteer efforts may also be utilized to plant the tree. If approved by City Council, the work will commence within the next six to eight weeks. 1 Ll-J-): t'bNALTY 1'UK 1'AlLUKb TU CU.M.t'L.I:'..l.I:, CUl'l~l.KUl,;llUl'l: rage 1 or 1 12-5-5: PENAL TV FOR FAILURE TO COMPLETE CONSTRUCTION: In the event a subdivider and/or owner shall, in any ease, fail to complete the public improvements required as a condition of the final plat in the time period required, it shall be the responsibility of the council to proceed to have such work completed either by foreclosing its lien or, in the event financial guarantees have been required, to pursue the remedies provided by those financial guarantees. (Ord. 524, 4-3-1990) http://66.113.195.234/ID/Meridian/14005000000005000 .htm 4/2/2004 April 1. 2004 MERIDIAN CITY COUNCIL MEETING CUP 03-065 April 6. 2004 APPLICANT Capital Development ITEM NO. ( 0 .. M \ REQUEST Findings - Request for a Conditional Use Permit for a Planned Development to allow single-family residential arid attacheed single family in a proposed R-8 zone for proposed Settlemen Bridge Subdivision - 2205 East McMillan 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~ d1f Contacted: Emailed: or-::; Date: If 5"' -d1 Staff Initials: Phone: J' 77- .J? S1 Materials presented at public meetings shall become property of the City of Meridian. o 1 2004 interoffice MEMORANDUM City Of l'vleridian City Clerk Oftlce To: William G. Berg, Jr. From: William F. Nichols Subject: BY: CAPITAL DEVELOPMENT, We. FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SETTLEMENT BRIDGE SUBDNISION IN AN R-8 ZONE File No.: CUP-03-065 Date: March 30, 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 15360MISettlement Bridge Sub AZ-Q3-o35 PP-03-o41 CUP-03-o65\ClkLtrCUPffcIs&Order.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/24/04 C/C 03/09/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT ON 70.64 ACRES ) FOR SETTLEMENT BRIDGE ) SUBDIVISION IN AN R-8 ZONE, ) LOCATED ON THE EAST SIDE OF ) LOCUST GROVE ROAD, AND ON ) THE SOUTH SIDE OF McMILLAN ) ROAD, IN SECTION 32, ) TOWNSHIP 4 NORTH, RANGE 1 ) EAST, MERIDIAN, IDAHO ) ) CAPITAL DEVELOPMENT, INC., ) APPLICANT ) ) Case No. CUP-03-065 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 February 24,2004 and continued until March 9, 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, Brad Watson ofthe Public Works Department, Dave Y orgason, and Gerald Clark, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 30 Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 24, 2004 and continued until March 9, 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 February 24,2004 and continued until March 9, 2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\flT PAGE 2 OF 30 Council on this application. 4. The property is located on the east side of Locust Grove Road, and on the south side of McMillan Road, in Section 32, Township 4 North, Range 1 East, Meridian, Idaho. 5. The owners of record of the subject property are John and Jeanne D. Tolk, Co- Trustees of The John and Jeanne Tolk Trust, who have submitted their notarized consent for the subject application, and Capital Development, Inc.. 6. Applicant is Capital Development, Inc. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district ofR-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of266 buildable lots and 34 common lots, with reduced lot frontages, reduced lot sizes, a substandard cul-de-sac length, and a sidewalk variance along McMillan Road, on 70.64 acres in a proposed R-8 zone for Settlement Bridge Subdivision. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF30 11. The North Slough bisects the subject property and is a feature that will need to be protected. 12. The City Council recognizes the letter of concern from Darrell W. Brock dated February 3, 2004. 13. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 14. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Delete the last sentence of the second bullet in Site Specific Condition #2 on page 23, and add a sentence to the end ofthe condition that reads: "Lots sharing common driveways shall not be required to have any street frontage." 2. Add a sentence to the end of Site Specific Condition #3 that reads: "If the City acquires a well site in the area where common area is proposed, additional open space will not be required by the development." 3. Add a sentence to the end of Site Specific Condition #5 that reads: "The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 30 B. Adopt the Comments and Recommendations ofthe Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-03-035) and Preliminary Plat (pP-03-041) as a condition ofthe Conditional Use Permit (CUP-03-065. 2. The project shall conform to the modified dimensional standards, as follows: · Minimum lot size: 4,031 square-feet (attached lots); 5,250 square-feet (detached lots). · Minimum frontage: 40 feet for attached lots on straight-away streets and 28 feet (lots on corners/cul-de-sacs); 58 feet for detached lots on straight-away streets and 30 feet (lots on corners/cul-de-sacs). Lots sharing common dri'.'e'.vays shall have a minimum street frontage as outlined in MCC 11 9 1. Lots sharing common driveways shall not be required to have any street frontage. · The Applicant is granted permission to exceed the 450-foot maximum cul-de- sac length as depicted on the submitted plat (approximately 950-feet long). As a condition of increasing the cul-de-sac length for Swift Water Drive/Pier Place, the Applicant shall construct an emergency access from Pier Place to McMillan Road. Coordinate the design and construction of the emergency access with the Meridian Fire Department. 3. The proposed amenities for the planned development including three tot lot/activity areas linked by a linear open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as depicted on the landscape plan. lfthe City acquires a well site in the area where common area is proposed, additional open space will not be required by the development. 4. The Applicant shall work with Meridian Planning & Zoning staff as well as ACHD staff on striping, signage, or other means to create an efficient crosswalk(s) design for the multi-use pathway at Schumann Avenue. 5. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk. C. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 30 Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. OR Dedicate 38-feet of right-of-way from the centerline of McMillan Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), iffunds are available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing as-foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41-feet from the centerline of McMillan Road. OR Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of 41-feet from the centerline of McMillan Road. If the sidewalk should meander outside ofthe right-of-way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of28-feet from the centerline of the right-of-way, in an easement provided to the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 30 c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,000-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400- feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, lITHIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet of right-of-way. 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 30 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 1 DO-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval ofthe City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately lO-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10-feet at the intersection of Locust Grove Road. (The island should be approximately lO-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4- feet wide to total a minimum of a 100-square foot area. 19. Construct a left-turn lane on McMillan Road at the intersection of S hum ann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 30 20. Construct a left-turn bay on Schumann Avenue at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design ofthe taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 30 applicant. The applicant shall be required to call DrGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis 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 ofthe 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 Meridian Fire Department Recommendations as follows: 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 ofthe 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. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The proposed subdivision will have a population of771 and will have an unknown impact Meridian Fire Department call volumes. According to a report complete by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this up from 2069 responses in the year 2000. 8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 30 9. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 10. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 11. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 64,5,6,7,8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50,39 thru 43. 12. Recommend connecting Territory & Stampeded to prevent blocking ofthe roadway due to limited parking. 13. Parking shall be limited to one side on a1129' wide street sections. E. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 30 3. Run-off is not to create a mosquito breeding problem. G. Adopt the Recommendations of Settlers' Inigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 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 any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Inigation 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 Inigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or who ever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. H. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standards. L Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF30 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9,2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 15. As part of the Planned Development (PD) the applicant is seeking relief from the standard lot frontage requirement, lot sizes, and maximum cul-de-sac length, as required by Meridian City Code. Further, the applicant is requesting a modification to the standard development requirements for a sidewalk and landscaping on McMillan Road. It is found that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. 16. It is found that the proposed single-family residential subdivision, with a gross density of3.7 dwelling units per acre (net 4.9 dwelling units per acre), is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential". 17. It is found that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. 18. It is not anticipated that the proposed development will have an adverse impact on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 30 the surrounding property. 19. The Meridian Fire Department submitted a list of conditions and needs, and said list is addressed hereinabove in 14.D. Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within the development for a new well. The developer has indicated that it may be possible to locate the well within the "Grove" common area. The developer and Public Works Department continue to work on the location of the well site. The ACHD is recommending, with site-specific and standard conditions, approval of the subject development. Review of ACHD's report will provide additional information for this project. 20. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. It is found there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. According to the Traffic Impact Study (TIS) prepared by Dobie Engineering, Inc., the proposed project is anticipated to generate 2,490 vehicle trips per day. It is recognized that traffic and noise will increase with the approval of this subdivision; however, it is not believed that the amount generated will be detrimental to the general welfare ofthe public. It is not anticipated that the proposed development will create excessive noise, smoke, fumes, glare or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 30 odors. It is found that the proposed residential use will not be detrimental to people, property or the general welfare of the area. 22. It is not believed that the proposed vehicular approaches on Locust Grove Road, and McMillan Road will create an interference with traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional information. 23. It is found that there are some existing trees and other mature landscaping near the existing farm house (near McMillan Road) that should be retained and protected. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance MCC 12- 13-13. There will need to be an adopted plan of how to protect the "grove" trees during demolition of the farm house and new construction near the grove. There should be tree protection zones established and fenced before demolition begins. The applicant shall work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. It is further recommended that the applicant verifY the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. The applicant is proposing to relocate and leave the North Slough open abutting the site. It is believed that the North Slough is a scenic feature that should be protected. It is found that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the majority of the grove area is adequately protected and the North Slough is relocated in a manner that does not negatively impact its beauty. There is no awareness of any natural or scenic feature( s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with residential uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 30 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. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council ofthe City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XU, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subj ect to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the tenus of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 30 c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 ofthis Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 30 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions ofthat approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 30 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of266 buildable lots and 34 common lots, with reduced lot frontages, reduced lot sizes, a substandard cul-de-sac length, and a sidewalk variance along McMillan Road, on 70.64 acres in a proposed R-8 zone for Settlement Bridge Subdivision, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Delete the last sentence ofthe second bullet in Site Specific Condition #2 on page 23, and add a sentence to the end of the condition that reads: "Lots sharing common driveways shall not be required to have any street frontage." 2. Add a sentence to the end of Site Specific Condition #3 that reads: "If the City acquires a well site in the area where common area is proposed, additional open space will not be required by the development." 3. Add a sentence to the end of Site Specific Condition #5 that reads: "The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements ofthe Annexation/Zoning (AZ-03-035) and Preliminary Plat (pP-03-041) as a condition of the Conditional Use Permit (CUP-03-065. 2. The project shall conform to the modified dimensional standards, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 30 · Minimum lot size: 4,031 square-feet (attached lots); 5,250 square-feet (detached lots). · Minimum frontage: 40 feet for attached lots on straight-away streets and 28 feet (lots on corners/cul-de-sacs); 58 feet for detached lots on straighJ-away streets and 30 feet (lots on corners/cul-de-sacs). Lots sharing common dri';6-ways shall ha';e a minimum street frontage as outlined in MCC 11 9 1. Lots sharing common driveways shall not be required to have any street frontage. · The Applicant is granted permission to exceed the 450- foot maximum cu1-de- sac length as depicted on the submitted plat (approximately 950-feet long). As a condition of increasing the cul-de-sac length for Swift Water Drive/Pier Place, the Applicant shall construct an emergency access from Pier Place to McMillan Road. Coordinate the design and construction of the emergency access with the Meridian Fire Department. 3. The proposed amenities for the planned development including three tot lot/activity areas linked by a linear open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as depicted on the landscape plan. If the City acquires a well site in the area where common area is proposed, additional open space will not be required by the development. 4. The Applicant shall work with Meridian Planning & Zoning staff as well as ACHD staff on striping, signage, or other means to create an efficient crosswalk(s) design for the multi-use pathway at Schumann Avenue. 5. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. The Meridian Loop pathway is allowed in lieu of a 5- foot sidewalk where the pathway location coincides with the sidewalk. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 30 prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), iffunds are available. OR Dedicate 38-feet of right-of-way from the centerline of McMillan Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing as-foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41- feet from the centerline of McMillan Road. OR Construct a 5- foot concrete sidewalk on McMillan Road located a minimum of 41- feet from the centerline of McMillan Road. If the sidewalk should meander outside ofthe right-of-way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of28-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 Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way; but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct amain entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,000-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 30 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line, as proposed. mstall a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet of right-of-way. 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approvaL 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 30 Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10-feet at the intersection of Locust Grove Road. (The island should be approximately lO-feet in width at the throat ofthe street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4- feet wide to total a minimum of a 100-square foot area. 19. Construct a left-turn lane on McMillan Road at the intersection of S hum ann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design ofthe taper with District staff. 20. Construct a left-turn bay on Schumann Avenue at the intersection ofShumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes ofthis access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVUT PAGE 23 OF 30 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. 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 #198, also known as Ada County Highway District Road hnpact 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 of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 30 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 Meridian Fire Department Recommendations as follows: 1. That a fire- flow as required by the mternational 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. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The proposed subdivision will have a population of 771 and will have an unknown impact Meridian Fire Department call volumes. According to a report complete by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this up from 2069 responses in the year 2000. 8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 10. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 30 sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 11. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38, 39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 6 4, 5, 6, 7, 8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50,39 thru 43. 12. Recommend connecting Territory & Stampeded to prevent blocking ofthe roadway due to limited parking. 13. Parking shall be limited to one side on all 29' wide street sections. E. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High SchooL 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. 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-offis not to create a mosquito breeding problem. G. 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 North Slough (Settlers Canal). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 30 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 any 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. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or who ever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. H. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standards. I. Adopt the action of the City Council taken at their March 9,2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 30 provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site. including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code g 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded. the conditional use application shall become null and void. However, the applicant may submit an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 28 OF 30 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.) 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 of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the of;-, day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 29 OF 30 /lpYil , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED*- MAYOR TAMMY de WEERD (TIE BREAKER) DATED: H.-o~ MOTION: V APPROVED:---p:- VOTED - DISAPPROVED: de Weerd Attest: Dated; Z:\Work\M\Meridian\Meridian 1 5360M\Settlemenl Bridge Sub AZ-03-o35 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 30 OF 30 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/24/04 C/C 03/09/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT ON 70.64 ACRES ) FOR SETTLEMENT BRIDGE ) SUBDIVISION IN AN R-8 ZONE, ) LOCATED ON THE EAST SIDE OF ) LOCUST GROVE ROAD, AND ON ) THE SOUTH SIDE OF McMILLAN ) ROAD, IN SECTIN 32, TOWNSHIP ) 4 NORTH, RANGE 1 EAST, ) MERIDIAN, IDAHO ) ) CAPITAL DEVELOPMENT, INC., ) ) APPLICANT ) ) Case No. CUP-03-065 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on February 24,2004 and continued until March 9, 2004, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of266 buildable lots and 34 common lots, with reduced lot frontages, ORDER CONDITIONAL USE PERMIT (CUP-03-065) PAGE 1 OF 13 reduced lot sizes, a substandard cul-de-sac length, and a sidewalk variance along McMillan Road, on 70.64 acres in a proposed R-8 zone for Settlement Bridge Subdivision, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Delete the last sentence of the second bullet in Site Specific Condition #2 on page 23, and add a sentence to the end of the condition that reads: "Lots sharing common driveways shall not be required to have any street frontage." 2. Add a sentence to the end of Site Specific Condition #3 that reads: "If the City acquires a well site in the area where common area is proposed, additional open space will not be required by the development." 3. Add a sentence to the end of Site Specific Condition #5 that reads: "The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-03-035) and Preliminary Plat (pP-03-041) as a condition of the Conditional Use Permit (CUP-03-065. 2. The project shall conform to the modified dimensional standards, as follows: . Minimum lot size: 4,031 square-feet (attached lots); 5,250 square-feet (detached lots). . Minimum frontage: 40 feet for attached lots on straight-away streets and 28 feet (lots on cornerslcul-de-sacs); 58 feet for detached lots on straight-away streets and 30 feet (lots on corners/cul-de-sacs). Lots sharing common driT.'cways shall have a minimum street frontage as outlined in MCC 11 9 1. Lots sharing common driveways shall not be required to have any street frontage. . The Applicant is granted permission to exceed the 450-foot maximum cul-de- sac length as depicted on the submitted plat (approximately 950-feet long). As a condition of increasing the cul-de-sac length for Swift Water DrivelPier Place, the Applicant shall construct an emergency access from Pier Place to ORDER CONDITIONAL USE PERMIT (CUP-03-065) PAGE 2 OF 13 McMillan Road. Coordinate the design and construction of the emergency access with the Meridian Fire Department. 3. The proposed amenities for the planned development including three tot lot/activity areas linked by a linear open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as depicted on the landscape plan. If the City acquires a well site in the area where common area is proposed, additional open space will not be required by the development. 4. The Applicant shall work with Meridian Planning & Zoning staff as well as ACHD staff on striping, signage, or other means to create an efficient crosswalk(s) design for the multi-use pathway at Schumann Avenue. 5. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. OR Dedicate 38-feet of right-of-way from the centerline of McMillan Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator ORDERCONDITIONALUSEPERNUT (CUP-03-065) PAGE 3 OF 13 prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a lO-foot asphalt pathway on McMillan Road in lieu of constructing a 5-foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41-feet from the centerline of McMillan Road. OR Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of 41-feet from the centerline of McMillan Road. If the sidewalk should meander outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one ofthe following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately I,OOO-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north ofthe south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of ORDERCONDITIONALUSEPERNllT (CUP-03-065) PAGE 4 OF 13 Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet of right-of-way. 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy ofthe signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islandslmedians to be constructed a minimum of 4-feet wide to total a minimum of a 1 DO-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval ofthe City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. ORDER CONDITIONAL USE PERMIT (CUP-03-065) PAGE 5 OF 13 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10- feet at the intersection of Locust Grove Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islandslmedians to be a minimum of 4- feet wide to total a minimum of a 100-square foot area. 19. Construct a left-turn lane on McMillan Road at the intersection ofShumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct a left-turn bay on Schumann Avenue at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ORDER CONDITIONAL USE PERMIT (CUP-03-065) PAGE 6 OF 13 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, 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 ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ORDER CONDITIONAL USE PERMIT (CUP-03-065) PAGE 7 OF 13 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 Meridian Fire Department Recommendations as follows: 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. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The proposed subdivision will have a population of771 and will have an unknown impact Meridian Fire Department call volumes. According to a report complete by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this up from 2069 responses in the year 2000. 8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 10. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 11. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40, Block 5 Lot 16, 17,18,19,20,21, Block 6 4, 5, 6, 7, 8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. ORDER CONDITIONAL USE PERl\flT (CUP-03-065) PAGE 8 OF 13 12. Recommend connecting Territory & Stampeded to prevent blocking ofthe roadway due to limited parking. 13. Parking shall be limited to one side on all 29' wide street sections. E. Adopt the RecommendationslComments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. F. Adopt the Recommendations ofthe 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. G. Adopt the Recommendations of Settlers' Irrigation District as follows: L All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 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 any S.LD. facilities. ORDER CONDITIONAL USE PERMIT (CUP-03-065) PAGE 9 OF 13 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. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or who ever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. H. Adopt the Recommendations ofthe Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standards. 1. Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, ORDER CONDITIONAL USE PERMIT (CUP-03-065) PAGE 10 OF 13 including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 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. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the proj ect 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) ORDER CONDITIONAL USE PERMIT (CUP-03-065) PAGE 11 OF 13 month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. ORDERCONDITIONALUSEPERNUT (CUP-03-065) PAGE 12 OF 13 By action of the City Council at its regular meeting held on the bl!::- day of ~/2 , 2004. BY~'4~9 Ity Clerk Attest: Dated: 4-~ ?--tJ{- Z:\Work\M\Meridian\Meridian I 5360M\Settlement Bridge Sub AZ-03-035 PP-03-041 ORDER CONDITIONAL USE PERMIT (CUP-03-065) PAGE 13 OF 13 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Rennison Engineering PP 03-045 April 6, 2004 ITEM NO. t-l'i REQUEST Findings - Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-O zone for proposed Roundtree Subdivision - north of West Pine Avenue and east of North Linder 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted:()(),^",- ~N<;d~ Date: '1,.5....04. Phone: gCf~ -OOJs;- Emailed: jOV\Vl -.f.tYH..\,'<;"V@J..lnrtl'~oV'-'. Staff Initials: ~_ Materials presented at public ~~~~'b~ofneprOperty of ~ridlan. See attached Findings ~~ R~ (' AL._J APR 0 1 2004 interoffice City Of Meridial1 City Clerk Office MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: ROUNDTREE SUBDIVISION BY RENNISON ENGINEERING 1 PP-03-045 Date: April 1, 2004 Will: Pursuant to City Council's action at their March 9, 2004, meeting, pertaining to the Preliminary Plat application by Rennison Engineering for the proposed Roundtree Subdivision, and Council's denial thereof, please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT in Roundtree Subdivision. This may be presented to the Mayor to obtain her signature. After you have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360MIRoundtree Sub PP-Q3-Q45 CUP-03-Q69 Denial Findings\Clerk Denial PP Memo 0331 04.da: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY PLAT FOR ) ROUNDTREE SUBDIVISION ) ) ) RENNISON ENGINEERING, ) ) ) APPLICANT ) ) CIC 03-09-04 CASE NO. PP-03-045 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMIARY PLAT The above entitled preliminary plat application having come on for public hearing before the City Council on March 9,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, John Rennison, Joann Butler, Dave Waily and Maxine Jolmson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for preliminary plat was published for two (2) consecutive weeks prior to said public hearing scheduled for March 9, 2004, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 1 OF 7 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet 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 that 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 March 9,2004, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S967-6509 and 67-6511, and SSII-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code ofthe City of Meridian, 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. 4. The property is approximately 5.7 acres in size and is located on the south side of Pine Avenue, approximately 1,000 feet east of Linder Road, in Section 12, Township 3 North, Range 1 West. The property is designated in the Comprehensive Plan as "High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 2 OF? Residential. " 5. The owner of record of the subject property is Walden Hughes, who has provided notarized consent for the subject application. The applicant is Rennison Engineering. 6. The property is presently zoned L-O. The zoning ofL-Q is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. 7. The subject property is within the city limits ofthe City of Meridian. 8. The entire parcel is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The applicant proposes to develop the subject property in the following manner: A multi-family residential subdivision with eighteen (18) buildable lots and three (3) common/other lots. 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 Thomas Mannschreck expressed in his letter dated February 5,2004. 12. This proposed project is part of the Tramore Subdivision, a two-lot preliminary/final plat that the City reviewed and approved in 2001 (pFP-01-006). The subject site was recorded as Lot 2, Block 1, Tramore Subdivision. Processed concurrently with Tramore Subdivision was a CUP application for a 72-unit senior apartment complex (CUP-Ol- 036) on Lot 1, Block 1. As part ofthe Tramore Development, a 50-foot wide cross access agreement was approved to intersect Pine Avenue near the west property line. This 50-foot wide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 3 OF 7 easement is the frontage/flag of the subject lot. An access driveway has been constructed to a width of 25-feet, with curb, gutter and a sidewalk on the east side, from Pine Avenue to the southern boundary of Lot 1. 13. The proposed roadway configuration, along with the proposed access through the adjacent eastern border is cause for concern, and specifically that traffic would cut through the drive aisles causing safety issues for the senior citizen residents of the Tramore apartment complex, as well as for the residents at the Sunbridge complex. Foot traffic is another safety issue for the present residents of Tramore and Sunbridge, as well as any future residents that would be within this future apartment complex. 14. The multi-family residential use design proposed for this property by the applicant is incompatible with the surrounding Tramore senior complex and the Sunbridge complex, due to the intense density use this project would bring to the surrounding properties. 15. The proposed project does not provide an adequate amount of private space or open space for each living unit as is required within the Planned Development requirements for the City. 16. The applicant has not provided sufficient information as to the compatibility of the multi-family use in this particular area. 17. It is not in the best interests of the City of Meridian to approve the preliminary plat application. CONCLUSIONS OF LAW 1. The City of Meridian may take judicial notice of government ordinances, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 4 OF 7 policies, and of actual conditions existing within the City and State. 2. 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 ofthe Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII 9 2 of the Constitution of the State ofIdaho. 4. The City Council's authority to make and enforce the Meridian City Code as provided for in Meridian City Code Section 12-3-5. 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 order that the Council does hereby deny the application for preliminary plat approval for the following reasons: 1. This proposed project is part of the Tramore Subdivision, a two-lot preliminary/final plat that the City reviewed and approved in 2001 (PFP-OI-006). The subject site was recorded as Lot 2, Block 1, Tramore Subdivision. Processed concurrently with Tramore Subdivision was a CUP application for a 72-unit senior apartment complex (CUP-OI-036) on Lot 1, Block 1. As part of the Tramore Development, a 50-foot wide cross access agreement was approved to intersect Pine Avenue near the west property line. This 50-foot wide easement is the frontagelflag of the subject lot. An access driveway has been constructed to a width of 25-feet, with curb, gutter and a sidewalk on the east side, from Pine Avenue to the southern boundary of Lot 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE 5 OF 7 2. The proposed roadway configuration, along with the proposed access through the adjacent eastern border is cause for concern, and specifically that traffic would cut through the drive aisles causing safety issues for the senior citizen residents of the Tramore apartment complex, as well as for the residents at the Sunbridge complex. Foot traffic is another safety issue for the present residents of Tramore and Sunbridge, as well as any future residents that would be within this future apartment complex. 3. The multi-family residential use design proposed for this property by the applicant is incompatible with the surrounding Tramore senior complex and the Sunbridge complex, due to the intense density use this project would bring to the surrounding properties. 4. The proposed proj ect does not provide an adequate amount of private space or open space for each living unit as is required within the Planned Development requirements for the City. 5. The applicant has not provided sufficient information as to the compatibility of the multi-family use in this particular area. 6. It is not in the best interests of the City of Meridian to approve the preliminary plat application. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDIVISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE60F7 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. ,.ff.. By action of the City Council at its regular meeting held on the ~ay of fJpr)2- , 2004. Copy served upon Applicant, the Planning and Zoning Department, Public Wo~l\a\lJYet1grtmp,nt and City Attorney. ",\\\~ Of ME~"I;/, $:-',..':;:" ..:..r.., ....~ ~ .> v o'f\Poftq):; 'V ~ ... L.&....., n .:...- '!.;.,.G ~o ~ By: ~.4--..: /?/C/- P f ~ Dated: 4-/-01-!! ~ ~ SEAL ~ City Clerk ~ \~, .p J .;.. d \. Q,. .....0 '" ~. 1;.0 ver 1S~ . '!:l:' ~ '-;:" .~1 ~ ~ Z:\Work\M\Meridian\Meridian 1 5360M\Roundtree Sub PP-03-045 CUP-03-069 Denial Findings\FFCLOrdDeI1:Y.I1':lI~Iiln........-J '(\) ~~' ~fJ ~UNll t ~, of/I \\\\ 1IIIum nU'" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR ROUNDTREE SUBDNISION BY: RENNISON ENGINEERING - (PP-03-045) PAGE70F7 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Rennison Engineering CUP 03-069 April 6,2004 ITEM NO. b ./ 0 REQUEST Findings - Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in an L-O zone for proposed Roundtree Subdivision - north of West Pine Avenue and east of North Under Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~ (}~ ( )~'" {\ ~V\V\ \SO V\ Date: Lf ~/()vf Staff Initials: Phone: J Lf) - CXJ-;PS- Contacted: Emaifed: Materials presented at public meetings shall become property of the City of Meridian. TlE { \J L:J EIVE APR 0 1 2004 interoffice City Of I\leridian City Clerk Office MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: ROUNDTREE SUBDIVISION BY RENNISON ENGINEERING 1 CUP-03-069 Date: April 1, 2004 Will: Pursuant to City Council's action at their March 9, 2004, meeting, pertaining to the Conditional Use Permit application by Rennison Engineering for the proposed Roundtree Subdivision, and Council's denial thereof, please find attached the original ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT in Roundtree Subdivision. This may be presented to the Mayor to obtain her signature onlv after the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. PP-03-045. After you have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\R.oundlree Sub PP.03-045 CUP-03-069 Denial Findings\Clerk Denial CUP Memo 03 31 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT ) FOR A PLANNED DEVELOPMENT ) FOR ROUNDTREE SUBDIVISION ) ) ) RENNISON ENGINEERING ) ) APPLICANT ) ) CIC 03-09-04 CASE NO. CUP-03-069 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT The above entitled matter coming on regularly for public hearing before the City Council on March 9, 2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for preliminary plat in Case No. PP-03-045, and the hearing was opened on the conditional use permit application and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, John Rennison, Joann Butler, Dave Wiley and Maxine Johnson, testified at the hearing, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. PP-03-045 does hereby deny the application for conditional use permit approval. FINDINGS OF FACT 1. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FORRENMSON ENGThffiERmG FOR ROUNDTREE SUBDIVISION (CUP-03-069) PAGE 1 OF 5 ( conditional use permit due to the denial of the preliminary plat in Case No. PP-03-045 due to the following: 1. This proposed project is part of the Tramore Subdivision, a two-lot preliminary/final plat that the City reviewed and approved in 2001 (pFP-OI-006). The subject site was recorded as Lot 2, Block 1, Tramore Subdivision. Processed concurrently with Tramore Subdivision was a CUP application for a 72-unit senior apartment complex (CUP-OI-036) on Lot 1, Block 1. As part of the Tramore Development, a 50-foot wide cross access agreement was approved to intersect Pine Avenue near the west property line. This 50-foot wide easement is the frontage/flag ofthe subject lot. An access driveway has been constructed to a width of 25-feet, with curb, gutter and a sidewalk on the east side, from Pine Avenue to the southern boundary of Lot 1. 2. The proposed roadway configuration, along with the proposed access through the adjacent eastern border is cause for concern, and specifically that traffic would cut through the drive aisles causing safety issues for the senior citizen residents of the Tramore apartment complex, as well as for the residents at the Sunbridge complex. Foot traffic is another safety issue for the present residents of Tramore and Sunbridge, as well as any future residents that would be within this future apartment complex. 3. The multi-family residential use design proposed for this property by the applicant is incompatible with the surrounding Tramore senior complex and the Sunbridge complex, due to the intense density use this project would bring to the surrounding properties. 4. The proposed proj ect does not provide an adequate amount of private space or open space for each living unit as is required within the Planned Development requirements for the City. 5. The applicant has not provided sufficient information as to the compatibility of the multi-family use in this particular area. 6. It is not in the best interests of the City of Meridian to approve the conditional use permit application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR RENNISON ENGINEERING FOR ROUNDTREE SUBDIVISION (CUP-03-069) PAGE 2 OF 5 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 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, that based upon the denial of the preliminary plat in Case No. PP-03-045 the Council does hereby deny the application for conditional use permit approval for the following reasons: 1. This proposed project is part ofthe Tramore Subdivision, a two-lot preliminarylfinal plat that the City reviewed and approved in 2001 (PFP-OI-006). The subject site was recorded as Lot 2, Block 1, Tramore Subdivision. Processed concurrently with Tramore Subdivision was a CUP application for a 72-unit senior apartment complex (CUP-01-036) on Lot 1, Block 1. As part of the Tramore Development, a 50-foot wide cross access agreement was approved to intersect Pine Avenue near the west property line. This 50-foot wide easement is the frontage/flag of the subject lot. An access driveway has been constructed to a width of 25-feet, with curb, gutter and a sidewalk on the east side, from Pine Avenue to the southern boundary of Lot 1. 2. The proposed roadway configuration, along with the proposed access through the adjacent eastern border is cause for concern, and specifically that traffic would cut through the drive aisles causing safety issues for the senior citizen residents ofthe Tramore apartment complex, as well as for the residents at the Sunbridge complex. Foot traffic is another safety issue for the present residents ofTramore and Sunbridge, as well as any future residents that would be within this future apartment complex. 3. The multi-family residential use design proposed for this property by the applicant is incompatible with the surrounding Tramore senior complex and the Sunbridge complex, due to the intense density use this project would bring to the surrounding properties. 4. The proposed project does not provide an adequate amount of private space or open space for each living unit as is required within the Planned Development requirements for the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR RENNISON ENGINEERING FOR ROUNDTREE SUBDIVISION (CUP-03-069) PAGE 3 OF 5 5. The applicant has not provided sufficient information as to the compatibility of the multi-family use in this particular area. 6. It is not in the best interests ofthe City of Meridian to approve the conditional use permit application. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code 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 L If>- V day of ~;L , 2004. ~~~ Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR RENNISON ENGINEERING FOR ROUNDTREE SUBDIVISION (CUP-03-069) PAGE 4 OF 5 By:Jf~,b~9 City Clerk Dated: 4--7-'"tJ4- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR RENNISON ENGINEERING FOR ROUNDTREE SUBDIVISION (CUP-03-069) PAGE 5 OF 5 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. (o/f REQUEST Resolution -- Computer Surplus Resolution 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 Resolution ,. ~,r/ q ffVr~ 04/41' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridJan. Interoffice Memorandum To: William G. Berg, Jr. (originals) Cc: Reta Cunningham (via email) From: William F. Nichols RE: Resolution and Certificate of Clerk for Donation of Computer Equipment Date: March 5, 2004 Please find attached the Resolution and Certificate of Clerk for donation of computer equipment to either the Boys -n- Girls Club of Meridian or to the Idaho Youth Ranch 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 1 5360M\Resolutions City Hall\2004\Berg Memo for Res Cert Clk for computer equip 03 05 04.doc RESOLUTION NO. 04- #r BY: te/l/v (brdJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE COMPUTER EQUIPMENT TO EITHER THE BOYS -N- GIRLS CLUB OF MERIDIAN OR THE IDAHO YOUTH RANCH. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to declare the computer equipment, listed herein below, as surplus property, due to the fact that these particular items are no longer needed or used by the City of Meridian. Additionally, the cost and expense to the City of Meridian for maintaining the computer equipment exceeds its value to the City of Meridian. Descrivtion Computer - Olympia Computer - Olympia Computer - IBM personal Monitor PACOM old 14" Televideo Processor Computer - RJM Computer - RIM Monitor - RIM monitor UPS - APC Smart 250 UPS - APC Smart 420 Computer - RIM Printer - Okidata Microline #320 - SN# 11 OC0606731 Server - RIM Network Novell Server Computer - Compaq Presario#5020 Computer - RIM Computer - HP Pavillion - SN# 6575254985 Computer - Micron Millennia Computer - RIM Computer - HP Pavillion - SN# US72962244 Computer - MCC Computer - RJM Computer - RJM Computer - Micron Millennia- SN# 1562834-0004 Computer - Micron Millennia- SN# 1582634-0002 Computer - Micron - 1684564-001 Scanner - HP Scanjet ADF - SN# 5G94D11038 WHEREAS, the City of Meridian desires to donate the computer equipment listed herein above to either the Boys -n- Girls Club of Meridian or the Idaho Youth Ranch, which entities provide assistance to boys and girls within the State of Idaho. WHEREAS, the cost of maintaining the computer equipment until sold, ifit could be sold, would result in the unnecessary expenditure of City funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize and declare that the computer equipment listed hereinabove is surplus equipment. 2. The Mayor and City Council hereby authorize the conveyance of the computer equipment listed hereinabove, for no monetary consideration, to either the Boys -n- Girls Club of Meridian or the Idaho Youth Ranch. which are entities providing assistance to boys and girls within the State of Idaho. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this [; ~ dayof +;2 ,2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6-1f:- day of ,ifpril. ,2004. ~f ~ ~TammYdeWeerd \\\\\11111 "'1I1t ,,\\\' Of S"", ," ,,-f II,.. ,'........,"' ~ ~~' u.~Oo. "'fA. ~ ~ ~~h ~y ~ /:.-" ~o ~ d~~&-~/~.1~ ( SEAL 1 City Clerk ~ :. ~ !':l:: ~- ~ <f> ~ ~;";~~ ~1" 18\. "\ '.o.j ~.V ~.~ ~.... Ct1Jb '" _, ~ ~~{' 11/1 .-VN J 1 I ",\'Ii, IllflllH 1IH1~\"\ Z:\Work\M\Meridian\Meridian t5360M\Resolutions City Hall\2004\Res surplus compuler equip 0304 04.doc ATTEST: CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk ofthe 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 C~ I am the custodian of its records and minutes and do hereby certify that on the 6 day of /lj30l.. ,2004, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE COMPUTER EQUIPMENT TO EITHER THE BOYS -N- GIRLS CLUB OF MERIDIAN OR THE IDAHO YOUTH RANCH. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to declare the computer equipment, listed herein below, as surplus property, due to the fact that these particular items are no longer needed or used by the City of Meridian. Additionally, the cost and expense to the City of Meridian for maintaining the computer equipment exceeds its value to the City of Meridian. Description Computer - Olympia Computer - Olympia Computer - IBM personal Monitor PAC OM old 14" Televideo Processor Computer - RJM Computer - RIM Monitor - RJM monitor UPS - APC Smart 250 UPS - APe Smart 420 Computer - RJM Printer - Okidata Microline #320 - SN# 110C0606731 Server - RJM Network Novell Server Computer - Compaq Presario#5020 Computer - RJM Computer - HP PavilIion - SN# 6575254985 Computer - Micron Millennia Computer - RIM Computer - HP Pavillion - SN# US72962244 Computer - MCC Computer - RJM Computer - RJM Computer - Micron Millennia - SN# 1562834-0004 Computer - Micron Millennia - SN# 1582634-0002 Computer - Micron - 1684564-001 Scanner - HP Scanjet ADF - SN# 5G94D11038 WHEREAS, the City of Meridian desires to donate the computer equipment listed herein above to either the Boys -n- Girls Club of Meridian or the Idaho Youth Ranch, which entities provide assistance to boys and girls within the State ofIdaho. WHEREAS, the cost of maintaining the computer equipment until sold, ifit could be sold, would result in the unnecessary expenditure of City funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize and declare that the computer equipment listed hereinabove is surplus equipment. 2. The Mayor and City Council hereby authorize the conveyance of the computer equipment listed hereinabove, for no monetary consideration, to either the Boys -n- Girls Club of Meridian or the Idaho Youth Ranch, which are entities providing assistance to boys ~d'~~/"11 within the State ofIdaho. ..................c}~'" ~-1;~..'-' ~ j (P~oft4h.Y ~ t--: // .... ~ ~ <'0 ~ ~ I ~ illiam G. Berg, Jr., City Cler SEAL ~ ~ !'3 ~ ~ ~ <1)...,- "i' c..o $ ~;:. <0 ~\;)'''' 15"\ . ':!::' .j' ~ "1 Q......:-=-. ~t= ~$' /;,., "~VUNT'i ","\ On this b -J-h. day of f).,pr,'/ , in the year 2004, before me a N~~f9'Fi\lThlit\\;\'\'\\ appeared WILLIAM G. BERG, JR., knov.rK or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~",,'U""'f'f, ~..,.. -i.Cl1 L. 8A,ff~## !t>.... ~). .....,,".-. :i./.;. '.. (SEAL) ,:t .... ~ ... "~"" ~. ~ ~ ". ,,~r ." : I ~OT At: 1.... :. Co issio Expires' :: 0(. ~ . : . ... * · ......... '" x JIll Z:\ Work\M'1IiridiaU\Meridian 1536e.M~soluims City Hall\2004\Cert C k. Ius computer equip 03 04 04.doc ~ .0 .PUBL\ l $ 0:. .n 0 . "" ~ v"'"). eo .. 0 .:' #. .r~ o. .. .....' _.. ,#. 'i l' .. .... ~"'(~!t>~ "'f, Ji 0 F \\) .......... '''.Moon.. BII'" STATE OF IDAHO, ) : ss: County of Ada, ) April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. {s;~Q REQUEST Streetlight Agreement for Lochsa Falls #4 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: NAMP A MERIDIAN JRRIGA TION: 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'Wotks Dept. , , , . ? ?, RECE1\lED APR 0 1 2004 CIty Of MeridiaIl City Clerk Office Mem To: Mayor de Weere! & City Council From: Karie Glenn CC: File, Gary Smith, PEr City Clerk Date: 3/2212004 Re: Proposed Agenda Items for March 30, 2004 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the March 30, 2004 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) StreetliQht AQreement for Lochsa Falls #4. Typical streetlight agreement for decorative lights. Recommended Council Action: Approve the streetlight agreement for Lochsa Falls #4 and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight AQreement for Lochsa Falls #5. Typical streetlight agreement for decorative lights. Recommended Council Action: Approve the streetlight agreement for Lochsa Falls #5 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlight Agreement for Lochsa Falls #6. Typical streetlight agreement for decorative lights. Recommended Council Action: Approve the streetlight agreementfor Lochsa Falls #6 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #4, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby aclmowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 8 single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls #4 in Meridian, Idaho. The parties acknowledge that the 8 single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 8 single head street lights located in Lochsa Falls #4 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agr:eed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Lochsa Falls, LLC, its heirs, successors and assigns) and the CITY OF MERIDIAN. Dated this /:-/1... V - day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., City Clerk Lochsa Falls, LLC By ~~~ Marty oldslDlth, ember STREET LIGHT AGREEMENT Page 2 STATEOFIDAHO ) ) ss. County of Ada ) On this _ day of ,20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATEOFIDAHO ) ) ss. County of Ada ) On this 19~day of f\'l.o.re.1- , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member of Lochsa Falls, LLC, and who executed the within instrument on behalf of said company, and ac1mowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ~I' I............ _II E ~.,f; ~.", ~ct . Iii ~~~.#. I..~~.......... ,,-;;\ !IIi . I (. ~OTJ\~".. . = * -.- ':)* : i ~. PtrBL\C ~ .r,. . ;c. "':;' ... 0 '" "'1 ...... ~ ~..<< 1'e 0 F \\') t;., ,~.......J..t" c~J\Af~f~ NOTARY PUBLIC FOR IDAHO RESIDWG AT [d~ ~ MY COMMISSION E IkEs 5'/ 1:1./0(" I I STREET LIGHT AGREEMENT Page 3 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. {y-~ REQUEST Streetlight Agreement for Lochsa Falls #5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~.!J Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. RE li', .L.J APR 0 1 2004 City Of Iv1eridiml City Clerk Office To: Mayor de Weerd & City Council From: Karie Glenn CC: File, Gary Smith, PE, City Clerk Date: 3/2212004 He: Proposed Agenda Items for March 30, 2004 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the March 30, 2004 City Council agenda, on the Consent Agenda, for Council's consideration: f 1) Streetlioht Aoreement for Lochsa Falls #4. Typical streetlight agreement for decorative lights. Recommended Council Action: Approve the streetlight agreement for Lochsa Falls #4 and authorize the Mayor to sign and City Clerk to attest. ~2) Streetliaht Aareement for Lochsa Falls #5. Typical streetlight agreement for decorative lights. Recommended Council Action: Approve the streetlight agreement for Lochsa Falls #5 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlight Agreement for Lochsa Falls #6. Typical streetlight agreement for decorative lights. Recommended Council Action: Approve the streetlight agreement for Lochsa Falls #6 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 c STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #5, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 5 single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls #5 in Meridian, Idaho. The parties aclmowledge that the 5 single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do 'burn out and that the City will allow reasonable time to replace them. . 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 5 single head street lights located in Lochsa Falls #5 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will no~ maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Lochsa Falls, LLC, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this (qlA day of IrL dAvfv , 20 04- . CITY OF MERIDIAN, a municipality aIfd Political subdivision of the State ofIdaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., City Clerk Lochsa Falls, LLC BY~~ Marty Goldsmith, Member STREET LIGHT AGREEMENT Page 2 . STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor arid City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF IDAHO ) ) ss. County of Ada ) On this 19 ~ day of MCl.r~ , 20 Olf , before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member of Lochsa Falls, LLC, and who executed the within instrument on behalf of said company, and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL "",....."... ,.......... C 1 E, Iii ..##~ ~~~~~:;..........~~\ If ... I i ~OTA~"... : * : --- 9* · . . 'i \" PUB L \C ~ -" " _ v.:>, m.. () ~ "'~ "0 .,,,, <"{ l' ..... ...~ ~##. e OF \\l ~....,.....~ ~[~ NOTARY PUBLIC FOR IDAHO RESIDING AT S~adr~ MY COMMISSION S 57 { .2{ 0 (, STREET LIGHT AGREEMENT Page 3 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6,2004 ITEM NO. ---1 0 ... S - REQUEST Streetlight Agreement for Lochsa Falls #6 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 CaMP ANY CENTRAL DISTRICT HEALTH: NAMP A 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 sholl become property of the CIty of MerIdian. J{E E APR 0 1 2004 City Of l\leridiari City Clerk Offiee To: Mayor de Weerd & City Council From: Karie Glenn cc: File, Gary Smith, PE, City Clerk Date: 3/2212004 Re: Proposed Agenda Items for March 30, 2004 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the March 30, 2004 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlioht Agreement for lochs8 Falls #4. Typical streetlight agreement for decorative lights. Recommended Council Action: Approve the streetlight agreement for Lochsa Falls #4 and authorize the Mayor to sign and City Clerk to attest. 2) StreetliQht Aareement for Lochsa Falls #5. Typical streetlight agreement for decorative lights. Recommended Council Action: Approve the streetlight agreement for Lochsa Falls #5 and authorize the Mayor to sign and City Clerk to attest. ~ 3) Streetlight Aareement for Lochsa Falls #6. Typical streetlight agreement for decorative lights. Recommended Council Action: Approve the streetlight agreement for Lochsa Falls #6 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. o Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #6, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 6 single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development mown as Lochsa Falls #6 in Meridian, Idaho. The parties acknowledge that the 6 single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Lochsa Falls, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6 single head street lights located in Lochsa Falls #6 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Lochsa Falls, LLC, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, II., City Clerk Lochsa Falls, LLC BY~...~ Marty 01 srmth, Member STREET LIGHT AGREEMENT Page 2 STATEOFIDAHO ) ) ss. County of Ada ) On this _ day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF IDAHO ) ) ss. County of Ada ) On this 191:b. day of ---JVllitrc.-k , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, lrnown to me to be a Member of Lochsa Falls, LLC, and who executed the within instrument on behalf of said company, and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ..... ....."." !II.... C 1 E. l~ .~###<< I..~~~......... ~4~\ I t.. ~OTA...\>>}o- \ . * :. : -.- * .- ... C :. ... .PtrBL\ J \ (/l"A e.. 0 ~~' c. ~ ~# "'I ..... :v .#1: l'e 0 P \1> t-- .... ,..........",.. cJ I \ AJ'Ab. <[,~ NOTARY PUBLIC FOR IDAHO ~ RESIDINGAT ~ '51h MY COMMISSIONE utEs ~ I 'J-(otf I STREET LIGHT AGREEMENT Page 3 April 1 t 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Streetlight Agreement for Project 1 April 6, 2004 ITEM NO. fs; ... T 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 DEfT: 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 ~ (jJ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED ~ 1 Memo City of Meridian City Clerl~ Office To: Mayor de Weerd & City Council From: Karie Glenn cc: File, Gary Smith, PE, Brad Watson, PE, City Clerk Date: 4/1/2004 Re: Proposed Agenda Items for April 6, 2004 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the April 6, 2004 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Street Liqht Agreement for oroiect1. Typical Type1. Recommended Council Action: Approve the Street Light Agreement for Sutherland Farm #2 (Great Sky Inc)and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. . Page 1 Mar, 22, 2004 4: 07 PM No.7754 p, 2/4 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Great Sky Inc,. pertaining to the street lights in SutherLand Farm Phase 2, a residential development in Meridian. Idaho. For good and valuable consideration. the receipt of which is hereby acknowledged, the parties agree as follows: 1. Great Sky Inc. has provided 10street light poles, concrete pole baseSs fixtures. bulbs, and components to the residential development known as Sutherland Farm. phase 2 in Meridi~ Idaho. The parties acknowledge that the 10 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian. Idaho. 2. Great Sky Inc.. or it's assignst agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, andfor appurtenances thereot: that may hereafter be broken, damaged, or deteriorated. or require maintenance,. at its own expense; and it is tUrther agreed that Great Sky Ine) or its heirs, successQrs and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs. and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 10 street lights located in Sutherland Farm Sub. in the usual and customary manner. 4. It is agreed that the City of Meridi~ because .Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement. which in proper cases provide that Idaho Power Company would provide maintenance, bulbs,. and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the <<fail off' type. 5. It is understood and agreed that Great Sky Inc. will assign its rights and obligations hereunder to Sutherland Fann H.Q,A when said Homeowners Association is funned and operational STREET LIGIIT AGREEMENT Page 1 rM a r . 22. 2004 4 : 08 P M No.7754 p. 3/4 This AGREEMENT shall be binding on Great Sky Inc. its heirs. successors and assigns, and the CITY OF .MERIDIAN. Dated this day of t 20 CITY OF :MERIDIAN, a municipality and Political subdivision of the State of Idaho By Mayor DeWeerd. ATTEST: William G. Ber~ Jr.. City' Clerk Great Sky Inc. . By ~~ President ATTEST: . Secreta:ty STREET LIGIn' AGREEMENT Page 2 Mar.n.2004 4:08PM No.7754 p. 4/4 STATE OF IDAHO~ ) SS. County of Ada, ) On this _ day of ,. 20 --J before me~ the undersigned,. a Notary Public in and for said State. personally appeared Mayor DEWEERD, and Wll...LIAM G. BERG,. .lll~ known to me to be the :Mayor and City Clerk of the CITY OF MERIDIAN. Idaho. and who executed the within instrument. and acknowledged to me that the City of Meridian executed the same. IN WITNESS WBEREOF. I have hereunto set wy hand and affixed ltly official seal the day and year first above written. SEAL NOTARY PUBUC FOR IDAHO RESIDING AT no MY COMMISSION EXPlRES STATE OF .) : ss. County of ,) On this ~ day of rYItt rr ~ .----> 20.0 r...( ~ before me. the undersigned, a Notary Public in and for said State. personally appeared { re.1.l or Co Ro b.- y- {, S ~ and known to me to be the President and Secretary of Great Sky Inc., and who executed the within instrument on behalf of said corpomtio~ and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF. 1 have hereunto set my hand and afftxed my official seal the day and year first above 'Written. ..... D. 2 at... ++~~"B. ~... 0& ",,' _----_ .. .-A> - - .. It.~ 0 TA..2?;>~~. : J...f'SBAL -r \z~ ,.>1 *** \ Ii . · I Ii 1& I I .. . \ / iii .. \ / iii .. ' ~ . .. d'.l;-~'\.S:<f'... .. ..-;~oiiP ;:.. ....R...... ~;M' '6~~~ NOTARYPUBLICFO IDAHCjJ RESIDlNO AT ~ I c,-€,) . . MY COM:MISSIO EXPIRES l / - 0 1- 0 to STREET UGHT AGREEMENT Page 3 ( l, April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. (s;-u REQUEST Franklin Road Re-BuiJd Project - Sewer & Water Change Order Authorization 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: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. o 1 2004 City of Meridian Public Works Dept. City Of Meridizul City Clerk Office Memo To: Mayor de Weerd & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 4/1/04 Re: April 6 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following items be placed on the April 6 City Council agenda, on the Consent Agenda, for Council's consideration: Franklin Road Ra-build Proiect - Sewer & Water Change Order Authorization. The City Council approved a Joint Effort Agreement with Ada County Highway District for this project on October 7, 2003. This agreement provides for water and sewer installation within the project by ACHD's contractor with reimbursement from the City. The total contract amount for water improvements is $514,138 and $355,819 for sewer improvements including change order (C.O.) #1. City Council authorized these expenditures to ACHD on January 27,2004. However, I gave you the wrong totals. The correct contract totals are as shown in the table below. Contract amount authorized by Council 1/27/04 incl. C.O. #1 Corrected Original Contract amount incl. C.O.#1 Water $514,138.00 $505,738.00 Sewer $355,819.00 $381,944.31 Total $869,957.00 $887,682.31 Pro osed Chan Orders C.O. #7: Upsize water main to 12" $61,271.30 between E. 2nd and E. 5th C.O. #9: New service to C. of $1,925.00 C./Restroom Buildin New Proposed Contract Amount: $568.934.30 $381.944.31 $950.878.61 Note: C.O.'s #2 - #6, #8, #10 have either been no cost changes or refused by City. . Page 1 r I am requesting that: 1) Council approve the corrected original contract total and 2) Council approve C.O.'s #7 and #9 as listed in the preceding table. C.O. #7 will upsize the main between E. 2nd and E. 5th Street allowing better fire flow to the 'Old Town' area. A portion of this change order will be paid for by the Urban Renewal Area budget item (#3410-93510). C.O. #9 cleans up the previously gerry-rigged water service to the Chamber of Commerce/Storey Park restroom building. Recommended Council Action: Authorize the water and sewer revised contract amount and change orders #7 and #9 for the Franklin Road re-build project in accordance with the previously approved Joint Effort Agreement with Ada County Highway District. Thank you for your consideration. . Page 2 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. [9.\/ REQUEST Victory Road Construction Change Order for Irminger Construction 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 ~ Mf Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. APR 0 1 200'f City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady ~.i. CC: Gary Smith Date: 4/1/2004 Re: Proposed Agenda Items for April 6, 2004 City Council Meeting ~ The Public Works Department respectfully requests the following item(s) be placed on the April 6 City Council consent agenda: Victory Road Construction Chanqe Order for Irminqer Construction Attached is CO #1 (final) for $8,505.00 for additional work required on Victory Road. Most of the additional costs is a result of a design change which required the waterline to be installed considerably deeper at the Eagle Road intersection. This was made evident during the project when ACHD supplied future plans for the Victory Road/Eagle Road intersection. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (final) for $8,505.00 with Irminger Construction for additional costs required to install the water main on Victory Road deeper and authorize the Mayor to sign it. Victory Road Desion Change Order for Civil Survey Attached is proposal for and additional $2,000 for Civil Survey for the additional work described above. With approval of the proposal, the contract price will be $15,110.00. Recommended Council Action: The Public Works Department recommends that City Council approve the change to Civil Surveys Contract for $2,000 for additional design work on the Victory Road water project and authorize the Mayor to sign it. Well 20B Desion Contract with CH2MHiII Attached is a contract with CH2Mhill for design of the Well 20B expansion. This will be a building extension to the north. Backup power generation will be provided for the new well. The contract is for T&M not to exceed $40,800. CH2Mhill designed the original building. From the desk of. _. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $40,800.00 with CH2MHiII for design of Well20B expansion and authorize the Mayor to sign it. Test Well #26 Oversight with Hydro Logic Attached is a contract with Hydro Logic for design and oversight of Test Well #26 located near McMillan and Locust Grove. The contract is for T&M not to exceed $20,625.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $20,625.00 with Hydro Logic for design and oversight of Well #26 oversight and authorize the Mayor to sign it. Well #208 Oversiqht with Hydro Logic Attached is a contract with Hydro Logic for design and oversight of Well #208, which will be adjacent to Well #20. The contract is for T&M not to exceed $23,490.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,490.00 with Hydro Logic for design and oversight of Well #208 oversight and authorize the Mayor to sign it. Lift Station SCADA Installation with Custom Electric Attached is a contract with Custom Electric for purchase and installation of telemetry for 5 lift stations and one set of spares. The contract is for T&M not to exceed $23,700.00. Custom Electric installed telemetry at Ashford Greens last year as a test of their system. The system has worked as designed. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,700.00 with Custom Electric for purchase and installation of telemetry for 5 lift stations and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 CHANGE ORDER NO.1 No.1 DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Meridian CONTRACTOR Irminaer Construction Contract: Victory Road Waterline ENGiNEER City of Meridian You are directed to make the following changes in the Contract Documents: Description: Lower the waterline approaching Eagle Road. Also, relocate waterline to avoid gas main and delay for phone line not shown properly on plans. Reason for Change Order: Additional cost for work described above. Attachments: (List documents supporting change): Attachment "A" CHANGE IN CONTRACT PRICE: Original Contract Price $ 122,532.0040 Net Increase (Decrease) from previous Change Orders No. - to - $ None Contract Price prior to this Change Order: $ 131.037.00 Net increase (decrease) of this Change Order: $ 8,505.00 Contract Price with all approved Change Orders: $ 131,037.00 Date: 'f If / t:> i , I EJCDC 1910.8-8 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. - Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) APPROVED: By: Mayor De Weerd Date: Attest: William Berg Jr., City Clerk April 1 ,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. (! ~uJ REQUEST Victory Road Design Change Order for Civil Survey 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 I RRIGA TION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emaifed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( To: Brad Watson From: Lenard Grady ~ j CC: Gary Smith Date: 4/1/2004 Re: Proposed Agenda Items for April 6, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the April 6 City Council consent agenda: Victory Road Construction Chanqe Order for Jrminqer Construction Attached is CO #1 (final) for $8,505.00 for additional work required on Victory Road. Most of the additional costs is a result of a design change which required the waterline to be installed considerably deeper at the Eagle Road intersection. This was made evident during the project when ACHD supplied future plans for the Victory Road/Eagle Road intersection. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (final) for $8,505.00 with Irminger Construction for additional costs required to install the water main on Victory Road deeper and authorize the Mayor to sign it. ":Jt Victory Road Desion Chanoe Order for Civil Survey Attached is proposal for and additional $2,000 for Civil Survey for the additional work described above. With approval of the proposal, the contract price will be $15,110.00. Recommended Council Action: The Public Works Department recommends that City Council approve the change to Civil Surveys Contract for $2,000 for additional design work on the Victory Road water project and authorize the Mayor to sign it. Well 20B Design Contract with CH2MHiU Attached is a contract with CH2Mhill for design of the Well 20B expansion. This will be a building extension to the north. Backup power generation will be provided for the new well. The contract is for T&M not to exceed $40,800. CH2Mhill designed the original building. From the desk oE .. Lenard Grady Staff Engineer Meridian Public Works Departmenl 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898.9551 gradyl@meridiancity.org Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $40,800.00 with CH2MHiII for design of Well208 expansion and authorize the Mayor to sign it. Test Well #26 Oversiqht with Hvdro Loqic Attached is a contract with Hydro Logic for design and oversight of Test Well #26 located near McMillan and Locust Grove. The contract is for T&M not to exceed $20,625.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $20,625.00 with Hydro Logic for design and oversight of Well #26 oversight and authorize the Mayor to sign it. Well #208 Oversight with Hvdro Logic Attached is a contract with Hydro Logic for design and oversight of Well #208, which will be adjacent to Well #20. The contract is for T&M not to exceed $23,490.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,490.00 with Hydro Logic for design and oversight of Well #208 oversight and authorize the Mayor to sign it. Lift Station SCADA Installation with Custom Electric Attached is a contract with Custom Electric for purchase and installation of telemetry for 5 lift stations and one set of spares. The contract is for T&M not to exceed $23,700.00. Custom Electric installed telemetry at Ashford Greens last year as a test of their system. The system has worked as designed. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,700.00 with Custom Electric for purchase and installation of telemetry for 5 lift stations and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 Glenn K. Bennett, P.L.S. Presi dent Civil Survey Consultants, Inc. 100 South Adkins Way Suite I 0 1 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, P.E. Vice President March 19, 2004 Len Grady City of Meridian 660 E. Watertower Meridian,ID 83642 Re: Victory Road Water Line Dear Len: As you know the Victory Road Water Line Project has seen a number ofrevisions and modifications requested by Meridian to accommodate the ongoing needs of new developments in the area. These changes have resulted our work eff0l1 exceeding the current design budget. Therefore, I am requesting an increase of $2,000.00 for a total revised contract amount of $15,110.00. Tins requested supplement will cover all work through preparation of record drawings, unless the project scope changes again. Sincerely, Civil Survey Consultants, Inc. ~~ Tim Burgess, P.E. April 1. 2004 MERIDIAN CITY COUNCil MEETING APPLICANT REQUEST Well 208 Design Contract with CH2MHILL April 6. 2004 ITEM NO. (g-y. 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 g/ Mf Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. :L. To: Brad Watson From: Lenard Grady ~.,.g CC: Gary Smith Date: 4/1/2004 Re: Proposed Agenda Items for April 6, 2004 City Council Meeting The Public Works Department respectfully requests the following item{s) be placed on the April 6 City Council consent agenda: Victory Road Construction ChanQe Order for Irminqer Construction Attached is CO #1 (final) for $8,505.00 for additional work required on Victory Road. Most of the additional costs is a result of a design change which required the waterline to be installed considerably deeper at the Eagle Road intersection. This was made evident during the project when ACHD supplied future plans for the Victory Road/Eagle Road intersection. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (final) for $8,505.00 with Irminger Construction for additional costs required to install the water main on Victory Road deeper and authorize the Mayor to sign it. Victory Road DesiQn ChanQe Order for Civil Survey Attached is proposal for and additional $2,000 for Civil Survey for the additional work described above. With approval of the proposal, the contract price will be $15,110.00. Recommended Council Action: The Public Works Department recommends that City Council approve the change to Civil Surveys Contract for $2,000 for additional design work on the Victory Road water project and authorize the Mayor to sign it. ~ Well 20B Design Contract with CH2MHilI Attached is a contract with CH2Mhill for design of the Well 20B expansion. This will be a building extension to the north. Backup power generation will be provided for the new well. The contract is for T&M not to exceed $40,800. CH2Mhill designed the original building. From the desk of. .. Lenard Grady Staff Engineer Meridian Public Works Departmenl 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208)898-9551 gradyl@meridiancity.org Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $40,800.00 with CH2MHiII for design of Well20B expansion and authorize the Mayor to sign it. Test Well #26 Oversight with Hydro Logic Attached is a contract with Hydro Logic for design and oversight of Test Well #26 located near McMillan and Locust Grove. The contract is for T&M not to exceed $20,625.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $20,625.00 with Hydro Logic for design and oversight of Well #26 oversight and authorize the Mayor to sign it. Well #208 Oversiqht with Hydro Loqic Attached is a contract with Hydro Logic for design and oversight of Well #208, which will be adjacent to Well #20. The contract is for T&M not to exceed $23,490.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,490.00 with Hydro Logic for design and oversight of Well #208 oversight and authorize the Mayor to sign it. Lift Station SCADA Installation with Custom Electric Attached is a contract with Custom Electric for purchase and installation of telemetry for 5 lift stations and one set of spares. The contract is for T&M not to exceed $23,700.00_ Custom Electric installed telemetry at Ashford Greens last year as a test of their system. The system has worked as designed. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,700.00 with Custom Electric for purchase and installation of telemetry for 5 lift stations and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 (/ , CH2M HILL 700 Clearwater Lane Boise, 10 CH2MH~lL 83712-7708 P.O. Box 8748 Boise, 10 March 17,2004 83707-2748 Tel 208.345.5310 Fax 208.345.5315 Len Grady, Staff Engineer Public Works Department City of Meridian 660 E. Watertower Ste. 200 Meridian, ID 83642 Dear Len: Subject: Design Services for Expansion of Well No. 20 Enclosed is our Task Order which outlines our proposed scope of work and budget to provide the City with design services for the expansion of Well No. 20. The purpose of the project is to add a second well at this location. The new well will be housed in an expansion to the north of the existing pump station. We are proposing to do this work under our Miscellanous Engineering Services Agreement with the City. We understand that the City is currently in the process of gaining site approval from the Deparhnent of Environmental Quality, (DEQ) to drill the second well and will also be working with the City's hydrogeologist to prepare to drill the new welL Once the site has been approved by DEQ, the City will undertake the relocation of the existing buried 10-inch well discharge line to the reservoir and, if needed, relocate the existing generator to the north in order to drill the well. Final pump sizing and mechanical layout will be based on the results of the well pump t:st by the City's Hydrogeologist Our proposed project manager is Dennis Galinato. Dennis was involved in the previous concept development task. Dermis will serve as your primary point of contact for the project and will be supported by our design delivery team. I will be providing senior review for the project along with Eric Schulz/Electrical, Kent Soelburg/Struchlral and Larry Fettkether /MechanicaL If our proposal is acceptable please sign the two copies and rehun one to our office. We are prepared to begin work upon the City's Notice to Proceed and look forward to the opporhmity to assist the City with this project. Len Grady Page 2 March 17, 2004 If you have questions, please do not hesitate to call. Sincerely, CH2M HILL U~ John Wiskus, PE ~~ David Stangel, PE Water Business Group Lead Task Order No.2 Final Design Services for Expansion of Well No. 20 City of Meridian, Idaho This Task Order No.2 is made this _ day of ,20041 by and between the City of Meridianl Idaho, r/CLIENTff) and CH2M HILL pursuant to the terms and conditions set forth under a Miscellaneous Engineering Services Agreement executed between the parties on July 16/ 1993. Background The City of Meridian would like to develop an additional source of supply at the Ustick Reservoir and Pumping Station site. The project site is located northwest of the intersection of Meridian Road and Ustick Road. Previous hydrologic investigations by the City have identified the potential to drill a second well at this site to develop additional water supply for the City. The proposed well would be configured to pump directly into the City distribution system on Meridian Road. A concept development plan was previously prepared under Task Order No.1, which identified two approaches to add a second well at this location. One approach consisted of expanding the existing pump station to house the new well. The second approach involved the construction of a separate well house on the site. Following the completion of the concept development plan, the City elected to expand the existing pumping station to house the new well. The purpose of this Task Order No.2 is to design the expansion of the existing pump station as outline in the Technical Memorandum entitled Expansion of Well No. 20, dated February 20,2004. Project Design Assumptions 1. The new well will be housed in an expansion of the existing pumping station. 2. The expansion of the pumping station and new generator will be contained within the existing security fencing on the site. 3. The new supply well will be configured to pump directly into the distribution system on Meridian Road via an existing 16-inch diameter line that is stubbed into the east side of the site. 4. The new pumping facility will include a standby diesel generator. 5. The anticipated design target flow for the well is 2/000 gpm. 6. Minimum separation between the existing welJhead and the proposed wellhead is 20 feet. PAGE 1 OF5 Task Order No.2 Final Design Services for Expansion of Well No. 20 CITY OF MERIDIAN, IDAHO 7. The City's Hydrogeologist will be preparing plans and specifications to drill the new well and submitting the well site evaluation checklist to IDEQ. 8. The method of drilling the new well will be reverse rotary or mud rotary. 9. The minimum setback from the face of the existing pump station to drill the well is 10 feet. 10. The City will coordinate and make arrangements to relocate the existing buried lO-inch discharge line from Well20A outside the foot print of the proposed building expansion as outlined in the Teclmical Memorandum Expansion of Well No. 20, dated February 20, 2004. 11. The City will coordinate and make arrangements to relocate the existing standby generator system outside the foot print of the proposed building expansion as outlined in the Teclmical Memorandum Expansion of Well No. 20, dated February 20,2004. 12. The architecture of the building expansion will match the existing pump station to the extent that like materials are available. 13. The expansion of the existing pump station will require that the City request new electrical service from Idaho Power Company including a pad mormted transformer to serve the site. 14. The City will upgrade and expand the existing SCADA/RTU to accommodate the new well inputs/ outputs. CH211HILL will provide for field instruments and interfaces, wired back to the RTU for City termination and control. The services to be performed by CH2M HILL rmder this Task Order are as follows: Scope of Work 1. Conduct a brief field survey to locate the new wellhead, existing distribution line on the east side of the site coming from Meridian Road, and other site features such as the new fence and curbing within the project site. :Results of the survey will be incorporated into the existing site base map. 2. Conduct an electrical field site visit to coordinate the existing generator relocation and the demolition of the existing electrical system, and coordinate an electrical service upgrade with Idaho Power Company for the site. PAGE2DF5 Task Order No.2 Final Design Services for Expansion of Well No. 20 CiTY OF MERIDIAN, IDAHO 3. Confirm design flow rate and wellhead completion details with the City's H ydrogeologist. 4. Prepare detailed plans and specifications for the expansion of the existing pumping facility to house the proposed Well20B. 5. Prepare a detail cost opinion. 6. Project management and QA/ QC. Deliverables 1. Provide two sets of review documents for the City at the 30 percent complete. 2. Provide four sets of review documents for City and DEQ at the 90 percent complete. 3. Provide one reproducible set of plans and specifications at he 100 percent complete for City to bid the project. 4. Provide detailed cost opinion at 100 percent complete. Project Schedule We are prepared to begin work :immediately and anticipate completing the design within 60 days of the completion of the well drilling and pump testing by the City's hydrogeologist. Review and approval by the Idaho Department of Enviromnental Quality may take up to 30 days following completion of the design. PAGE 3 OF 5 Task Order No.2 Final Design Services for Expansion of Well No. 20 CITY OF MERIDIAN, IDAHO Project Budget Time and materials with a maximum not to exceed $40,800 without written authorization from the City. Budget Breakdown Summary Task Labor Labor Expense Total Hrs Cost Cost Cost Survey and Mapping 1. Survey 18 $1,517 $384 $1,901 Subtotal 18 $1,517 $384 $1,901 Electrical Reconnaissance 1. Electrical Site Visit!IPCO 30 $3,732 $215 $3,947 Subtotal 30 $3,732 $215 $3,947 Final Design 1. Hydro-geologist Coordination 6 $646 $35 $681 2. Civil & Yard Piping Design 22 $2,100 $130 $2,230 3. Mechanical and BV Design 40 $3,649 $236 $3,885 4. Structural Design 46 $3,701 $271 $3,973 5. Architectural Design 40 $3,570 $236 $3,806 6. Electrical! I&C Design 64 $7,477 $378 $7,854 7. Contract Document 56 $4,908 $530 $5,438 8. Cost Opinion 16 $1,304 $94 $1,398 9. QA/QC Reviews 12 $1,643 $71 $1,713 10. Project Management 38 $3,749 $224 $3,974 Subtotal 340 $32,747 $2205 $34,952 Total 388 $37,996 $2,804 $40,800 PAGE40F5 Task Order No.2 Final Design Services for Expansion of Well No. 20 CLIENT: City of Meridian Signature Name (printed) Title Date PAGE50F5 CITY OF MERIDIAN, IDAHO CH2M HILL I INC.: ~~~ Signature ~\~ S\CA~J Name (printed) lU~b L.c,q 2- Title 3/,7/DL{ . t Date April 1 ,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. ~~y REQUEST Well #2GB Oversight with Hydro Logic 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 ~ . .# fB (PI' ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CJty of Meridian. To: Brad Watson From: Lenard Grady ~ ~ CC: Gary Smith Date: 4/1/2004 Re: Proposed Agenda Items for April 6, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the April 6 City Council consent agenda: Victory Road Construction Chanqe Order for Jrminoer Construction Attached is CO #1 (final) for $8,505.00 for additional work required on Victory Road. Most of the additional costs is a result of a design change which required the waterline to be installed considerably deeper at the Eagle Road intersection. This was made evident during the project when ACHD supplied future plans for the Victory Road/Eagle Road intersection. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (final) for $8,505.00 with Irminger Construction for additional costs required to install the water main on Victory Road deeper and authorize the Mayor to sign it. Victory Road Desion Chanqe Order for Civil Survey Attached is proposal for and additional $2,000 for Civil Survey for the additional work described above. With approval of the proposal, the contract price will be $15,110.00. Recommended Council Action: The Public Works Department recommends that City Council approve the change to Civil Surveys Contract for $2,000 for additional design work on the Victory Road water project and authorize the Mayor to sign it. Well 20B Desion Contract with CH2MHiII Attached is a contract with CH2Mhill for design of the Well 208 expansion. This will be a building extension to the north. Backup power generation will be provided for the new well. The contract is for T&M not to exceed $40,800. CH2Mhill designed the original building. From the desk of. . Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $40,800.00 with CH2MHiII for design of Well20B expansion and authorize the Mayor to sign it. Test Well #26 Oversiqht with Hvdro Loqic Attached is a contract with Hydro Logic for design and oversight of Test Well #26 located near McMillan and Locust Grove. The contract is for T&M not to exceed $20,625.00 ~ Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $20,625.00 with Hydro Logic for design and oversight of Well #26 oversight and authorize the Mayor to sign it. Well #208 Oversight with Hvdro Logic Attached is a contract with Hydro Logic for design and oversight of Well #208, which will be adjacent to Well #20. The contract is for T&M not to exceed $23,490.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,490.00 with Hydro Logic for design and oversight of Well #208 oversight and authorize the Mayor to sign it. Lift Station SCADA Installation with Custom Electric Attached is a contract with Custom Electric for purchase and installation of telemetry for 5 lift stations and one set of spares. The contract is for T&M not to exceed $23,700.00. Custom Electric installed telemetry at Ashford Greens last year as a test of their system. The system has worked as designed. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,700.00 with Custom Electric for purchase and installation of telemetry for 5 lift stations and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. .. Page 2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of April in the year 2004 by and between City of Meridian, Ada County, Idaho (hereinafter called OVVNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes securing regulatory approvals, well design, drilling oversight, construction inspec;tion, hydraulic testing, water-quality sampling, and developing a final report for City supply well number 20-B. The Project for which the Work under the Agreement is described as follows; Geotechnical Services for We1l20-B. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONSULTANT will be familiar with the specifications. Article 2 ENGJNEER The City of Meridian Public Works Department will be the ENGINEER The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within one hundred twenty (120) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. O\VNER will pay CONSULTANT for completion ofthe Work in current funds as follows: Total Contract Price is $23, 490.00. Article 5 PAYMENT PROCEDURES. The CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Department, on or about the l~th day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 4/1/2004 Page 1 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Proj ect, whichever is less. Article 7 CONSULTANT'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONSULTANT makes the following representations: 7.1 The CONSULTANT has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSULTANT has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereofby ENGINEER is acceptable to CONSULTANT. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - Attachment A = Cost spreadsheet and Attachment B = Work tasks narrative. 8.3 Information for Bidders - N/A. 8.4 Drawings - N/A. 8.5 CONSULTANT's Quote _31st of March, 2004. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONSULTANT prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect ofthis restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 4/1/2004 Page 2 9.2 O\VNER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. 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Mr. Lenard Grady Public Works Department City of Meridian 600 East Watertower Meridian, Idaho 83642 Regulatory Approvals, Well Design, Drilling and Construction Inspection Services, Geotechnical Services, Hydraulic Testing, Water Quality Sampling, and Final Completion Report for the Proposed City of Meridian's # 20-B Municipal Water Supply Well Dear Len: I have developed a scope of work, and estimated costs to work with you on the technical specifications, well design, drilling, construction, development, and hydraulic testing of a new City water supply well. We understand that finished water-quality is a major concern of the City and this proposal is directed toward developing a highly productive well with the best water- chemistry available. I have tabulated the costs to complete the work as a single project on the attached spread sheet. The cost estimates are considered maximum amounts and I would recommend a 10 percent contingency owing to the inherent unknowns of subsurface exploration and drilling. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The following narratives correlate with the spreadsheet tasks to explain, in more detail, the scope of work. Evaluation of Test-Well #20 Water Quality and Hydrogeologic Framework The available data from the existing #20 test-well will be reviewed and synthesized. In addition, the four piezometers of the existing test-well will be pumped and Ie-sampled as a confirmation of the original sampled water chemistry and to explore for any changes that may have occurred. The water chemistry results will be reviewed and interpreted before a short letter report is developed with conclusions and recommendations for the target aquifer zone for the new well. Regulatory Submittals/W ell Site Approval This task includes obtaining, compiling, and review of all available information including Driller's Reports, water quality, water-levels, well location, nearby sources of pollution, existing City water rights files, and other site characteristics. This information will be used in filings for drilling permits and DEQ site approval (including a preliminary check-list). Digline will be contacted for buried utilities. The water rights application has already been filed with, and approved by, IDWR. Technical Well Drilling Specifications and Bid Documents. Contractual agreements, specifications and bid documents for the mud-rotary drilled supply well will be developed. A public drinking water system submittal to DEQ for well site and well- construction approval will be executed with three stamped sets of plans but I have included this in the Regulatory approvals. Project Coordination With Staff, Driller, and City. This includes staff briefings, pre-construction conference, meetings at the City, fielding technical questions from bidders, calls to and from the driller during the work, e-mails, transrnittalletters, contractor invoice review and reconciliation with site-measured quantities, and faxes to the City over the entire length of the project and as the project progresses. On Site Well Drilling and Surface Seal Oversight. This task includes inspection and measurement of the drillers tools, vigilant disinfection methods for all down hole tools and materials, on-site observation of the surface seal casing depth and verification of the surface seal according to ID\VR rules and the City's specifications. GeolQgist to be on site during the last portion of the pump-chamber casing bore to verify that the geologic section is the same as the test-well and to arrest drilling at the selected seal location. This task includes the design and oversight of the drilling, on-site logging of the drill cuttings, sand- sieving of aquifer sands, and plotting of grain-size percentage plots for screen-slot size and filter sand gradation selection. Borehole Geophysics This is a provision to run borehole geophysical logs in the supply well should it be deemed necessary; for example if the supply well lithology appeared different from the test-well lithology or ifvoids are suspected. This provision includes site-calibrated natural gamma-ray, single-point resistance, 16/64" normal resistivity, caliper, and temperature logs. Includes 3 clean strip chart copies with headers, all scheduling, and trained geophysicist oversight during logging operations. Final Well Design. Sieve analyses of target aquifer sands will be conducted and a graphic lithologic log win be constructed from cuttings and compared and interpreted with respect to geophysical logs of the test-well. Geophysics will be interpreted to most accurately place aquifer/aquitard units with respect to screen locations and optimum yield. 2 Casing, Seal, Well ScreenfFilter Sand Installation Oversight. On site inspection services to include installation and centralization of the PVC casing including observation and documentation of the full-depth surface seal and centralizing staves, and splined joints. Well screen, packer reducer assembly, and filter sand specifications will be verified and measurements taken for as-built construction drawings. All installation depths and volumetric calculations will be observed and documented on site. Hydraulic Testing, Well Development, and Sampling This task includes the design, coordination, and observation of well development techniques along with the installation of the packer-reducer assembly and well head flange. Pumping test design and scheduling for constant-discharge and stepped-discharge testing periods, to include pump-setting, HP, discharge considerations, and measuring/sampling ports. We will oversee the testing which may include some development testing, stepped-discharge testing, and constant- discharge testing. Turbine lubrication oil will be removed from the well after testing. We will conduct the required DEQIUSEPA water quality sampling for Public Drinking Water Systems including delivery to the. lab of City's choice and on-site supervision, sampling protocol, and pump-sampling equipment. Field-measured parameters of temperature, pH, conductivity, and sand content are to be measured. Laboratory costs for water analyses are not included in our cost estimate. Down Hole Camera Survey and Well Disinfection. This task includes disinfection of the completed well and scheduling , on-site observation, and review of a down hole camera survey of the completed well. Includes field notes and archive quality videotape delivered to the City with back-up copy kept at Hydro Logic, Inc. Final Report and Regulatory Submittals. A fmal comprehensive report to the City will be prepared and a final DEQ Checklist will be submitted. This task includes consolidation of all pertinent documentation, sketches, diagrams, plots, letters, permits, and regulatory submittals into a bound document for future reference. DEQ submittals will be coordinated with the City and include all necessary revisions etc. Respectfully submitted by: Edward Squires Hydro Logic, Inc. 2:) . r 3 Aprill,2oo4 MERIDIAN CITY COUNCiL MEETING APPLICANT April 6, 2004 ITEM NO. &~~ REQUEST Lift Station SCADA Installation with Custom Electric 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. To: Brad Watson From: Lenard Grady ~ 1. CC: Gary Smith Date: 4/1/2004 Re: Proposed Agenda Items for April 6, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the April 6 City Council consent agenda: Victory Road Construction Chanqe Order for Irminqer Construction Attached is CO #1 (final) for $8,505.00 for additional work required on Victory Road. Most of the additional costs is a result of a design change which required the waterline to be installed considerably deeper at the Eagle Road intersection. This was made evident during the project when ACHD supplied future plans for the Victory Road/Eagle Road intersection. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (final) for $8,505.00 with Irminger Construction for additional costs required to install the water main on Victory Road deeper and authorize the Mayor to sign it. Victory Road Desiqn Chanqe Order for Civil Survev Attached is proposal for and additional $2,000 for Civil Survey for the additional work described above. With approval of the proposal, the contract price will be $15,110.00. Recommended Council Action: The Public Works Department recommends that City Council approve the change to Civil Surveys Contract for $2,000 for additional design work on the Victory Road water project and authorize the Mayor to sign it. Well 20B Desion Contract with CH2MHiII Attached is a contract with CH2Mhill for design of the Well 20B expansion. This will be a building extension to the north. Backup power generation will be provided for the new well. The contract is for T&M not to exceed $40,800. CH2Mhill designed the original building. From the desk of... Lenard Grady StaifEngineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 grady1@meddiancity.org ( Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $40,800.00 with CH2MHiII for design of Well208 expansion and authorize the Mayor to sign it. Test Well #26 Oversight with Hvdro Logic Attached is a contract with Hydro Logic for design and oversight of Test Well #26 located near McMillan and Locust Grove. The contract is for T&M not to exceed $20,625.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $20,625.00 with Hydro Logic for design and oversight of Well #26 oversight and authorize the Mayor to sign it. Well #208 Oversiqht with Hvdro Loqic Attached is a contract with Hydro Logic for design and oversight of Well #208, which will be adjacent to Well #20. The contract is for T&M not to exceed $23,490.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,490.00 with Hydro Logic for design and oversight of Well #208 oversight and authorize the Mayor to sign it. ~ Lift Station SCADA Installation with Custom Electric Attached is a contract with Custom Electric for purchase and installation of telemetry for 5 lift stations and one set of spares. The contract is for T&M not to exceed $23,700.00. Custom Electric installed telemetry at Ashford Greens last year as a test of their system. The system has worked as designed. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,700.00 with Custom Electric for purchase and installation of telemetry for 5 lift stations and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. .. Page 2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day o( in the year 2003 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hoffinan's Landscaping Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes purchase and installation of SCADA equipment for 5 lift stations and one set of spares. The Project for which the Work under the Agreement is described as follows: 2004 Lift Station SCADA. AIl replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Wark in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within ninty(30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $23,700.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Warks Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the W orIc, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 3/31/2004 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department 'WIitten notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/ A. 8.3 Information For Bidders - N/A. 8.4 Drawings - N/A. 8.5 CONTRACTOR's Quote - 21 August, 2003. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect oftills restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 3/31/2004 Page 2 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counte11Jart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on April 12, 2004. Owner CITY OF MERIDIAN Contractor Custom Electric ~......- By: Name: Mavor De Weerd By Attest: Name: William Berg, JI. City Clerk Attest: 3/31/2004 Page 3 l u- LUU~ \ U ~ W. \ \ M. C~,'\~\Ic tLtC~R \ C 1i'2\J~ 30) 210~ .e 0 8 0 g ~ ci 0 If) $ 6 ~ 'l- -- , ',<-, ih 8 ~ :;:. 0 - 'iir 0 ~ 0 ~ Q) ,2 c :0 -;... 2:~ ? ~ o..ll.- 0... >- 8b; c <.9 .~ "E. U)N :g If)~ (11 cb\ Q) C 0)';0 ~ 3 ro<:O ~ " ~ c:f. ~ t ,. ..x. ~ 1::O~"t tO~\::. . r--.I.OM 0: .~ ~'6 .E ~~;tt: '"' cO ~ ~ (.) o~.s ,_ IN to) U "- ~ t.) t:- '0 i~!::lt: ~Ui~o~8 W otoo~"'" .t:ot-;:>(\J E~~~g'\ 2 l ::It> Mt '% - '1\ ~ lj) tl. U1 ...., E 0 0 ':l8E ~~~ t) ~ \.U f 'E. ".2 _'-'"'<.'7 ~. ~ '\ o ,'1 t"l ;':L\ ~ ~ ;"\:\ ~ ~~.l~~\ to ..,j-:,C: '2 C? ,I..'l, .0 N ,,'I< Q) N ,.'/. u.. iri ";~;;:1. . ~ .', ~ ~ ~ t:n o 10 c ~ 1~ ~t5 '{5~ ('07.~C . ~ .9l -g .- ~ ~~~~% g ~ .- , 0 __~Ol;:>' (j) o ,S 0 -g :0 ':.0 S::::to$ ,9. ro -0 c '0 .- -o~c~c:.$(I1 ~Q)(I1ero:)~ ...... tnO> .g-O c: ~ ,S 0 ~ ,- gSE'O.C~::: tIS ::JOCo.>tI1 _ 0 ~.... Q) W C (J)....\I}~t:VO ~ Q) p-..t:. (11'~ ':e.: ,';J 5 .s-o'" . -0 -0" 'ti) .~ 6. ~ ?: ~ '2 1Q:;;)~0a::-€ . ~Eo..J"6~-S Q) % ~ 0... Co -e. 0- ~oBi.g~"% ,s-otllrot:. ::;>o....n}'Z.::::~-o .....Q)~-c.SIflC oU')?<l.lU'lIfl<<l '; 0 $ -0 ,S 0 .~ 0:.0 c c (l):.o~ 't: ('0 0 0 :e ro g- o.. cL () ~ cf) a: .- 208 3SS 2'768 . -: ~ PRGE..0i April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. U'" AA REQUEST Scoping Study -- WWTP Backup Power Main Feed with DC Engineering AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~.~ tvf1 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. eEl E 2 Memo CITY OF MERIDIAN I-I "If e\ l:::'Rl/ r1crtr. j ~./" t 1 \ i'\ ~ .!, ",.- ~ , To: Brad Watson From: Lenard Grady I~ CC: Gary Smith Date: 3/25/2004 Re: Proposed Agenda Items for March 30, 2004 City Council Meeting t The Public Works Department respectfully requests the following item(s} be placed on the March 30 City Council consent agenda: Scoping Study - WWTP Backup Power Main Feed with DC Enqineering Attached is a proposal from DC Engineering to evaluate the feasibility of installing plant-wide backup power. Some of the existing smaller gensets could be relocated at well sites. The study will also evaluate the feasibility of selling power back to IPCO. The proposal jf for T&M not to exceed $5,000. Recommended Council Action: The Public Works Department recommends that City Council approve the proposal for $5,000.00 with DC Engineering for a scoping study to evaluate the feasibility of primary backup power at the WWTP and authorize the Mayor to sign it. Well 26 Desiqn and Construction Services with Civil Enqineerinq Attached is a proposal from Civil Survey for design and construction services of future well 26 located on Locust Grove south of Chinden. The proposal if for T&M not to exceed $23,580. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,580.00 with Civil Survey for design and construction services on Well 26 and authorize the Mayor to sign it. Well 26 Test Well Oversight with Hvdro Loqic Attached is a contract with Hydro Logic for oversight of drilling of Well 26 test well. The proposal if for T&M not to exceed $22,230.00. From the desk of... Lenard Grady StalTEngincer Meridian Public Works Department 660 E. Watertower, Suile 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $22,230.00 with Hydro Logic for construction services on Well 26 test well and authorize the Mayor to sign it. Installation of Security Enclosures for Test Wells with Hvdro Loqic Attached is a contract with Hydro Logic for retrofitting of security enclosures for test wells.17, 18, 19, and 21. These structures help prevent tampering with the test wens and potential contamination of the aquifers. The contract if for $10,400.00. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $10,400.00 with Hydro Logic for installation of Security Enclosures for test wells and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 :::;jt:: E/VCi//VEER/NCi 440 E. Corporate Drive Suite 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax: 208.288.2182 March 25, 2004 Mr. Len Grady City of Meridian Public Works 660 E Water tower Suite 200 Meridian, ill 83642 Subject: Meridian Wastewater Treatment Plant Generator Study Mr. Grady, Thank you very much for the opportunity to propose on the Generator Study for the City of Meridian Wastewater Treatment Plant. We have completed a number of studies similar to this. If there are any questions regarding any portion of this proposal, please do not hesitate to give me a call. The followmg is our proposed Scope of Service based on the information that you have provided to us. Project Understanding We understand that this study will include engine driven generation options including estimates for budgeting, pros and cons of each option, life cycle cost, phasing, and growth potential. Specific items to be evaluated are listed below. · Primary power generation with investigation into reselling power to IPea. · Prim~ power generation with investigation into peak load shedding credits from JPca. · Redundant generation including paralleling options for The City of Meridian Wastewater Treatment Plant. · Load study including 20 year anticipated increases are to be considered for generator sizing. · Coordinate willi IPca for generator location options. · Options for Phasing to allow flexibility in construction with consideration to load growth, finances, and redundancy. · Final draft will include budgetary cost for generators, installation, and engineering fees to develop construction documents. The study will be performed on time and material basis not to exceed $5,000 (Five Thousand Dollars). Services will be billed per our standard rate of compensation as follows: · Principal Engineer, PE: $95 per hour · Project Manager: $90 per hour · Engineer: $80 per hour · Designer; $70 per hour · Drafting: $50 per hour DC Engineering · Clerical: $35 per hour · Reimbursable expenses win be billed at costpluslO percent. (For example: reproduction drawings, shipping expenses, etcetera.) Thank you again for the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to ask Sincerely, Accepted by: j1 ;/./"0, ~ Clay Bingham Project Manager Printed Name Title Date 2 DC Engineering April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. L9 -J~ 15 REQUEST Well 26 Design and Construction Services with Civil Engineering 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: NAMP A 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 JVlerii:li~n PuBlic W()fRs ';Degt. " :: "/ .,.'."'..::' "f;" ~<<:' / / " . . :: .' 'lTY OF MERiorAN i~r -,( r FR 1(~ i~~.CCf Me To: Brad Watson From: Lenard Grady IU CC: Gary Smith Date: 3/25/2004 Re: Proposed Agenda Items for March 30, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 30 City Council consent agenda: Scopinq Study - WWTP Backup Power Main Feed with DC EnQineerinq Attached is a proposal from DC Engineering to evaluate the feasibility of installing plant-wide backup power. Some of the existing smaller gensets could be relocated at well sites. The study will also evaluate the feasibility of selling power back to IPCO. The proposal if for T&M not to exceed $5,000. Recommended Council Action: The Public Works Department recommends that City Council approve the proposal for $5,000.00 with DC Engineering for a scoping study to evaluate the feasibility of primary backup power at the WWTP and authorize the Mayor to sign it. %' Well 26 Desiqn and Construction Services with Civil EnQineering Attached is a proposal from Civil Survey for design and construction services of future well 26 located on Locust Grove south of Chinden. The proposal if for T&M not to exceed $23,580. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,580.00 with Civil Survey for design and construction services on Well 26 and authorize the Mayor to sign it. Well 26 Test Well Oversight with Hvdro Logic Attached is' a contract with Hydro Logic for oversight of drilling of Well 26 test well. The proposal if for T&M not to exceed $22,230.00. From the desk of. .. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, [daho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridianciLy.org Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $22,230.00 with Hydro Logic for construction services on Well 26 test well and authorize the Mayor to sign it. Installation of Security Enclosures for Test Wells with Hydro Logic Attached is a contract with Hydro Logic for retrofitting of security enclosures for test wells .17, 18, 19, and 21. These structures help prevent tampering with the test wells and potential contamination of the aquifers. The contract jf for $10,400.00. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $10AOO.00 with Hydro Logic for installation of Security Enclosures for test wells 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. CD Page 2 Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, P.E. Vi ce President March 24, 2004 Len Grady City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Well No. 26 Dear Len: Thank you for considering Civil Survey Consultants to provide professional services required for the construction of new plUnping facilities for Well No. 26. We propose to provide these services based upon the following scope of services: Design Services: 1. Well 26 will be located on the west side Locust Grove Road between approximately If.t mile south of Chinden Boulevard. The site is located adjacent to a new school facility that is currently under construction. Well 26 has not been drilled as of this date. Based upon previous Meridian wells we anticipate a Veliical tmbine pump to be designed for a maximlUTI continuous delivery rate of approximately 2000 gpm with a 125 to 200 horsepower motor. Actual delivery rate and motor size will be detennined based upon well performance and actual head conditions. 2. CSC will provide complete design services required for preparation of plans and specifications for new pumping facilities. The new plUnping facilities will include the following components: a. The well building will be masonry block construction, with allUninlUTI fascia and soffets, and architectural fiberglass shingles. The new building will be approximately 28' wide by 28' long. The generator set will be enclosed in the building. There will not be a separate chlorine room. b. The well will be equipped with a new vertical tmbine pump. The pump will be selected based upon the characteristics of the actual completed well. Motor size is anticipated to be 200 horsepower. An automatic pre-lube system will be provided for the pump column bearings. Grady March 24, 2004 Page 2 of 4 c. The pump motor will be controlled by a Variable Frequency Drive (VFD). Pmnp motor speed will be set to maintain a constant pressure in the discharge piping. d. The well will be equipped with a natural gas powered emergency generator to be located inside the pmnp house. The generator shall be equipped with an automatic transfer switch. e. The construction contract will require that the Contractor install a Radio Telemetry (RTD) Panel to operate the well with the current City system. The R TV pmlel will be furnished by the City. The contract will require the Contractor to install a conduit to suppoli the antemla. The City will install the actual antenna and wiring. The Contract will require the Contractor to install conduit between the RTD and VFD, along with the necessary contacts and wiring for the desired telemetry functions. The City will provide a list of functions to be included, and the type of contact( s) required. f. The building will include heating, ventilation and air conditioning. g. A liquid solution-metering pump will be provided. The pump will be controlled proportional to the flow by a 4-20 ma signal from the flow meter. h. Site improvements will consist of an asphalt driveway and parking area with access off Locust Grove Road. The remainder of the site will be landscaped by others. No improvements to Locust Grove road will be provided under tlus contract. L The site is located adjacent to two irrigation drain ditches both under the jusidiction of the Settlers IrTigation District. One is located along the north edge of the well lot and is piped. The second is approximately 400 feet north of the well site mId is an open ditch. The Consultant shall coordinate with Nathan Draper at the Settlers Irrigation District regarding use of these ditches for flushing the well. The consultant shall design pressure by-pass piping to each location. 4. CSC will submit the completed plans and specifications to the Idaho Department of Enviromnental Quality, the Ada County Highway District, the Settlers Irrigation District mId the Owner for review and approvaL 5. CSC will provide an advertisement for bids for publication by the Owner; mlswer any pre-bid questions; attend the bid opening. CSC will provide the Owner up to 30 copies of plans and specifications for bidding purposes. Grady March 24, 2004 pOage 3 of 4 6. CSC will attend a pre-construction meeting. 7. The Owner will issue the Notice Of Award, Agreement, and Notice To Proceed, and will hffi1-dle all contract administrative work. 80 CSC will begin design upon receipt of a notice to proceed from the City of Meridian and a final pump test results from the completed well. 9. The City of Meridian will perform a hydraulic analysis of the distribution system with their computerized water model and provide CSC with predicted main line pressures at well discharge rates of 500, 1000, 1500, 2000, and 2500 gallons per minute. 10. The City of Meridian will make all arrangements with Idaho Power Company and Intermountain Gas Company for utility service to the well site. Construction Services: 1. CSC will provide complete construction services including coordination between the Owner, Contractor, Sub-contractors and Sub-consultants. 2. CSC will provide construction observation services. 3. CSC will prepare contractor's partial payment estimates for approval by the owner. 4. CSC will review and evaluate the need for change orders during construction and provide a recommendation to the Ov.rner regarding their approval or denial. 5. CSC will conduct the final inspection and assist the owner with project close out. 6. CSC will prepare record drawings for the completed facilities. 7. CSC will conduct a one year warranty inspection. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of$ 16,350.00 without prior approval of the Owner. We propose to provide the ConstrucTion Services as outlined above on a time and materials basis according to the attached rate schedule plus direct expenses and sub-consultant expenses. I estimate the fee for constLUction services will be approximately $ 7,230.00. The above fee estimates are based upon utilizing Mulder Engineering Incorporated for the electrical engineering services and Kartchner Engineering for mechanical services. A copy of our man-hour and fee estimate is attached for your reference. The above fee estimate assumes that Meridian will pay for all costs associated with permits, licenses, testing and publishing costs. Grady March 24, 2004 Page 4 of 4 If the proposed scope of services and fee estiplates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for this project. Sincerely, ~~ Vice President enc. CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 040011 TillS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INe., an Idal10 Corporation, hereinafter referred to as "CSC" is made and entered into this _day of , 2004. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct new pumping facilities at Well No. 26 located on Locust Grove Road approximately y.; mile south of Chinden boulevard. The proposed improvements consist of a new pump house, vertical turbine well pump and motor, electrical conyols, emergency generator, site improvements and appurtenances, 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 expandability needs, any budgetary limitations, and copies of all design and construction stan.dards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsmface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all enviromnental 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 March 24,2004. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated March 24,2004. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND C01\.TDITIONS. IN WITNESS VlHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. wo 10f5 3/25/04 City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 BY: NAME: TITLE: ATIESTBY: NAME: TITLE: APPROVED BY CITY COUNCIL: wo 20f5 Civil Survey Consultants, Inc. 100 South Adkins Way, Suite 101 Medd~ BY: ?~;( L~ Timothy A. Burgess, Vice President 3/24/04 CIVIL SURVEY CONSULTANTS, INe. 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 perfonned 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 lUlderstands 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 geotechnical 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 ofthe professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s), methods of determining prices, or over competitive bidding or market conditions. 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 otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by cse. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to in.demnify and hold CSC 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 CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. wo 30f5 3/24/04 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 maJ.:.e any payment due CSC for services and expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINA TION - The obligation to provide fulwer services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through 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 antidpate either the presence or remediation of hazardous waste and/or 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 termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may malee it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT errc'ourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the enviromnent, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any Claim against esc, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incw-red 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 ansmg out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non,-binding mediation or other mutual1y agreed alternative dispute resolution tecImique. TIle 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 of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC'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 instrwnent signed by both CLIENT and CSC. wo 40f5 3/24/04 Glenn K. Bennett, P,L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-43] 2 Fax 888-0323 Timothy A. Burgess, P.E. Vice Pres ident CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1,2002 Labor: Project Manager Cbief of Surveys Project Engineer Design Engineer Design/Survey Technician 1 Design/Survey Technician 2 - $ 90.00 per hour - $ 90.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 55.00 per houi- Direct Expenses: GPS - $ Vebicle 2-Vlheel Drive - $ Vehicle 4-Wheel Drive - $ Outside Printing -$ Long Distance Telephone - $ Sub-Consultants - $ 40.00 per hour No Charge No Charge Cost Cost Cost WO 5 of 5 3/24/04 April 1 ,2004 MERIDIAN CITY COUNCIL MEEfING APPLICANT REQUEST Test Well #26 Oversight with Hydro Logic April 6, 2004 ITEM NO. 6 oJGG 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. To: Brad Watson From: Lenard Grady ~ 1. CC: Gary Smith Date: 4/1/2004 Re: Proposed Agenda Items for April 6, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the April 6 City Council consent agenda: Victory Road Construction ChanQe Order for IrminQer Construction Attached is CO #1 (final) for $8,505.00 for additional work required on Victory Road. Most of the additional costs is a result of a design change which required the waterline to be installed considerably deeper at the Eagle Road intersection. This was made evident during the project when ACHD supplied future plans for the Victory Road/Eagle Road intersection. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 (final) for $8,505.00 with Irminger Construction for additional costs required to install the water main on Victory Road deeper and authorize the Mayor to sign it. Victory Road Desiqn ChanQe Order for Civil Survey Attached is proposal for and additional $2,000 for Civil Survey for the additional work described above. With approval of the proposal, the contract price will be $15,110.00. Recommended Council Action: The Public Works Department recommends that City Council approve the change to Civil Surveys Contract for $2,000 for additional design work on the Victory Road water project and authorize the Mayor to sign it. Well20B Desiqn Contract with CH2MHiII Attached is a contract with CH2Mhill for design of the Well 20B expansion. This will be a building extension to the north. Backup power generation will be provided for the new welL The contract is for T&M not to exceed $40,800. CH2Mhill designed the original building. From the desk of... Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 grady1@meridiancity.org ~ Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $40,800.00 with CH2MHiII for design of Well20B expansion and authorize the Mayor to sign it. Test Well #26 OversiQht with Hydro Logic Attached is a contract with Hydro Logic for design and oversight of Test Well #26 located near McMillan and Locust Grove. The contract is fOf T&M not to exceed $20,625.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $20,625.00 with Hydro Logic for design and oversight of Well #26 oversight and authorize the Mayor to sign it. Well #208 Overslqht with Hydro Logic Attached is a contract with Hydro Logic for design and oversight of Well #208, which will be adjacent to Well #20. The contract is for T&M not to exceed $23,490.00 Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,490.00 with Hydro Logic for design and oversight of Well #20B oversight and authorize the Mayor to sign it. Lift Station SCADA Installation with Custom Electric Attached is a contract with Custom Electric for purchase and installation of telemetry for 5 lift stations and one set of spares. The contract is for T&M not to exceed $23,700.00. Custom Electric installed telemetry at Ashford Greens last year as a test of their system. The system has worked as designed. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,700.00 with Custom EleCtric for purchase and installation of telemetry for 5 lift stations and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of April in the year 2004 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes securing regulatory approvals, well design, drilling oversight, construction inspection, hydraulic testing, water-quality sampling, and developing a final report for City test-well number 26. The Project for which the Work under the Agreement is described as: Geotechnical Services for Test Well #26. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONSULTANT will be familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within one hundred twenty (120) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current funds as follows: Total Contract Price is $20,625.00. Article 5 PAYMENT PROCEDURES. The CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account ofthe Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the pasis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 411/2004 Page 1 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONSULTANT'S REPRESENTATIONS. In order to induce the O\VNER to enter into the Agreement, the CONSULTANT makes the following representations: 7.1 The CONSULTANT has familiarized itself with the nattrre and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSULTANT has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONSULTANT. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - Attachment A = Cost spreadsheet and Attachment B = Work tasks narrative. 8.3 Information for Bidders - N/A. 8.4 Drawings - N/ A. 8.5 CONSULTANT's Quote-31st of March, 2004. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONSULTANT prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Docwnents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Docwnents. 4/1/2004 Page 2 9.2 OWNER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of aU covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONSULTANT and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or by ENGINEER on their behalf. The Agreement will be effective on ,20~ Owner CITY OF :rvfERIDIAN CONSULTANT Hvdro Logic. Inc. By: By Name: Mavor De Weerd Name: Attest: Attest: Name: William Berg Jr. City Clerk Name: 4/1/2004 Page 3 g r7; e., Q a '" ~ ~ g" '" or ~ g. s. "" ~ ~ g- ~ "" <'> o ~ ~ .:r <>- ~ ~ <> ~ .% ~ ~ <'> o '" '" ~ ~ ';3 <>- <a g ~ \'1; "e ., a ~ ~ g 1!1, <> '" ~ s' 6- 0- 00 <>- "r ~ ~ g- o r o "3, so -' '" f' 8 ~ 9- ~- ~ , . -1 ~ ~ G ;::: U> ~ '" '" ~ ~ ';-' .- ,..> b .... w w % o .... '0 ~ K ';0 .g (;) -;l. o (;) g ::=' 11> 0- ~ ~ po ~ ~ co '" Q. 'a 0' a C) .., !>) ~, P'- ~ (;) - e. 0'> !,1l -.t;> 6 o ;< ~ c;- o co '3 ~ .. '(fJ ~ ~ ~ ~ ';; Q. 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(i> ,!'. ~ tt ~ a ~ ~ >- . ~ ~ f2c o r; (i; ...-' n - ~ n ,. IJj o .-" '" Cl> d 00 u;l -3. o . V\ ~ .-' N o 00 ~ ~ 00 <.;.) Q'o. '-0 . Hydra Leete" Th ~ 1002 W. Franklin Street. Boise, ill 83702 (208) 342-8369. (Fax:) 342-3]00. hydrololZic@qwest.net March 31, 2004 Attachment B. Mr. Lenard Grady Public Works Department City of Meridian 600 East Watertower Meridian, Idaho 83642 Hydrogeologic Design, Consultation, Inspection Services & Oversight of the Construction and Sampling of the Proposed City of Meridian's # 26 Test Well Dear Len: I have developed a scope of work, and estUnated costs to work with you and the City on the specifications, design, drilling, construction, and hydraulic testing of a new exploratory test-well for the City water supply. We understand that finished water-quality in a subsequently drilled supply well is a major concern of the City and this proposal is directed toward developing the best understanding of subsurface conditions, including groundwater chemistry and the hydrogeologic framework, to provide the best possible knowledge for the City to base its water resource decisions. I have tabulated the costs to complete the work as a single project on the attached spreadsheet. The cost estimates are considered maximum amounts and I would recommend a 15 percent contingency owing to the inherent unknowns of subsurface exploration and drilling. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The following narratives correlate with the spreadsheet tasks to explain, in more detail, the scope of work. Regulatory Permitting This task includes obtaining drilling permits and associated waivers for PVC casings, and multiple completion intervals. All available information, including Driller's Reports, water quality, water-levels, well locations, nearby sources of pollution, existing City water rights flies, and other site characteristics will be reviewed. Digline will be contacted for buried utilities. Technical Well Drilling Specifications and Bid Documents. Contractual agreements, specifications and bid documents for the test-well will be developed. Hydro Logic, will field calls from prospective drillers concerning the specifications and procedures. Project Coordination With Staff, Driller, and City. Tills includes staffbriefings, meetings at the City, calls to and from the driller, e-mails, transmittal letters, and faxes to the City over the entire length of the project and as the project progresses. Includes pre-construction conference with driller and City. On Site Well Drilling and Surface Seal Oversight. This task includes measurement of the drillers tools, on-site observation of the surface seal casing depth and verification of the surface seal according to IDWR rules. A geologist will be on site during drilling to ensure good sampling of the drilled geologic section and to arrest drilling at the selected depth. This task includes the design and oversight ofllie drilling and on-site logging ofllie drill cuttings. Final Well Design. Sieve analyses of target aquifer sands will be conducted and a graphic lithologic log will be constructed from cuttings and compared and interpreted with respect to geophysical logs ofllie test-well. Geophysics will be interpreted to most accurately place aquiferlaquitard units with respect to screen locations and optimum yield of the supply well to follow. Casing, Surface Seal, Well ScreenIFilter Sand Installation and Oversight. On site inspection services to include installation and centralization of the PVC casin~ including observation and documentation of the full-depth surface seal and seals between piezometer completion zones. Piezometer screens, filter sand specifications, and depth placement will be verified by tagging and volumetric calculations. Measurements will be taken for as-built construction drawings. Hydraulic Testing, Well Development, and Sampling This task includes coordination and observation of well development techniques of up to four piezometer tubes. We will oversee the testing which will mostly consist of air-lift development testing to clear residual drilling muds from the piezometers followed by the installation of a sample pump to obtain water quality samples from four zones. Water samples will be analyzed for DEQIUSEP A water quality requirements for Public Drinking Water Systems and delivery to the lab of City's choice. Includes on-site supervision of sampling protocol and pump-sampling equipment. Field parameters of temperature, pH, conductivity, dissolved oxygen, oxidation reduction potential, and sand content are to be measured. Laboratory costs for water analyses are not included in our cost estimate. 2 Well Disinfection and Security Measures for the Well Head. This task includes disinfection of the completed piezometers and scheduling. The test- well bore and piezometers will be protected, covered, and secure at all times throughout the project. Final Report. A final comprehensive report to the City will be prepared. This task includes consolidation of all pertinent documentation, sketches, diagrams, plots, letters, permits, and water chemistry results into a bound document for future reference. Report will present conclusions and recommendations for completion depths, groundwater development potential for the site, and recommendations for a new municipal water supply well on the site. Respectfully submitted by: Edward Squires Hydro Logic, Inc. [j , I 3 April 1,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. C9-tt REQUEST Well No. 15 Rehabilitiation 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 (JIrr,.Y Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City ot Meridian. City of Meridian Public Works Dept. Memo RECEIVED 3 1 City of Meridian City Clerk Office To: Mayor & Council From: Gary D. Smith, PE CC: file, Rick Clinton Date: March 30. 2004 Re: Well No.15 RehabiDtafion Dear Mayor & Council: Attached is a short form agreement for services of our hydro- geologist, Ed Squires, to supervise and inspect the rehab efforts at this well, as outlined in my March 30 e-mail to you and as presented in detail in Ed's e-mail to Jamie Allen at our Water Department, which is attached. Ed is estimating his services at $5,000, the pump contractor at $12,000 and the well driller at $10,000. These estimates are maximums and Ed feels the actual costs will be less. We would appreciate your approval of this professional services agreement on your Consent Agenda for your April 6 meeting and for the Mayor to sign and City Clerk to attest. Thank you and if you have any questions please call. /d Garyd- From lhe desk of... Gary D. Smith, PE Public Works Director Meridian PubUc WOlKs Deportment 660 E. Watertower lane, Suite 200 Meridian, Idaho 83642 (208} 898-5500 Fax: (208) 898-9551 . Page 1 Mar 29 04 03:00p Ed IU ires 208' -"2-3100 p.2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the 29tl. day of March in the year 2004 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration ofthe mutual covenants hereinafter set forth, agree as follows: Article I WORK. The CONSULTANT will complete all Work as specified or indicated in tlte Agreement. The WORK is generally described as follows; The project includes an evaluation of City Well # 15 and the development of a work plan for re-development and routine maintenance ofthe well. Hydro Logic, Inc. would also be responsible for scheduling, directing, and inspecting the contractors hired by the City to perform the work on the well. Work tasks to include ]) scraping and wirewbrushing the surface casing, 2) wire-brushing of the well screens, 3) high-pressure water- jetting of the well screens, 4) isolation packer-pumping of the well screens, 5) conducting video inspections before and after the work, 6) rebuilding and reinstallation of the pumping plant and 7) developing a letter report describing the work performed and results achieved. The Project for which the Work under the Agreement is described as: Re-development and pump replacement for City Well #15. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONSULT ANT sbould become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department witi be the ENGfNEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current funds as follows: The nature ofthe work is difficult to estimate and is generally on an hourly basis for the contractors and consultants. Therefore, hourly rates for both are listed below. Based upon experience with previous well projects, it is possible to estimate the total expense to the City that may reasonably be expected for planning purposes. Pump contractor = - S 12,000 (see attached quote). We 11 dril ling contractor = ~ $ 10,000 Geotechnical services, project management, and inspection services = - $ 5,000 Total Contract Price for geotechnical services and project oversight (this contract) is estimated at $ 5,OOO.!ill 3/29/2004 Page Mar 29 04 03:00p Ed!. ~u ires 208 42-3100 p.3 Article 5 PAYMENT PROCEDURES. The CONSULTANT wjll submit an Application for Payment upon completion of the Work Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account ofthe Contract Price on the basis of CONSULT A NT's Application for Payment as recommended by the Public Works Department, on or about the 151h day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONSULTANT'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONSULT ANT makes the foHowing representations: 7.1 The CONSULTANT has familiarized itselfwith the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSU L T ANT has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resol uticn thereof by ENG INEER is acceptable to CONSU L T ANT. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work., consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement- 8.2.1 March 23, 2004 memorandum entitled "Meridian Well #15 Evaluation". 8.2.2 Hydro Logic, Inc. Rate Schedule - 2004 8.3 Information For Bidders - N/A. 8.4 Drawings - Nt A. 8.5 Pump Contractor's quote - March 23, 2004. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONSULTANT prior to Notice of Award. 3/29/2004 Page 2 Mar 29 04 03:01p Ed' =!u ires 208 42-3100 p.4 8_9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment wm release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in triplicate. One counterpart eacb has been delivered to OWNER, CONSULT ANT and ENG LNEER. A II portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or by ENGINEER on their behalf. The Agreement will be.effective on March 29 , 2004. Owner CITY OF MERIDIAN CONSULTANT Hvdro Logic. Inc. By: By "ZiTiden' -,/l Name; Rick A. Clinton. Superintendent ~ Name: Attest: Atte st: Name: Name: 3/29/2004 Page 3 Mar 28 04 03:01p Ed' ~uires 208 42-3100 p.5 .... Hydra ~lC, me. 1002 W. Franklin Street. Boise. JO 83702 (208) 342-8369. (Fax) 342-3] 00. hydrologic(@,Qwest.net Hvdro Lo2ic't Inc. Rate Schedule ~2004 Ed Squires Managing Hydrogeologist $ 100/hour Brian Cavanagh Senior Hydrogeo1ogist $ 7S/hour Loren Pearson Geophysicist $ 65/hour Clerical office staff Directly allocable $ 35/hour Mileage billed at $ 0.42/mile Down hole camera survey base charge = $ 650 Minimum geophysical logging charge = $1,000 Mobile geophysics l.ffiit standby time = $ 200lhour Billing rates for Hydro Logic, Inc. will remain fixed for 2004 E- .. Ed Squires, P March 29 2004 .",: LAYNE OF IDAHO, INC. RO, BOX: 100s . NMlPA.lOAOO fl3853 TELEPHONE (ro8) _mS . FA)( (2OlI) I65-507B ,.-r--. ,;~~ -, . ~),.: QUOTATION _AND ORDER TO '&4, rf /J1~' Datlll ..::1 ~ Zt $' 64 Refel'l1nce tIf).ed #" IS ' GENTLEMEN: WE ARE PLEASED TO SlJBMlt THE FOllOWINO QtJOTATlON: I /0" ;j~ 72 . ~ . I 10" ~a.rv t!.eJ~t!! .s~~ z, ~~ ~ aX 5,'x../b- , q ~ ~ 1f /i>'.j(. ILJ'" q &&--- ~ w/~ BIZ-i ~~ q S5 ;j~fI ~,IY1!~ ~fb' Z Ss. S~ ~/~ /1i'K51-' I He-ad S~i I K e.1'J9(f-1e, p~ is i!r;L I /f/au,v ;De.,.? -,;;. t:.&., 4- ~ ~ 3~' / ;pd- ( f?t.d2t ~ Se..I- .ij 15~ 'l!S-.-t UnIt Price Toml ~riCV'J I!PO .-,~j,' - ~\: 1:;;$ 7<, 3 3D~; -:.'~~ ;z. <;'3 :)'C". 7bS~~ ~/~: " . IlbS"!? Quantlty Speclflcatlon~ "" 110 - ZZbs'l~ i .! - ~. -" $.L/b~ -~ ;-:~ ~." "-'~ i 50,:"- il' ; ",;> ;5 Q;';1f e45 -::: - I ft). - '1~~ "' (>001 <:v1lly 10 have ll1e '.lIIOlIIy I<>....l.o \IlIo. .......0$ lot l!>oj blf/""'" --lf9II-lI!jI" '" ... n..- leg.. ....~, .......1. bo ........~ on ~ """"'" ""'""'"' llloIl3Dllt/tlv llOli" _ dOlo ot _. _ !hot uld """- o<19"1"'l"I oI;,lttUl don rIOt ptOoicIe 101' _110 """',,'" _0'" or _ allY [II'IIIS ""'IIi..... CIOI... Rl'WKW li~dIt 01 thI.s: ~t.iGn and cud"1lt. . Subject to conditions stated !XI'llJ'IIII"$G 1I1de.' ~ 5 S ,.s.~ - 13 9s ~ TERMS: STATE SALU ,.1lX DELIVERY; · rOTAI. PRiCE <. ~~ .~ <':-'," .' '-', . '->' -~, ZSZ:!;, 5a~ ..~~:)~ ~<~; W.. hlOtchy '''~l:l''i>t YOll#' lti'O'poial O~ 19____ SIS"od ~~HO,INC. QUOl'ATII)N NO. .:~ " .f.'. .~ ....f. . ':,~; By yage 1 or 4 Rick Clinton From: Sent: To: Ed Squires [ed@hydrologicinc.net] Tuesday, March 23, 20047:10 PM Jamie Allen Cc: Brad Watson, P.E.; Chip Hudson; Gary D. Smith, P.E. ; Len Grady, ; Rick Clinton Subject: Meridian Well #15 Evaluation 3-23-2004 Dear J ami e, During your routine pump house rounds on March 8th, 2004, you observed oil leaking from the bottom of the motor housing of the Well #15 pump motor. Missman Electric removed the motor on March 10th, diagnosed a worn bearing, and recommended checking the in-well portion of the pumping plant as a possible cause. Layne of Idaho removed the pump, column, and shaft from the well on Friday March 18th and Hydro Logic, Inc. conducted a video inspection of the flowing artesian well on Monday, March 22od, 2004. I have reviewed the videotape of the inside of the well, discussed the condition of the pump and column with Layne of Idaho, and inspected the pumping plant removed from the well. The following outline presents our observations, conclusions, and recommendations for Well #15: 1) OBSERVATIONS. a. Pump is in good condition: i. The pump bowls were thickly coated with a hard blackish-red substance. ii. We directed Layne of Idaho to take the bowl assembly apart for inspection and to clean the encrustation offwith a high pressure steam cleaner. b. Pump column and shafting are in need of replacement. i. The lO-inch diameter pump column was V-i.-inch wall pipe. The joints were so severely rusted together that the chain wrenches deformed (egged) the pipe under pressure and could not be unscrewed. The column had to be cut apart with a torch. A combination of too little pipe compound, corrosive water, and thin wall pipe caused the pipe to be unusable a second time. ii. The 1 Y:l-inch shafting had grown to 3-inch diameter with a soft blackish red substance accreted over its entire length. There was no discemable smell to this substance that probably built up on the shaft over time in response to electromagnetic forces combined with pipe scale and corrosive groundwater. Upon drying, this deposit turns reddish orange as it oxidizes. iii. The column spiders and bearings appear to be in good shape but were almost completely blocking the pump column with built up encrustation. iv. The cone strainer at the end of the intake suction pipe was significantly blocked with encrustation and pipe scale buildup. V. The stainless bowl shaft was pitted approximately 1/8 inch from corrosion. 3/24/2004 rage L. or 'I- - c. Condition of the well: i. Owing to the flowing artesian nature of the well, a very clear video inspection was afforded. The videotape and down hole still photographs have been sent to the City via U.S. Mail on March 23rd. ii. The upper 442-feet of 16-inch diameter steel surface casing and the two uppermost well screens (25-feet) are thickly encrusted with a light-colored precipitate or organic growth of undetermined origin to a depth of 496 feet. For this reason, the condition of the inside wall of the casing is not visible. Some of the encrustation appears soft, filamentous, slimy, and organic in origin (see attached photos). iii. The well screens between 514 feet-to-531 feet are strangely plugged with the same substance but only over one half of the inside diameter of the screen (see attached photographs). iv. Well screens and casing between 536 and 714 feet are very clean, clear, and open. v. The lowermost screens (between 715-t0740 feet) are completely plugged with residual drilling mud that was never removed from the well during development (see attached photographs). d. Well Development: i. Pete Cope Drilling (and all other reverse-rotary drilling), in those years, used only over-pumping to develop a well. 1. This practice generally resulted in only the uppermost screens being developed. 2. It also resulted in the lower most screens remaining plugged with residual drilling muds. 3. There is no record of any well development of Well # 15 beyond the over- pumping development with the original test-pump. 2) CONCLUSIONS. a. The well has worked flawlessly for the eleven years it has been in use. i. It is a fairly good time for the well to be offline (not peak season). ii. The pumping plant would have almost certainly failed had it not been removed from the well. b. The pump-column and shafting are in need of replacement but the pump is in good condition. c. The well is in need of routine maintenance. i. Upper surface casing needs scaling and wire-brushing. ii. Approximately 25 % of the well screens (uppermost 20 feet) are plugged with encrustation. iii. Approximately 25% of the well screens (lowermost 25 feet) are plugged with residual muds from the original drilling of the well. d. The well can be very effectively cleaned owing to its flowing artesian conditions. 3/24/2004 rage.; or q i. Dislodged particles and muds will be lifted and purged from the well during development. e. There are no apparent major problems with the well. i. Eleven years is a fairly reasonable serviceable life for a pumping plant. ii. This amount of time is certainly a long period between routine well maintenance. 111. A large percentage of the well screens are generally clear and open. iv. The accumulated deposits on the pump shaft and bearings are not considered that unusual for a pump used so continuously over an eleven year period and installed in an environment generally devoid of oxygen the majority of the time. v. The mild steel casing cannot be inspected until the encrustation on the inside wall is removed. 3) RECOMMENDATIONS. a. Scrape and wire brush the 16-inch surface casing using a cable tool rig,. i. Work from the top down letting the artesian flow clear the well. ii. Employ a weighted scaling plate and stiff cable brush. 3/24/2004 b. Wire brush the upper and lower lO-inch screens. 1. To dislodge majority of encrustation and allow it to flow from well. 11. To enhance the effectiveness of disinfection water jetting. 111. To loosen residual drilling mud in lower portion of the well. IV. To remove these deposits before jetting them into the screens. c. Conduct re-development of the welL i. Bring in a high-pressure water jet and straddle-packer pump set-up to develop the well. 11. High-pressure water-jet through screens using sodium hypochlorite solution. lll. Straddle-packer-pump through screened intervals of the well. iv. A straddle-packer pump places ~ 100 gpm/ft on isolated sections of well screen as opposed to ~ 10gpm/ft from installed pump. v. In recent months, we have trained Treasure Valley Well Drilling in straddle- packer and high-pressure water jetting procedures. They have made the effort to equip themselves with suitable tools that we have determined to work effectively. We recommend engaging their services for the work over as we have not had satisfactory results with other well work-over contractors. vi. This will not be as involved a job as the Well # 16 work over but it is a deep well. Estimate contractor costs in the neighborhood of ~$10K to mobilize and set up cable tool, de-scale and wire-brush casing, high-pressure water jet through screens, straddle-packer pump through screens, and disinfect well (all through roof hatch). Page 4 ot 4 d. Conduct a second down hole video survey of the well. i. Allow well to flow to clear it. ii. Check closely for corrosive pitting of steel casing using side-viewing camera. iii. Examine screens for effectiveness of development. e. Reset the permanent pump in the well. L Install new column, bearings, and shafting. 11. Utilize thicker wall casing and liberal quantities of pipe compound. Hi. Use stainless steel shaft to prevent accretion visible on the mild steel shafting. IV. Eliminate the cone strainer for this installation. v. Reinstall monitoring tubes and airline. VI. See attached quotation from Layne of Idaho. - Please call with any questions you may have on the above evaluation and its recommendations. Thank- you for calling on Hydro Logic, Inc. to assist you with this production problem. Ifwe can be of additional assistance with scheduling, designing, and inspecting the rehabilitation of Well #15, please call; we can rearrange our schedule to move directly onto that job if you so desire. Ed Squires 342-8369 3/24/2004 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. (0 .. 6 & REQUEST Sanitary Sewer Main Easement for Victory 41 , LLC (Observation Point Lot 2 / Blk 2) 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. R~ 1H' . "'J~ .LJ MAR 3 1 2004 City Of Meridian City Clerk Office Memo "1'0: Mayor de Weerd & City Council From: Karie Glenn CC: File, Gary Smith, PE, Brad W, City Clerk Date: 3/2912004 He: Proposed Agenda Items for April 6, 2004City Council Meeting The Public Works Department respectfully requests that the following items be placed on the April 6, 2004 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Main Easement forVi~orv 41 LLC (Observation Point Lot 2/Blk ~. Typical sanitary sewer main easement Recommended Council Action: Approve the Sanitary Sewer Main Easement for Victory 41 LLC (Observation Point lot 21Blk 2) and authorize the Mayorto sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANITARY SEWER MAIN EASEMENT THIS llIDENTURE, made this~ day of M~ , 20~etween The Victory 41 Limited Liability Company, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for tJrrough underground pipeline to be constructed by others; and \VHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer main over and across the following described property: (SEE ATTACHED "EXHIBIT A"AND "EXHIBIT B") The easement hereby granted is for the purpose of construction and operation of sanitary sewer' main and their allied facilities, together with their maintenance, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing orrestoring anypennanent structures, large trees or brush placed within the area described in this easement. ' THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and L: \2003\10\310 17\SURVEY\LEGALS\31 0 17 -sanitarysewer.doc quiet possession thereof against the lawful claims of all persons whomsoever. It"{ WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. i~r:J@ /~ al Fork Restaur orporation, ~ aging Member of The Victory 41 Limited Liability Company STATE OF IDAHO ) ) ss. County of Ada ) On this l~ay of j~J....-, 20~before me, the undersigned, a Notary Public in and for said State, personally appeared .::r jtr....( s t:> - ~.;; ~ 6 -e.r--. , known or identified to me to be an authorized representative of Royal Fork Restaurant Corporation, said corporation being a managing member of The Victory 41 Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. It"{ WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~'a~~ r,UUDE~III1IlQ !'.>~<o"'-fO~ D 1ANS be'Qt'~C': '*' oC'LG ceoODOac }>..I' '% !}j y "p ooo'~ ~ "" 'Y' 00 '" .~ '" lJ,.,., <) r.~A (>....' '" ~ "'.., a ~,;\.v 1 "r, ~ 000 '::. :; Co') 0 ~~ ~".f'" 0 r:;I .. ~ g c:DO~ g ~ ~ :; .J.,... go:: '" '" 0 ^ ,.... 0 *' '" ~ "h .f-'{JBL\'v /0'" !J: ~ <...n @/;l o)~: -:.. .?> ce r/'> Q <? GRANTEE: CITY OF MERIDT ';v<&'T-r1 7';~oc~c~::. ~<:. ~",.<>.. U-U~6' " 0 i" }. V 'O."'~ lfli(f for>" 1I0000DDGI1.ll.\i1l Notary Public for Residing at My Commission Expires B:~ 1"1 p w=-.. Csrne, Mayor TG.w..M~ ~~ W~:e-~'d. Attest by William G. Berg, City Clerk Approved By City Council On: L: \2003 \1 0\310 17\SUR VEY\LEGALS\31 0 17 -sanitarysewer. doc ,STATE OF IDAHO, ) : 55. County of Ada ) , On this day of , 2~ before me, the undersigned, a Notary "p,ublic ;in al1d ;for ;said State, ;personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, .f$Spectively, -of the City -of Meridian, ;f.daho, and who ;executed the within ,instrumellt, and acknowledged to me that the City of Meridian executed the same. 1N WrTN€SS WMEREOf, 4 .have ;hereunto ;set ;my ;hand and affixed my official seal the day and year first above written. . {SEAl) NOTAR){ ..PVBUC ;f.:OR 4DA;f:IO RESIDING AT: MY COMMISSION EXPIRES: EXHIBIT "A" DESCRIPTION FOR SANITARY SEWER EASEMENT OBSERVATION POINT SUBDIVISION JANUARY 28, 2004 AN EASEMENT FOR SANITARY SEWER LlNE CONSTRUCTION AND MAINTENANCE, LOCATED IN LOTS 1,2,3, AND 4, BLOCK 2, OBSERVATION POINT SUBDNISION, LYING IN THE SE 1/4 OF THE SW 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE :MERIDIAN; THENCE S 89042'45" E 1422.44 FEET ALONG THE SOUTH LINE OF SAID SECTION 19 TO A POINT; THENCE N 00 IT 15" W 48.00 FEET TO A POINT ON THE NORTHERLY RlGHT OF WAY LINE OF E. VICTORY ROAD, SAID POlliT BEJNG THE REAL POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION; THENCE N 00017'15" W 104.38 FEET TO A POINT; THENCE N 66028'06" W 125.71 FEET TO A POINT; THENCE N 40000'0011 E 151.60 FEET TO A POINT ON THE SOUTHERLY RlGHT OF WAY OF E. OBSERVATION DRIVE; THENCE ALONG SAID RlGHT OF WAY, S 50000'00" E 20.00 FEET TO A POINT; THENCE S 40000'00" W 106.33 FEET TO A POINT; THENCE S 53024'50" E 108.10 FEET TO A POINT; THENCE S 00011'15" E 111.88 FEET TO A POINT ON THE NORTHERLY RlGRT OF WAY OF E. VICTORY ROAD; MICHAEL E. MARKS P.L.S. NO. 4998 L:\2003\1 0\31 0 17\SUR VEY\LEGALS\31 0 17 -ssease.doc , " EXHIBIT liB" N >- 12 <:( 7 :s: en (, 0 N 0::: 0 Z ~ <:( u 18 0 en --.J 6 OJ 1 N 00'17'15" W 1 S 89'42'45" W 48.00' ---..., 16.00' N 89'42' 45"E 292.15' I -_i~~~~~------N '89'42'45';E 1422.4~'-=~-=-' ~ - ~. -;C~ORY 0 <( 0 0::: ~ Z W ~ 0 0::: 0::: 0::: W Z ~ Z t") t") ~ (f) ~ BRIGGS ENGINEERING, INC. G,n RING [BRIGGS) (208)344-9700 1 BOO W. OVERLAND ROAD BOISE. IDAHO B3705 1 5 15 4 BLOCK 2 2 REAL POINT OF BEGINNING SANITARY SEWER EASEMENT ------4_~ RO~~ ~ SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT OBSERVATION POINT SUBDIVISION LOCATED IN THE SE 1/4 OF THE SW 1/4 SECTION 19, T.3N., R.1E., 8.M., MERIDIAN, ADA COUNTY, IDAHO REVISION SHEET DESIGN DRAFT BEB SCALE DATE DWG.NO. 1" = 100' 01/29/04 31017 31017-SEWER.DWG April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. (O. r-p REQUEST Sanitary Sewer Easement for Redfeather Subdivision by Melvin R. and Norma E. Schrammeck Trust 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 ~ VJ)~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City ot Meridian. . ,. ~ '" City of Meridian' ,', " ',: , Public Wo~s De~t. ' ;;~ . ? "'':;<<.''~? '.~~^,"..?4:"'<>~Y::< '), 'I jrn4.' 'J j .m.~.JtJ. Me To: Mayor de Weerd & City Council From: Karie Glenn CC; File, Gary Smith, PE, Brad Watson, PE, City Clerk Date: 3/2912004 Re: Proposed Agenda Items for April 6, 204 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the April 6, 204 City Council agenda, on the Consent Agenda, for Council's consideration: \'11) Sanitary Sewer Main Easement for Redfeather Subdivision by Melvin Rand Noma E Schrammeck Trust. Typical sanitary $eWer main easement Recommended Council Action: Approve the Sanitary Sewer Main Easement by Melvin R and Noma E Schrammeck Trust and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Redfeather Subdivision bv Bart L. Brvson.. Typical sanitary sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement by Bart L. Bryson and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ., Page 1 ( EASKMENT AGREE:MENT TIllS INDENTURE, made this ~ day of ~ . 20~between The Melvin R. and Noma E. Schrarrnneck Trust, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water right-of-way across the premises and property hereinafter particularly bounded and descnbed; and WHEREAS, the sanitary sewer and water is to be provided for through an underground pipeline to be constructed and paid for by others; and WHEREAS, the Grantors and Grantee agree that the installation of the sewer and water lines must be constructed at the same time so that the Grantors tenant will not be interrUpted by construction more than one time; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation, maintenance of a sewer line over and across the following descnbed property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer and water lines and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that aftet making repairs or perfonning other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing orrestoring anything placed withip. the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area descnbed for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the Easement Agreement Page 1 EASMT -SWR-Schrammeck right-of-way and easement hereby granted shall become part of: or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and descnbed tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscnbed their signatures the day and year first herein above written. GRANTOR: The Melvin R. and Noma E. Schrarrnneck Trust Joy A Moore, Trustee (~ ?1, rn.<.t~1' Trustee ~ STATE OF IDAHO ) ) ss County of Ada ) On this I ( day of ~ ' 206 "3, before me, the undersigned, a Notary Public in and for said State, person yappeared Joy A. Moore , known or identified to me to be the trustee of the Melvin R. and Noma E. Schrannneck Trust that executed the within instrument, and acknowledged to me that such trust executed the same. IN WITNESS WHEREOF, I have hereunto set and year,nnJtlub:NJ~ written. ~~.." !'--CY W, "" ...... s'\ ....... 4>./'"" '~ $ .... .... \..+ r .... ..... ... : : ~ 0 T A. b t~" ; .... ~~.. 5 .. : ...~ : -: : : :*= .. · P~. C. .. ~ _^. vB L 1 · ~ - \I": -. .-.IIt ....;,A ... ... 0 $ 1,""1 r ........ ~ .... "" lS OF 1U ~ ~...... '" ...... GRMITEE: OT~~P~roD~ d and affixed my official seal the day Robclt D. Come, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Easement Agreement Page 2 EASMT-SWR-Schrammeck STATE OF IDAHO, ) : ss. County of Ada ) On this day of , 2003, before me, the undersigned, a Notary -Public:in and {or said State, :personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, -r.espectivelY,.;Qf the City :of Meridian, ;Idaho, and who :executed the withim ;instr:ument, arid acknowledged to me that the City of Meridian executed the same. lNWITNESS W.HEREOF, .1 tlave .ner.euntQ set my hand and affixed ;my official seal the day and year first above written. (seAL) OOTAR~ ~,U8UC;f.OR 40AMO RESIDING AT: MY COMMISSION EXPIRES: TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385~0636 Fax (208) 385-0696 ~ _.~ __ ___m.. .......... Project No.: 2442 Date: June 20, 2003 EXHIBIT A DESCRIPTION OF CITY OF MERIDIAN SEWER EASEMENT FOR REDFEATHERSUB FROM SCHRAMMECK TRUST A parcel of lanq situated in the NW 1/4 of Section 4, T.3N., R.1 E., B.M., Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Northwest corner of said Section 4; thence along the West Ifhe of said Section 4 South 00"36'11" West t724.77 feet to a point on the eXtended Northerly line of the parcel of land described in Instrument No. 912958; thence along said extended Northerly line and the Northerly line of said parcel of land described in Instrument No. 912958 ..' South 53"03'49" East 86.89 feet to a point on the East right-of-:-way line of North Eagle Road; thence along said East right,:"of~way line '.'. .,... ..... ...... . South 00036'.11" West 41.39 feet to the POINT OF BEGINNING; thence leaving said East right-of-way line" . ,. .. North 69"01'02" East 39.35 feet to a point on said Northerly parcel line; thence alohg said Northerly Parcel line South 53003'49" East 35.41 feet to a point; thence leaving said Northerly parcel line South 69"01'02" West 70.03 feet to a point on said East right-of-way line; thence 2!O:;i:j said East rlght-of-way line North 00036'11'" East 32.26 feet to the POINT OF BEGINNING. 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W Q Q D Lf\ "'<t In (J] N ..c ~ W z (J) (f) .-J OJ <( f- :c w f- a 0 0 z 0 ~ ~ \I'\ Z .-J W ..0 N ..0 .-J W - N [T) Z , I I .-J ..J -' -l -:::t ~ Ln April 1 ,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6,2004 ITEM NO. (0 -G& REQUEST Sanitary Sewer and Water Main Easement for Redfeather Subdivision by Bart L Bryson 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. MAR 3 1 2004 City Of Meridian City Clerk Office Memo To: Mayor de Weerd & City Council From: Karie Glenn CC: File, Gary Smith, PE, Brad Watson, PE, City Clerk Date: 312912004 He: Proposed Agenda Items for April 6, 204 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the April 6, 204 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Main Easement for Redfeather Subdivision by Melvin Rand Noma E Schram meek Trust. Typical sanitary sewer main easement Recommended Council Action: Approve the Sanitary Sewer Main Easement by Melvin R and Noma E Schrammeck Trust and authorize the Mayor to sign and City Clerk to attest. * 2) Sanitary Sewer and Water Main Easement for Redfeather Subdivision bv Bart L. Brvson. . Typical sanitary sewer and water main easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement by Bart L. Bryson and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANIT ARY SEWER AND WATER MAIN EASEMENT THIS lNDENTURE, made this _ day of March, 2004, between BART L. BRYSON, the party of the first part; hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party ofthe second part; hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer alld water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby grant unto the Grantee the right-of-way for a permanent easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (EXHIBIT <<A" A TT ACHED) The permanent easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. Sanitary Sewer and Water Main Easement - 1 S:\Clients\6946\2\GP04 eLN - SW-Bryson.doc IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenanGe, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. JNDEMNIFICATION: Subject to the provisions of, and limits ofliability set for the in the Idaho Tort Claims Act, Grantee shall indemnify, defend and hold harmless Grantor from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its' use ofthe Servient Estate. THE GRANTOR hereby covenant and agree that they will not place or allow to be placed any permanent structures or trees within the area described for this permanent easement, which would interfere with the use of said permanent easement, for the purposes stated herein. THE GRANTOR hereby covenant and agree with the Grantee that should any part of the right-of-way and permanent easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and permanent easement hereby granted which lies within such boundary thereof, or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that they are lawfully seized and possessed ofthe aforementioned and described tract ofland, and that they have a good and lawful right to grant said permanent easement, and that they will warrant and forever defend the title .and quiet possession thereof against the lawful claims of all persons whomsoever. Sanitary Sewer and Water Main Easement - 2 S:\Clients\6946\2\GPQ4 CLN - SW-Bryson.doc IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~t,li(~ L. ryson f L GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor 'Attest by William G. Berg, City Clerk Approved By City Council : ~ ~2004 Sanitary Sewer and Water Main Easement - 3 S:\Clients\6946\2\GP04 CLN - SW-Bryson.doc STATE OF IDAHO ) ) ss County of Ada ) On this 1.;2 'f1.-. day of ~ , 2004, before me, the undersigned, a Notary Public in and for said State, person'ally appeared Bart L. Bryson, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. "",......... ,-,,, TlI ., ........ \)1>1 ... #,#, .. '\ .--... . 0 #.. ~ .. .. :A" .:- JI. .. . 'r ~ ~ ~ 1110,." -. >}. ':0 ...: ~. 0 .11 ':s = . ,,*1 ~:..-: :cn. ,..... . ? ,,;...,.. --". - .. }..," ......,.0. ,,"'" 0);>.- 'a ~~".IJl.. l V:i j \, ~ 1 C .." ~ .. ,," * .:; ~# OJ;> -...,,,....,,,, fI>" ###', IDA H 0 ,........ .f" ,," ~..$$..u..",' ~JC~~ Residing at: Boise, Idaho Commission Expires: 10/17/0'1 STATEOFIDARO ) ) ss County of Ada ) On this day of ,2004, before me, the undersigned, a Notary Public in and for said 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Meridian, Idaho Commission Expires: Sanitary Sewer and Water Main Easement - 4 S:\Clients\6946\2\GP04 CLN - SW-Bryson.doc .; o 9 Cl .ui ct. ~ ~OZ~ '7 \..l- 9. tf1. ...... r- tJ) -t <<,-_..... _ \ll;g,~- .0 ....1 ~ :to 0 ~ i. ~ ..... Ul Q ~ Ull!ig tf'I tP~~,.: ~Zr- ..Ju..~'i 1"'f'\4..~~0<<-':3 ~ __ J,....W lJ..Io.. ...0 ~g:lt:J:""'i.\,) .~ l)!. Ul \-,,-\'"0 "" >-..i UltJ):..:( ~.:~ G~..:eU1 .- \Jl u.. ~ \J- e I- O~ct.~ ,.... ':J 0 r- ~ U ~ ~~ o \1\ ..... ~ \.1l. . ....0 Z\l\ ~ II .). .0:.- <.) VI ~ o &) ~~ " _____.n. - -'Ii ----- "" ~'cl 'In~ "" . ",::: .. ~ t'l tt) i i i i i i i i i '" t\\,9!;:' ()Q S ~ I i i i "" -' tf) ...... "" <. ...1 ~ 1: 0 .Q, .,...\ ,)Ik ;....... '~ ~ <:> I"" \~ ~ ~ , ~, ~ "- 2. ~ $ ... "" -- ~~~ ':;;~~ ;J::tow ~:i~~~ - r"OOZ~ ~<<-~~"' '5o!.'tA~l;::.~ u-.W'rl",,3'::;l B~\,)~e~ _rJ'l""......1- t;;;ooztn'i ~. 'c5t\Z~~W \.JJ .J 0"" 1O 0""- r- ~z "'w ~~"~I>l'!i. .....u.:EZ'Ow ~ olI ~ Ii. .~ zU1~~ -.c: i1l 3~~=' WOu\:!! ilE.Ztnl- '" ~ " ~ <;I. ,;; .... "" ----=:: - - -- Ii. .1I.<;le:.OO S "" o , '" 'i El 0--- '0 r- '" '" ... ~ uJ I N ... ~ ><:t \f\ w ~ 2; ..J ~ ~ -i I-Q::z"",: <co2"" ~LLfQ!iJ ......1->- ., Q::-ot 0 ,wiIlaJ- ~ c..... :3:: :r: :::l ~ ~Q ,",wxU) "'. ~UlW wa:i>- _ a::::J: '"" _ZI-w'""uf~ ~ <( z:r: 1.>..-:0 ~_Wl-oo::u :X:9:e:<:<t < ~~ww~ ~ W(/)LLJo :e:<o(/) LLWWW o 0:: i= >- ~ !::: g u :;: ....I o o .2 I- W W "'-0 :R a::;1n W II ..J . <- ..., Ul ~-+-- C'J t:=. o N' r.:l ~ ~ :;"0 -< o~ 11 6 E " '" .. ,;; '" Z 3:JVd 335 tI'l ~ t;i w _ u.o ztl'l ~ II ...l . -c- u In o tX W '" U1 lJ) 0. U1 (I) o - 0 :!~ o.ct: Win Ulm Ow ~u ~<..I o...c ~ d "" ""' ... ~ ~ ~ 0. ~ I ~ ';:;; ~ ;,;. '" "" .. '" " ~ "" ... ,;; ... ~ .... o I :;! \ I:i '" ~ '"" ,.: ~ ~ \ '" ... .., '" (- April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. C9 -~ ~ REQUEST Award of Bid -- Ashford Greens Lift Station Portable Emergency Power System Procurement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMP ANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property ot the City of Meridian. ( City of Meridian Public Works Dept. Memo o 'I 2004 To: William Berg, Jr.; Tara Green From: Clint Dolsby CC: Brad Watson; Gary Smith Date: 4/1/2004 Re: Proposed Agenda Item for April 6, 2004 City Council Meeting eitv Of Meddian City Clerk Office The Public Works Department respectfully requests the following item be placed on the April 6 City Council agenda, under Consent Agenda, for Council's consideration: Ashford Greens Lift Station Portable Emergency Power System Procurement. Three bids were received for this project as summarized below and detailed in the attached spreadsheet: . Cummins Intermountain, Inc Western States Equipment Smith Detroit Diesel-Allison $29,336.14 $49,603.00 $54,552.00 . . Cummins Intermountain, Inc has to lowest bid. This project consists of furnishing and delivering to the City one (1) 125 'tWV portable energy power system. Recommended Council Action: The Public Works Department recommends that 9ty Council aep,~9ves the contract for Ashford Greens Lift Station po.ftable.-,Emergency Power System Procurement with Cummins Intennountain, Inc for $29,336.14 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 ~ .t;:.. .3: ~ o .t;:.. IV -" ~ :3 .-1 -o(J)rn"TI ~ ~-O:3S !!t (/}(I)@~ g g. to (j)' ~!!t@::r @(J):J!l) .:-@.Q::l 02 0. 93 o' -u 0 s::@o@ (/}~Z :3-~(l) lUW(J)""' 0 ~lU><O (tl 55~!a::l Ul 0 _c@(l) ""' ~-o:3~ ~ ::t - 0 !l) ....).. ~ :i" IV ~ ()'l ~ 0 .... ! -u 0 ~ !l) -U S[. (I) pIJ;' ctr. -" -" lU:3 alU ~'it 0. W I(;; C ::l ~ .t;:.. c -" (0 ::l Z ()'l -.t;:.. ;::;: 9J .t;:.. :;} (tl g ()'l ~ "0 ~. (l) 0 ""' :J .t;:.. (f) .t;:.. .-1..... to ....).. to o~ ()'l ~.t;:.. -u-@ -0) 0:> .t;:.. ~.!l) Ul 0 (:) ()'l ~Qjrn ~ 0 0 _.n 0 0 0. . 0 ~ ()'l C (fl -" :J :3 -" -.t;:.. ~ ;::;: ;::::I: 0 '] ::r p 0 0 0 ~. 0 0 ~ 0 ;::::I: -1 0 ()'l 0 (ii" ~ -" et Ul m -" -.t;:.. Q? (I) .t;:.. m 0 -r -m ~ p 0. ~ ~ 0 '] 0 0 (ir (;:) 0 g 0 0 :J ~ c 2 p ~~ ::l :3 ;::<: :3 0 -u ~" 0 ""' -" ,r .t;:.. @ 5' <t ""' .-1 :3 ~ ~ 0 c:: ~ 0 -(,.) tP % -(,.) (:) ~ a ?' w 0 ~ -" "!! :;- -" J:o. & !='> .t;:.. ~ -::r ....... o -'\ 0- G> @ CD :3 (J) , ;:ii (J) 6i' d'". o :J -0 o 5t 0- - CD m 3 CD to CD :3 .2 -0 ~ (t) -'\ (f) o..c::. (J) CO 3 -0 -'\ o g ..." CO 3 CO :3 .-+ -" o (,.) -" I 90 -uOJ (J) "1 -. o 0- .Q' "0 (J) =' o c (0 (/) 0'" 0- ~3 -u -. "1 ~ 0 -0 O:J (0 '""\ - -< 0 ~ 0 0 3 0 "0 OJ C ~ 0: ~ 0- (0 . . 0- :"1 ~ ~ ~ e.. ~f ~ \ " ~ ~ '-' \~ i:\- ~~ ~ ~ " 'S\ .., I ~ rV ~ Q>' ~ \% '"'" ~ ~ l~ ~ "'~ "- ~ ~ ~. \.>> ~'S ~ l ,.... -.... ~ ~ rnOJ-U z-:;:o (;)Oo -Oc:.... Z-urn mmO rrtz-4 :;:0 -" ..z (;) "'00)"'0 c.' 0 0"'0..... _0"""" _" 0) (')"'00- ~~<D g..: rn ",g3 (J) tl) (0 .....t3 ~(O tv=' !,"Q tv "'0 00 o~ .J::..(O 0)"1 .....(J) 0-< _.00 -<$ :r:3 ~"'O -.... o (') c .... (0 3 (I) ::;l ..... April 1 ,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. U ~-r::c/ REQUEST Installation of Security Enclosures for Test Wells with Hydro Logic 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. -;-r~rT S l' .It V ~ -C'''. / ,.......,........ "' I i I Vi- MEF~iD1Al\! r 1 ; en', C'-! To: Brad Watson From: Lenaro Grady IU CC: Gary Smith Date: 3/25/2004 Re: Proposed Agenda Items for March 30, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the March 30 City Council consent agenda: Scopinq Study - WWTP Backup Power Main Feed with DC Enqineerinq Attached is a proposal from DC Engineering to evaluate the feasibility of installing plant-wide backup power. Some of the existing smaller gensets could be relocated at well sites. The study will also evaluate the feasibility of selling power back to IPCO. The proposal if for T&M not to exceed $5,000, Recommended Council Action: The Public Works Department recommends that City Council approve the proposal for $5,000.00 with DC Engineering for a scoping study to evaluate the feasibility of primary backup power at the WWTP and authorize the Mayor to sign it. Well 26 Desiqn and Construction Services with Civil Engineering Attached is a proposal from Civil Survey for design and construction services of future well 26 located on Locust Grove south of Chinden. The proposal if for T&M not to exceed $23,580. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $23,580.00 with Civil Survey for design and construction services on Well 26 and authorize the Mayor to sign it. Well 26 Test Well OversiQht with Hvdro Logic Attached is a contract with Hydro Logic for oversight of drilling of Well 26 test well. The proposal if for T&M not to exceed $22,230.00. From the desk of. . . Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridi31l, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gmdyl@meridiancity.org ~ Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $22,230.00 with Hydro Logic for construction services on Well 26 test well and authorize the Mayor to sign it. Installation of Security Enclosures for Test Wells with Hydro Logic Attached is a contract with Hydro Logic for retrofitting of security enclosures for test wells .17, 18, 19, and 21. These structures help prevent tampering with the test wells and potential contamination of the aquifers. The contract iffor $10,400.00. Recommended Council Action: The Public Works Department recommends that City Council approve the contract for $10,400.00 with Hydro Logic for installation of Security Enclosures for test wells and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 2 Hy<irQ WBiCt Th~ 1002 W. Franklin Street. Boise. ill 83702 (208) 342-8369. (Fax:) 342-3100. hydrologic@qwest.net January 13, 2004 Mr. Len Grady Public Works Department City Of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 COST ESTIMATE, SCOPE OF WORK, PROPOSAL, AND AGREEMENT FOR WELL HEAD MODIFICATIONS TO THE CITY OF :MERIDIAN'S LONG-TERM MONITORING WELLS Nos. 17, 18, 19, AND 21. Dear Len: We have recentlly completed well head instrument shelters/security enclosures for the City's long-term monitoring wells Nos. 20,24, and 25. At your request, I have prepared this proposal and agreement to construct and install similar enclosures for monitoring wells Nos. 17, 18, 19, and 21. The two-inch, flowing artesian piezometer tubes are equipped with shut offvalves, artesian blow-down air valves (to prevent freezing in winter), and are marked as to depth of each individual tube's completion interval. These configurations must be packed off with an inflatable packer, the pipes cut off and lowered, and re-plumbed at a lower level. The casing extensions also bring the test-wells in compliance with IDWR rules for above ground protrusion of the casings which are now too low owing to the landscaping of many of the lots. The proposed enclosures would be similar to the security well-head enclosure we recently completed for the Meridian #24 monitoring welL For this project, we are submitting th~ following outlined proposed scope of work and estimated costs as our proposal to accomplish the work. We have maintained the same pricing for the remaining well heads as for Well #24. Although some of the well heads will not require quite as large a diameter shelter, some will need traffic barriers so that the costs are expected to offset each other. If you would like us to proceed, please sign at the bottom of this document and we can accomp lish the work before the end of the year. I have divided the work into the following three main sections with the details of each section outlined below. 1) Design, scheduling, coordination, and final project letter report. a. Site visit to observe grading and site constraints. b. Develop shelter design, work with welding contractor and obtain quotes. c. Scheduling of the work and installation. d. Keep City informed of progress. e. Obtain new Well Identification tag from IDWR and have installed. f. Short letter report to City upon completion. g. Reconcile measurement datums for the four piezometers with documentation to files and adjustment of existing spreadsheet data and are-plot ofhyclrographs. h. Estimated cost: $ 650 Continued on reverse STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of March in the year 2004 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). O\VNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes design, fabrication, and installation offoUT instrument shelter/ security enclosures and re-plumbing oftest-well piezometers for the City's long term monitoring wells Nos. 17, 18, 19, and 21. The Project for which the Work under the Agreement, is described as follows: Security Enclosures for Test-Wens. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONSULTANT will be familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within ninty(150) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current funds as follows: Total Contract Price is $10,400.00. Article 5 P A Y1\1ENT PROCEDURES. The CONSULTANT will submit Applications for Payment as the individual shelters are completed. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Department, on or about the 15th day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 3/16/2004 Page 1 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONSULTANT'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONSULTANT makes the following representations: 7.1 The CONSULTANT has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSULTANT has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONSULTANT. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - Nt A. 8.3 Information For Bidders - N/A. 8.4 Drawings - NtA. 8.5 CONSULTANT's Quote _13th of January, 2004. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONSULTANT prior to Notice of Award. 8.9 The documents listed in paragraph 8.5 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Docmnents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent ofthe party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Docmnents. 3/16/2004 Page 2 9.2 OWNER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN \VITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONSULTANT and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or by ENGINEER on their behalf. By: By .2004. CONSULTANT ~ro Lo~~c.., I ~(' t:. +2;] S9<A;rss The Agreement will be effective on Owner CITY OF lvlERIDIAN Name: Mayor De Weerd Name: Attest: Attest: Name: William Berg JT.. City Clerk Name: 3/16/2004 Page 3 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. (f) -- )V( /Vl REQUEST Contract for Services between the City of Meridian and The Hudson Company for Site Selection Process for City Hall 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 Contract ~ Ctt~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CONTRACT for Services By and Between the City of Meridian and THE HUDSON COMPANY for Site Selection Process for City Hall THIS CONTRACT is made this 6th day of April, 2004, by and between the City of Meridian, 10, (hereinafter referred to as "CLIENT"), whosemailingaddressis33EastldahoAve.Meridian.ID 83642, and THE HUDSON COMPANY (herein referred to as "CONSULTANT"), whose mailing address is P.O. Box 8645, Moscow, Idaho 83843, a professional services corporation existing under and by virtue of the laws of the State of Idaho. The parties mutually agree as follows: 1. REQUIRED WORK. The CONSULTANT shall perform the services specified in SCOPE OF WORK set forth in Attachment 1 to this CONTRACT, in accordance with terms and conditions as defined herein. Deliverable to be produced by CONSULTANT in performance of the SCOPE OF WORK are set forth in Attachment 1. 2. COMPENSATION FOR SERVICES. CLIENT in full consideration of the service to be performed under this CONTRACT, agrees to pay CONSULTANT $14,080 for professional services and a sum not to exceed $1,909 for expenses, per Attachment 2, for a total not to exceed $15,989. Expenses will be billed monthly at cost, except per diem, which will be billed at $30 per day of travel, and mileage, which will be billed at $.375 per mile. CONSULTANT wllJ be responsible for submitted monthly invoices for all consulting work hours completed. The CLIENT will make payments promptly to CONSULTANT based on monthly invoices and in accordance with the following schedule: Execution of CONTRACT 20% (Of Total Fees and Expenses) Monthly Billings Percentage of Completion, Up to 80% (Of Total Fees and Expenses) Acceptance of Final Report 20% (Of Total Fees and Expenses) By mutual written agreement, the CONTRACT may be amended from time to time to include additional planning services and fees as may be needed to pursue the primary purpose of the CONTRACT, site selection and acquisition for City Hall. Contract for SelVices, Page 1 of 7 3. PERFORMANCE SCHEDULE. Unless otherwise specified in writing, all work shall begin April 6,2004 and be completed no later than June 30, 2004. CONSULTANT will provide the CLIENT a monthly progress report and invoice for work completed. Invoices will specify percentage of completion of the SCOPE OF WORK. The Consultant Project Manager (PM) for this project is Jerry Wallace, who is available by email at iwallace@thehudsonco.com and by cell phone at (208) 301-4122. PM will serve as liaison for The Hudson Company and shall ensure work is completed on time using appropriate project management tools. CONSULTANT shall maintain high quality standards, positive working relationships among the client team, and work with the public using principles of good client relations. Should the CLIENT have any concems about the quality or progress of work, the CLIENT will provide a written notice to this effect, including specific concerns and recommendations for remedy. Absence of such a written notice sent within two weeks of receipt of the progress reports will indicate the CLIENT'S satisfaction with quality and progress of work to date. Should additional work be authorized by the CLIENT, the CLIENT and CONSULTANT will review the time schedule and jointly agree upon a completion date. 4. CONFLICT OF INTEREST. The CONSULTANT covenants that it presently has no interest and shall not acquire an interest directly or indirectly which will, in the determination of the CLIENT, conflict. in any manner or degree with the performance of its services hereunder. 5. INDEMNIFICATION AND INSURANCE. The CONSULTANT shall protect, indemnify, and save the CLIENT harmless from and against any damage, cost or liability, including reasonable attorney's fees for any or all injuries to persons or property or claims for money damages arising from acts or omissions of CONSULTANT, its employees, or subcontractors, however caused. The CLIENT will save the CONSULTANT harmless from and against any damages, cost or liability, including reasonable attorney's fees for any or all injuries to persons or property or claims for money damages arising from acts or omissions of CLIENT, their employees, or subcontractors, however caused. 6. CONTRACT RELATIONSHIP. It is distinctly and particularly understood that the CONSULTANT is an independent contractor in the performance of each and every part of this CONTRACT. The CONSULTANT is not an employee of the CLIENT and will perform all services free from supervision, direction or control of the CLIENT.e Contract for Services, Page 2 of 7 7. LIABILITY. The CONSULTANT shall exonerate, indemnify and hold the CLIENT harmless from and against and assume full responsibility for payment of all federal, state, and local taxes or contribution imposed or required under unemployment insurance, social security, workers compensations, and income tax laws with respect to CONSULTANT'S employees engaged in the performance of this CONTRACT. The CONSULTANT will be responsible for maintaining worker's compensation insurance and will provide certificate of same, if required. The CLIENT will not assume liability as an employer. 8. WORKER'S COMPENSATION INSURANCE. CONSULTANT shall maintain during the life of this CONTRACT, Worker's Compensation Insurance for all of CONSULTANT employees performing work on this project and in case of any work that is sublet, CONSULTANT shall require any subcontractor, similarly, to provide Worker's Compensation Insurance for all the latter's employees as specified by Idaho law unless such employees are covered by the protection afforded by the CONSULTANT. In case any class of employees engaged in work under this CONTRACT is not protected under Worker's Compensation statutes, CONSULTANT shall provide and shall cause such subcontractor to provide compensation insurance in an amount equal to that provided by the Worker's Compensation statute for the protection for subcontractor's employees not otherwise protected. 9. NOTICES. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this CONTRACT, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt request, addressed as followed: Mayor Tammy De Weerd (or designee) City of Meridian, Idaho 33 East Idaho Ave Meridian, Idaho 83642 (and) Jerry Wallace, Principal and Project Manager THE HUDSON COMPANY P. O. Box 8645 Moscow, Idaho 83843 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the either in the manner h~rein provided. 10. 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 Contract for SeNices, Page 3 of 7 timely perform any of the obligations hereunder shall constitute a breach of and a default under this CONTRACT by the party so failing to perform. Should the parties determine mutually that the timeline for services under this CONTRACT needs to be amended, amendment to the CONTRACT'S timeline and duration must be agreed to in writing by both parties. 11. ASSIGNMENT. It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this CONTRACT except upon the prior expressed written consent of CLIENT. 12. PUBLICATION, REPRODUCTION AND USE OF MATERIAL. All material produced in whole or in part under this contact shall be the exclusive property of the CLIENT. 13. RELEASE OF INFORMATION. CONSULTANT will work with the media, under supervision of CLIENT, to distribute public information about the project. Such information may include progress updates, meeting notices, and results from the planning process. 14. COMPLIANCE WITH LAWS. In performing the scope of services required hereunder, CONSULTANT and CLIENT shall comply with all applicable laws, ordinances, and codes of federal and state governments. 15. FAILURE TO PERFORM. Upon any substantial failure to perform this agreement by either party, the other party shall be entitled to the following remedy: a. Stop performing or accepting performance of the CONTRACT until the matter is resolved. b. Where appropriate, obtain completion of the performance of the remaining balance of the CONTRACT with the original party. Upon discovery of the problem or defect, mail a written description of it to the other party, and: 1. If the defect can be cured, demand specific remedial action within a specified reasonable time, or 2. If the defect cannot be cured, specify any alternative performance which would be acceptable in lieu of the required performance and a specified time within which the alternative performance would be required; or 3. If the defect cannot be cured an no alternative performance is acceptable, the other party shall thereupon have the right to terminate this CONTRACT by giving written notice to the party-in-violation of such termination and specifying the Contract for SeIVices, Page 4 of 7 effective date thereof at least fifteen (15) days before the effective date of such termination. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by CONSULTANT under this CONTRACT shall, at the option of the CLIENT, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 16. ENTIRE CONTRACT. This CONTRACT, and exhibits attached hereto, contain the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 17. APPLICABLE LAW. This CONTRACT shall be governed by, construed and enforced in accordance with the laws of the State of Idaho. IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this CONTRACT the day and ~ ~7 City of e. ian, Idaho BY Tammy De Weerd Mayor City of Meridian THE HUDSON COMPANY Contract for Services, Page 5 of 7 Attachment 1 - SCOPE of WORK Services & Deliverables The Site Selection project will be completed in three months, subject to availability of the Site Selection Committee and City Council to meet, provide input and make decisions per the process outline in this proposal. Ste Action 1 Organize; Assess Current Status of Planning and Design a Establish a Sile Selection Committee b Meet \'Ath Sile Selection Committee to set goals, constraints, protocols c Meet \'Ath City's architects to review design priorilies, constraints, needs d Facilitate City Council workshop to Identify development priorities e Evaluate City documents to identify existing selection priorities 2 Develop Site Selection Criteria a Prepare draft list of site selection criteria b Present draft list to Committee; Conduct criteria 'Mlrkshop c Present Committee recommendations to Council in 'Mlrkshop d Prepare final list of'Mlighted site seleellon criteria 3 Conduct Survey of Sites a Prepare a draft list of candidate sites b Conduct survey of candidate siles' characteristics 4 Multi.crfteria Analysis of Candidate Sites a Evaluate candidate sites using the multi-criteria evaluation method b Conduct Committee wolkshop to short-list of sites c Prepare Summary of Findings on candidate sites 5 Conduct Evaluation of Short-List; Recommend Preferred Site a Collect detailed information on short-listed sites b Incorporate information into evaluation matrix; conduct refined evaluation c Present findings to Site Selection Committee d Prepare rank-ordered recommendation for preferred sites e Prepare Summary of Findings and Recommendations & Action Plan f Submit Summary of Findings and Recommendations to City Council MONTH 1 2 3 De/werab/es i. Summary of Findings from Actions 'a'.'e'. i. Draft list of site selection criteria ii. Committee workshop on criteria Iii. Council IM>rkshop on findings iv. Final list of'M3ighted site selection criteria i. Inventory of Candidate Sites & Traits Inventory of Candidate Sites ii. Summary of Findings on Candidate Sites iii. Report; Short-List Sites Recommendations Additional details on short-listed sites Summary of Findings, Recommendations, & Action Plan Contract for Services, Page 6 of 7 Attachment 2 - SCOPE of WORK Statement of Fees & Expenses Total fee for the work (including all steps and deliverables) is $14,080. Expenses will not exceed $1,909, subject to the opportunity to schedule the work in conjunction with other work in the area. If it is not possible to conduct work with other local site visits (by staying longer), airfare, travel time and travel expense to our airport may require additional costs depending on the number of site visits and trip efficiency. Total fee and expenses, per the table below will not exceed $15,989 (subject to the travel issue noted above) . Fees $ 14,080 Expenses Telephone $ 50 Printing $ 100 Accommodations $ 660 Per diem $ 360 Rental Car $ 270 Airfare $ 400 Travel to Airport $ 68 $ 1,909 Total Fees & Expenses $ 15,989 Contract for Services, Page 7 of 7 April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. Cs> - rp REQUEST Beer, Wine, and Liquor License Renewals 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; 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: r # Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property ot the City of Meridian. April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. (, f) - ;\;1 /"'l REQUEST Contract for Services between the City of Meridian and The Hudson Company for Site Selection Process for City Hall 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: SANIT ARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contract ~ ~ Contacted: Emailed: Date: Staff Initials: Phone: Ma1erlals presented at public meetings shall become property of the City of Meridian. CONTRACT for Services By and Between the City of Meridian and THE HUDSON COMPANY for Site Selection Process for City Hall THIS CONTRACT is made this 6lh day of April, 2004, by and between the City of Meridian, ID, (hereinafter referred to as "CLIENT"), whose mailing address is 33 East Idaho Ave, Meridian, 10 83642, and THE HUDSON COMPANY (herein referred to as "CONSULTANT"), whose mailing address is P.O. Box 8645, Moscow, Idaho 83843, a professional services corporation existing under and by virtue of the laws of the State of Idaho. The parties mutually agree as follows: 1. REQUIRED WORK. The CONSULTANT shall perform the services specified in SCOPE OF WORK set forth in Attachment 1 to this CONTRACT, in accordance with terms and conditions as _.~..- ........ defined herein. Deliverable to be produced by CONSULTANT in performance of the SCOPE OF WORK are set forth in Attachment 1. 2. COMPENSATION FOR SERVICES. CLIENT in full consideration of the service to be performed under this CONTRACT, agrees to pay CONSULTANT $14,080 for professional services and a sum not to exceed $1,909 for expenses, per Attachment 2, for a total not to exceed $15,989. Expenses will be billed monthly at cost, except per diem, which will be billed at $30 per day of travel, and mileage, which will be billed at $.375 per mile. CONSULTANT will be responsible for submitted monthly invoices for all consulting work hours completed. The CLIENT will make payments promptly to CONSULTANT based on monthly invoices and in accordance with the following schedule: Execution of CONTRACT 20% (Of Total Fees and Expenses) Monthly Billings Percentage of Completion, Up to 80% (Of Total Fees and Expenses) Acceptance of Final Report 20% (Of Total Fees and Expenses) By mutual written agreement, the CONTRACT may be amended from time to time to include additional planning services and fees as may be needed to pursue the primary purpose of the CONTRACT, site selection and acquisition for Clty Hall. Contract for Services, Page 1 of 7 3, PERFORMANCE SCHEDULE. Unless otherwise specified in writing, all work shall begin April 6,2004 and be completed no later than June 30, 2004. CONSULTANT will provide the CLIENT a monthly progress report and invoice for work completed. Invoices will specify percentage of completion of the SCOPE OF WORK. The Consultant Project Manager (PM) for this project is Jerry Wallace, who is available by email at iwallace@thehudsonco.com and by cell phone at (208) 301~4122. PM will selVe as liaison for The Hudson Company and shall ensure work is completed on time using appropriate project management tools. CONSULTANT shall maintain high quality standards, positive working relationships among the client team, and work with the public using principles of good client relations. Should the CLIENT have any concems about the quality or progress Of work, the CLIENT will provide a written notice to this effect, including specific concerns and recommendations for remedy. Absence of such a written notice sent within two weeks of receipt of the progress reports will indicate the CLIENT'S satisfaction with quality and progress of work to date. Should additional work be authorized by tb~__ _ CLIENT, the CLIENT and CONSULTANT will review the time schedule and jointly agree upon a completion date. 4. CONFLICT OF INTEREST. The CONSULTANT covenants that it presently has no interest and shall not acquire an interest directly or indirectly which will, in the determination of the CLIENT, conflict in any manner or degree with the performance of its services hereunder. 5. INDEMNIFICATION AND INSURANCE. The CONSULTANT shall protect, indemnify, and save the CLIENT harmless from and against any damage, cost or liability, including reasonable attorney's fees for any or all injuries to persons or property or claims for money damages arising from acts or omissions of CONSULTANT, its employees, or subcontractors, however caused. The CLIENT will save the CONSULTANT harmless from and against any damages, cost or liability, including reasonable attorney's fees for any or all injuries to persons or property or claims for money damages arising from acts or omissions of CLIENT, their employees, or subcontractors, however caused. 6. CONTRACT RELATIONSHIP. It is distinctly and particularly understood that the CONSULTANT is an independent contractor in the performance of each and every part of this CONTRACT. The CONSULTANT is not an employee of the CLIENT and will perform all services free from supervision, direction or control of the CLIENT. Contract for Services, Page 2 of 7 7. LIABILITY. The CONSULTANT shall exonerate, indemnify and hold the CLIENT harmless from and against and assume full responsibility for payment of all federal, state, and local taxes or contribution imposed or required under unemployment insurance, social security, workers compensations, and income tax laws with respect to CONSULTANT'S employees engaged in the performance of this CONTRACT. The CONSULTANT will be responsible for maintaining worker's compensation insurance and will provide certificate of same, if required. The CLIENT will not assume liability as an employer. 8. WORKER'S COMPENSATION INSURANCE. CONSULTANT shall maintain during the life of this CONTRACT, Worker's Compensation Insurance for all of CONSULTANT employees performing work on this project and in case of any work that is sublet, CONSULTANT shall require any subcontractor, similarly, to provide Worker's Compensation Insurance for all the latter's employees as specified by Idaho law unless such employees are covered by the protection afforded by the CONSULTANT. In case any class of employees engaged in work under this CONTRACT is not protected under Worker's Compensation statutes, CONSULTANT shall provide and shall cause ?yQh_ subcontractor to prOVide compensation insurance in an amount equal to that provided by the Worker's Compensation statute for the protection for subcontractor's employees not otherwise protected. 9. NOTICES. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this CONTRACT, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt request, addressed as foHowed: Mayor Tammy De Weerd (or designee) City of Meridian, Idaho 33 East Idaho Ave Meridian, Idaho 83642 (and) Jerry Wallace, Principal and Project Manager THE HUDSON COMPANY P. O. Box 8645 Moscow, Idaho 83843 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the either in the manner hE;:lrein provided. 10. 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 Contract for Services, Page 3 of 7 ( " r timely perform any of the obligations hereunder shall constitute a breach of and a default under this CONTRACT by the party so failing to perform. Should the parties determine mutually that the timeline for services under this CONTRACT needs to be amended, amendment to the CONTRACT'S timeline and duration must be agreed to in writing by both parties. 11. ASSIGNMENT. It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this CONTRACT except upon the prior expressed written consent of CLIENT. 12. PUBLICATION, REPRODUCTION AND USE OF MATERIAL. All material produced in whole or in part under this contact shall be the exclusive property of the CLIENT. 13. RELEASE OF INFORMATION. CONSULTANT will work with the media, under supervision of CLIENT, to distribute public information about the project. Such information may include progress updates, meeting notices, and results from the planning process. _,_.~ _ 14. COMPLIANCE WITH LAWS. In performing the scope of services required hereunder, CONSULTANT and CLIENT shall comply with all applicable laws, ordinances, and codes of federal and state governments. 15. FAILURE TO PERFORM. Upon any substantial failure to perform this agreement by either party, the other party shall be entitled to the following remedy: a. Stop performing or accepting performance of the CONTRACT until the matter is resolved. b. Where appropriate, obtain completion of the performance of the remaining balance of the CONTRACT with the original party. Upon discovery of the problem or defect, mail a written description of it to the other party, and: 1, If the defect can be cured, demand specific remedial action within a specified reasonable time, or 2. If the defect cannot be cured, specify any alternative performance which would be acceptable in lieu of the required performance and a specified time within which the alternative performance would be required; or 3. If the defect cannot be cured an no alternative performance is acceptable, the other party shall thereupon have the right to terminate this CONTRACT by giving written notice to the party~in-violation of such termination and specifying the Contract for Services, Page 4 of 7 effective date thereof at least fifteen (15) days before the effective date of such termination. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by CONSULTANT under this CONTRACT shall, at the option of the CLIENT, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 16. ENTIRE CONTRACT. This CONTRACT, and exhibits attached hereto, contain the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 17. APPLICABLE LAW. This CONTRACT shall be governed by, construed and enforced in accordance with the laws of the State of Idaho. IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this CONTRACT iQEtday and y City of e' ian, Idaho BY Tammy De Weerd Mayor City of Meridian THE HUDSON COMPANY Tom Hudson, Principal and Owner The Hudson Company Contract for Services, Page 5 of 7 Attachment 1 - SCOPE of WORK Services & Deliverables The Site Selection project will be completed in three months, subject to availability of the Site Selection Committee and City Council to meet, provide input and make decisions per the process outline in this proposal. Ste Action 1 Organize; Assess Current Status of Pfannlng and Design a Establish a Site Selection Committee b Meet Wth Site Selection Committee to set goals, constraints, protocols c Meet Wth City's architects to review design priorities, constraints, needs d Facilitate City Council workshop to identify development priorities e Evaluate City documents to identify existing selection priorities 2 Develop Site Selection Criteria a Prepare draft list of site selection criteria b Present draft list to Committee; Conduct criteria 'IVOrkshop c Present Committee recommendations to Council in 'IVOrkshop d Prepare final list of weighted site selection criteria 3 Conduct Survey of Sites a Prepare a draft Hst of candidate sites b Conduct survey of candidate sites' characteristics 4 Multi-crlteria Analysis of Candidate Sites a Evaluate candidate sites using the multi-criteria evaluation method b Conduct Committee 'IVOrkshop to short-list of sites c Prepare Summary of Findings on candidate sites 5 Conduct Evaluation of Short-List; Recommend Preferred Site a Collect detailed information on short-listed sites b Incorporate information into evaluation matrix; conduct refined evaluation c Present findings to Site Selection Committee d Prepare rank-ordered recommendation for preferred sites e Prepare Summary of Findings and Recommendations & Action Plan f Submit Summary of Findings and Recommendations to City Council MONTH 1 2 3 De/ivembles i. Summary of Findings from Actions 'a'-'e'. Contract for Services, Page 6 of 7 i. Draft list of site selection criteria ii. Committee 1Mlrkshop on criteria iii. Council 'IVOrkshop on findings lv. Final list of weighted site selection criteria i. Inventory of Candidate Sites & Traits i. Inventory of Candidate Sites ii. Summary of Findings on Candidate Sites iii. Report: Short-List Sites Recommendations i. Additional detalls on short-listed sites Ii. Summary of Findings, Recommendations, & Action Plan Attachment 2 - SCOPE of WORK Statement of Fees & Expenses Total fee for the work (including all steps and deliverables) is $14,080. Expenses will not exceed $1,909, subject to the opportunity to schedule the work in conjunction with other work in the area. If it is not possible to conduct work with other local site visits (by staying longer), airfare, travel time and travel expense to our airport may require additional costs depending on the number of site visits and trip efficiency. Total fee and expenses, per the table below will not exceed $15,989 (subject to the travel issue noted above). Fees $ 14,080 Expenses Telephone $ 50 Printing $ 100 -..........- ""'"- Accommodations $ 660 Per diem $ 360 Rental Car $ 270 Airfare $ 400 Travel to Airport $ 68 $ 1,909 Total Fees & Expenses $ 15,989 Contract for SeNices, Page 7 of 7 April 1 ,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. LP~ 00 REQUEST Request to transfer funds in the amount of $13,000.00 from the lochsa Falls P.A.L. Soccer Account to Bear Creek Park Account to complete sidewalks, service road, and irrigation pump building 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 rr<<fV~ OJ; \' r Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shalf become property of the City of Meridian. APR 0 2 2004 MEMORANDUM City Of Meridian City Clerk Office TO: Mayor and Council FROM: Douglas Strong, Director iQj Meridian Parks and Recreation Department SUBJECT: Consent Agenda Items for April 06, 2004 meeting DATE: April 2, 2004 The Parks Department is requesting a transfer of funds in the amount of$13,OOO.OO from the Lochsa Falls P .A.L. Soccer Construction account to the Bear Creek Park account. This is for concrete sidewalks, service road, and irrigation pump building. The total funding request is the same as we brought to council on March 23,2004 under Department Reports. It is all expressed in square feet to simplify things. CONCRETE PRICES: The amount of concrete footage is 4,562 square feet. QUOTE RECEIVED: Two written quotes were received which are as follows: · Haemker General Contracting Company $2.35 sq ft. · Hess Construction $2.50 sq ft. Total $10,720.70 Total $11,405.00 PUMP BUILDING PRICES: · Haemker General Contracting Company · Idaho Wood Sheds $1,874.00 $1,795.00 In reviewing the materials list for the building it was decided that Haemker General Contracting Company would give us a building that would be a better overall constructed building for the long term. We would therefore like to recommend Haemker General Contracting Company to do the work. ;~~.~~ i 'g ~ ~ " <: ~ :!~;:iE:t- ~;~~~ ~;"~~~~ ........'"';"~~~ "111L I i I i I I , , I I I I I j I I / /'0...._ /' / / ....~~------- 4'E'~Go:./ ,. ./ - ~'-C "-"~ ~~ '" " -- "\ \ . /"'"~-~ \ \ I' ~ )/ ""'. I "'-"__., """ /1 hJ-eW ~ """---., "- ! r /. '---____., j' "2.. 0'7 Ji.;';'i-- '- / Ii / 'T" / "V I 'AI .- ,f / .'/ / /! / / I / / ! I .' , / ! j' ~- " :. '. 'SV" ; . , ! D" ,~",.~d, ~ :r. I'- ~ ---l?!:i~j 1 ~ ~, . . ~ ~01s'''---'ffjj., ~ ~-~ 1 1 C' +--.;;. dA 'A v- t\ fi... G: --' ' ....\ I I- I fl !? ^' 1 ( D, I ~,,"-,-,t,1 .. i D'""', , , ! . , i ~ I II J .V '. ( '- \,,-"- - I i Cl,', .>- _____._ _ i . ~,/'- i ~ I !/ "'..., t;;~t: r ;;\ ~ J~, ~~ -..--..----,:- .- '(<:0.:.",./ I~ , _. tJd/J., ...:>10 "I/ ;:/",-r~( ,',. .' F>-~d: ;5~o.., _, _ _ .-. :;.> . "'I-J''c<;.."" I .c. /~"-o> il L, ,{ , t-. --., I Ie ( n,olll':" <: it:.,. ~d ~ ( . '-...J I. r, ,... ~ c.. (o ~'.,.,,,,, IS/'r , r-,.\""" .-'_..... - .) .~.LI-<,~~, 'i c- l<f._"" /'4'" ~ L....J..o.; I J,' , " , '. L-,~,I---<: - .' S,,~/,V i (""'- j-6, / :"~--"--- - d" .' --- '-- ------~~.~ /' / / / '\ i ------. .~~ / ./ ( , / //-.. .. / . , \ April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 6, 2004 ITEM NO. (9-QD REQUEST Approve Bills AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: J~ 01f Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City ot Meridian. April 1 , 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Initial Point, LLC AZ 03-028 April6r 2004 ITEM NO. I{ REQUEST Ordinance - Request for annexation and zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossing Subdivision No.2 - 1295 West McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance l' .~ ~. iV/tO ~rr ' V'1 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become property of the City of Meridian. ( ADA COUNTY RECORDER~. tJAVID NAVARRO BOISE IDAHO 04/16/04 09:08 AM DEPUTY Vicki Allen RECORDED - REQUEST OF City Of Meridian AMOUNT .00 5 111111111I111111111111111111111111111 104045308 CITY OF MERIDIAN ORDINANCE NO. 04- 1073 AN ORDINANCE FINDING THAT, INITIAL POINT, L.L.C., THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT 1295 W. McMILLIAN ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS COBBLEFIELD CROSSING SUBDMSION NO. 2 AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LTh1ITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BEA PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-03-028) - 1 LEGAL DESCRIPTION COBBLEFIELD CROSSING SUBDIVISION #2 A parcel ofland located in the Northwest 'l4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. Being further described as follows: Beginning at a point on the North line of said Northwest ~ of said section 36, from which the Northwest corner of said section 36 bears North 89052'43" West a distance of812.11 feet; thence continuing along said North line South 89052'43" East, a distance of 477.60 feet thence leaving said North line, South 00021 '32" East a distance of 17.98 feet; thence South 89054'32" East a distance of51.52 feet; thence South 00013'32" East a distance of655.65 feet; thence North 89054'32" West a distance of 547.21 feet; thence North 25034'23" East a distance of 184.46 feet; thence North 11014' 17" East a distance of 79.20 feet; thence North 89052'43" West a distance of78.21 feet; thence North 00011 '44" West a distance of 429.61 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 346,513 square feet (7 .95 acres). BASIS OF BEARINGS: The North line of the Northwest ~ of Section 36, Township 4 North, Range 1 West, Boise Meridian, derived from found monuments and taken as North 89052'43" West. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING ORDINANCE (AZ-03-028) - 2 SECTION 5: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby repealed, rescinded and annulled. SECTION 6 This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7 The Clerk ofthe City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code ~63-2215 and ~50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /J;;rn L , 2004. 6../( - day of c: -It- A~VED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this tI -- 7 , 2004. . day of ATTEST: First Reading: 1-- 6 ~f} t/-- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: X No: Second Reading: Third Reading: STATE OF IDAHO,) : ss. County of Ada ) On this 61h day of r,' , 2004, before me, the undersigned, a Notary Public in and for said State, personally a peared 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year firs~ab'ove"wrjJ!en. ..~.. \C E L ,,##'# .... ~ . 'fA_ ~# .;, "- ........... '7 ~ ..... " '\t'.. .. <{':l..... $ 0- o. yr-..;.. \ : i "!,\OT4Ji.l ..0:,..... ~ :*. .r-:: : : ...... : * :: : '.p .: ~ 1ft. .0. {JBLIC I $ \~... .J' $ ~....."1 "'./1 ......... ~ 0 :to...... ....,., OF IP ~\~~~.. .............. Z:\Work\M\Meridian\Meridian ] 5360M'Cobblefield Crossing Sub No.2 AZ"()3"()28 PP"()3"()33 CUP-03"()59\AZOrd.doc (SEAL) PUBLIC FOR IDAHO S GAT: fi1ty/d/(/J,,- COMMISSION EXPIRES: OYj!/W/07 ANNEXATION AND ZONING ORDINANCE (AZ-03-028) - 4 w ~f' ~ ~ z ~ 0 ~ ':0 ,z 0 (t. l . ~ 0 ~.g "5 ~ U! C'l ~(f) ..,- 1-"'<1" cC. --(!) 0';:)(<) . O'l ~ W<<J O.S ~ ~ciO U1U!~ Z<f)\- ~E9 ~ u.1~0 \-:- o ~ C0 U- 0:: i o C- Ow- u.! 5 Z-o.g ';i9 ~~ 4:. __ 0 'r 3 ffi Z <D Q) Cu.i~ c<Ji:;/:) .- (/) - Q) :...J - \.\-' 00 ..,- . ~ DO) (!) Nt- (!) 0....... 0 0:::5 wZ 0 ~ O.g ~~ (j) ,99'999 \11'(<) "5 0 ;:t $ 0 co 3..Zt.Bl-.,OOS (J) 0 ~ N ....... ~ C') C"! ';q- ~ b J.0 ~ ., ~ ~ gs LO t- Z ., ~ Q) 0;) Z ,Sf;-' J9"6ZV 'be/. 2/"rc: ,'bc M..vvJ l-.,OON ogctv ~ Cr>- o;:t....... - C'ol C'ol . J.00;) (.!) " l'- u-Z gs oz z 'Z~ _0 ou.! (1. co 3= ~ ....... ....... N c-.i J.0 0 ....... gs 0;) z c.o c0 OB B3QNn N CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor) Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG) JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 04- I {J 73 , passed by the City Council of the City of Meridian, on the G ~ day of ~/Z ) 2004, is a true and correct copy ofthe original of said document which is in the care, custody and control of the City Clerk ofthe City of Meridian. d~~~9- WILLIAM G. BERG, JR. STATE OF IDAHO, ) : ss. County of Ada, ) On this 6fl, day of /;,1"/ / ) in the year ;} OOt.! , before me, , )() iA,~ce L :::;"" :+l.... , a Notary Public, 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 ac!mowledged to me that he executed the same on behalf of the City of Meridian. ,.., ...." ", I,. ~""j.\CE L. 8 ""'" l' '\ "r- ......u.... ~..... ...... ,: ee e. ,?>'" ~.. G. W"I!'-. ..-:- .. . ~OTA.b .'v"'" : * : ~[ J- t ~ : : -.... : ~ :.:.p ~~! ':.</l:':. (rBLIC.. :: '\ ~ ..0 .e-.: .. "1 ') .... .0 0 "" iIII'.. ~/L CiI........ ~_ ,-. ....4 ~. 0r In 1>> ,,,,, .'.~ l' .... "" .....\iI.IiI~I~.''l' P lic for Idaho I:.. i ion Expires: o~ '::1-0/tJ7 / (SEAL) Z:\Work\M\Meridian\Meridian 15360M'Cobblefield Crossing Sub No.2 AZ-03-Q28 PP-Q3-Q33 CUP-03-Q59\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-Q3-Q28 1 WHITE PETERSON ArrORNEYS AT LAW KEVIN DINIUS JULIE KlEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, In T. GUY HALLAM .. JILL S. HOLINKA JOtlN R. KORMANIK · WILLIAM A. MORROW WILLIAM F. NICHOLS .. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 4664405 CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHIT!! ... · Also admitted in CA .. Also admitted in OR ... Also admitted in W A March 2, 2004 William G. Berg, If. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 04- ( tJ ?:5 , (Initial Point, L.L.C.) Summary Ordinance Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization ofthe ordinance providing for an annexation and zoning ordinance for fuitial Point, L.L.C. 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 of Idaho Code S 50-901(A). Very truly yours, Wm. F. Nichols Enclosure Z:\Work\M\Meridian\Meridian 15360M'Cobblefield Crossing Sub No.2 AZ-03-D28 PP-D3-D33 CUP-Q3-Q59'Berg Sum Ord Ur 03 02 04.dcc IiIlI I I To: CI~iJl;;lerK~lt,lffiaMl From,Sleve O'Brien j 0 CC: File Date: 3/16/04 Re: Ordinance Maps for Cotj'l:m3fieldj,C(9~lG!g~o. 2 and Kissler/CobbslEgy/Ruwe AZ Per your request... . Page 1 FROM THE DESK OF: STEVE Q1BRIEN ENGINEERING TECHNICIAN MERIDIAN PUBLIC WORKS DEPARTMENT 660 E. WATERTOWER SUITE 200 MERIDIAN, IDAHO 83642 PH: (208) 898-5500 FAX: (208) 898-9551 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- / tJ 73 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Initial Point, L.L.C., to be known as Cobblefield Crossing Subdivision No.2, consisting of7.98 acres and commonly located at 1295 W. McMillan Road, Meridian, Idaho, with a zoning designation ofR-8 Medium Density Residential; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. LEGAL DESCRIPTION COBBLEFIELD CROSSING SUBDIVISION #2 A parcel ofland located in the Northwest ~ of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. Being further described as follows: Beginning at a point on the North line of said Northwest ~ of said section 36, from which the Northwest comer of said section 36 bears North 89052'43" West a distance of 812.11 feet; thence continuing along said North line South 89052'43" East, a distance of 477.60 feet thence leaving said North line, South 00021 '32" East a distance of 17.98 feet; thence South 89054'32" East a distance of51.52 feet; thence South 00013'32" East a distance of655.65 feet; thence North 89054'32" West a distance of547.21 feet; thence North 25034'23" East a distance of 184.46 feet; thence North 11014'17" East a distance of79.20 feet; thence North 89052'43" West a distance of78.21 feet; thence North 00011 '44" West a distance of 429.61 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 346,513 square feet (7.95 acres). BASIS OF BEARINGS: The North line ofthe Northwest ~ of Section 36, Township 4 North, Range 1 West, Boise Meridian, derived from found monuments and taken as North 89052'43" West. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the 61.1- day of ~ ' 2004. :\\,\\U1If1 "lfll/ :\",\' of tIE~;;!"II; S'... ~~ -==- ~-1. "~ :!"' Q r rP'!(\P~ 'r, ...". ~ S' ~ ~o ~ ~ ~ ~ - , City of Meridian ~ SEAL g Mayor and City Council ~"Y': f') i By: William G. B~r , Jr., City Clerk ~ - ~/~r ~....~ '.0 $ j /L ~ '0 ~Q' 15\' ~.;:: First Reading: -$I - t? ,- -;"'i 'Jf ~ '1'0.$ Adopted after first reading by suspension 3i~5' ~:o~ed pursuant to Idaho Code 50-902: YES X NO {/iNUlIlIt"" Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 15360M\Cobblefield Crossing Sub No.2 AZ-03-028 PP-03-033 CUP-03- 059\SUMANNEXZONGORD.doc RECEIVED MAY 042004 City Of Meridian City Clerk Office WHITE PETERSON ATTORNEYS AT LAW K.EVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GlOM V. III T. GUY HALLAM .. JILL S. HOUNKA JOHN R. KORMANIK · WILLtA,\l A. MORROW WILLIAM F. NICHOLS .. WHlTE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUlTE 200 NAMI'A, IDAHO 83687-790! TEL (208)466-9272 FAX (208) 4664405 CHRISTOPHER S. NVE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE'" · Also admitted ill CA .. Also admitted ill OR ... Alsoadmil1ed in WA May 4, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: TODD CAMPBELL CONSTRUCTION, INC. I SODA SPRINGS SUBDIVISION I FINAL PLAT - (FP-04-017) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT fOT approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols DC\Z:\ Work\M\Meridian\Mcridian 15360M\Soda Springs Sub FP-04-0 J 71ClerkFPltr 05 03 04.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TODD CAMPBELL CONSTRUCTION, INC. FOR APPROVAL OF 57 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 10 COMMON LOTS ON 11.08 ACRES IN AN R-8 ZONE FOR SODA SPRINGS SUBDIVISION, LOCATED APPROXIMATELY % MILE EAST OF N. LOCUST GROVE ROAD ON THE NORTH SIDE OF E. VICTORY ROAD, IN THE SW ~ OF SECTION 20, T.3N., R.IE. C/C 04/06/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-04-017 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 6, 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 6, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Brad Watson, of the Public Works Department, commented at the hearing, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SODA SPRINGS SUBDNISION I (FP-04-017) Page 1 of5 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SODA SPRINGS SUBDIVISION A PARCEL OF LAND ALL LOCATED IN THE SE 1/4 OF SWl/4 OF SECTION 20 T.3N., R.IE., RM., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004, I:\PROJECTS\CAMPBELL\31492\ACAD\-31492-SV -PTOO.DWG INDEX. NO. 311-20-3-2-00-00 SHEET 1 OF 3", HANDWRITTEN DATED 2/4/2004, W&H PACIFIC", Todd Campbell Construction, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: April 6, 2004, listing 24 CONDITIONS OF APPROV AL, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their April 6, 2004 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their April 6, 2004 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, number 21, such that it now reads as follows; CONDITIONS OF APPROVAL 21. Revise the Utility, Drainage and Irrigation Easement along the subdivisions west boundary to I5-foot in width, the east side of Lot 6, Block 6 to be lO-foot in width, the east side of Lot 5, Block I to be 8-foot in width, The south side of Lot I, Block 5 to be 8-foot in width, and the west side of Lot 20, Block I to be 8-foot in width. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SODA SPRINGS SUBDIVISION I (FP-04-017) Page 2 of 5 These revisions are necessitated by the location of irrigation facilities, these utility and drainage easements may be smaller if approved by Nampa & Meridian Inigation District. (Per action of the City Council taken at their April 6, 2004 meeting) 1.2 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The plans do not clearly address the revised pump station nor the storm water. The District needs calculation on storm water return (ie. What rate?) We base all of our return flows on twenty-five (25) year flows (after it has been cleaned up and retained onsite to predevelopment flows). 2. The Nine Mile Drain as well as the Ridenbaugh Canal courses along a portion of the northeast boundary of this project. ORDER OF CONDITIONAL APPROVAL OF FlNAL PLAT FOR SODA SPRINGS SUBDIVISION / (FP-04-017) Page 3 of 5 The plans show a portion of this being proposed as a park area, around the Ridenbaugh Canal and over the Nine Mile Drain. Clearer plans with more detail are required. Agreements along with Discharge Agreements and Urban Irrigation Contact will be required before Nampa & Meridian Irrigation District will give approval. 2. The final plat upon which there is contained the Certification and signature ofthe City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty~eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SODA SPRINGS SUBDIVISION ! (FP-04-017) Page 4 of 5 eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. I.th By action ofthe City Council at its regular meeting held on the ~ day of Apn l \ ,2004. Attest: .A~-k - ~ fJ 2 "'--' -- v":'\ OJ ::: William G. Berg, Jr., CIty erIB"'P.", l./ST 15\ . '" f?.$ ..... VA ~ ......... 'l/ "'I,..,'(\) '{" ,-' //'ii 'JDU0.JT~' ~\........, Copy served upon Applicant, the Plan:F}iJ;l,g,~p'~\~0'111ng Department, Public Works Department, and City Attorney. BY:~ lJ.. J1A n L"", Dated: 1fl Cllj t (;)00 '1 Z:\Work\M\Meridian\Meridian I 5360M\Soda Springs Sub FP-04-017\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SODA SPRINGS SUBDNISION I (FP-04-017) Page 5 of 5 , r MAYOR Tammy de Weerd ~ U / CITY OF :\...... -'0, L/Ylerldiafl IDAHO .\ CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887.221] - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. ROllntree LEGAL DEPARTMENT (208) 466-9272 - FAX 466.4405 STAFF REPORT: Hearing Date: April 6, 2004 From: Mayor and City Council (lfi Sonya Allen, Assistant City Planner () .c:::::# Bruce Freckleton, Senior Engineering Tech. ~ To: Re: Soda Springs Subdivision Request for Final Plat Approval of Fifty-seven (57) Single-Family Residential Lots and Ten (10) Common Lots on 11.08 Acres in an R-8 Zone for Soda Springs Subdivision, by Todd Campbell Construction, Inc. (File No. FP-04-0J7). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Todd Campbell Construction, Inc., has requested final plat approval of Soda Springs Subdivision. This subdivision consists of 57 single-family residential lots and 10 common lots on 11.08 acres in an R-8 zone. The common lots within the subdivision will be used for landscaping, storm drainage, and open space. The gross density of the subdivision is 5.14 dwelling units per acre. The net density is 6.56 dwelling units per acre. The proposed subdivision is located approximately Y2 mile east ofN. Locust Grove Road on the north side ofE. Victory Road, in the SW ~ of Section 20, T.3N., R.1E. Staff finds that the proposed final plat complies with the approved preliminary plat. Staff recommends approval of Soda Springs Subdivision with the comments and conditions stated in this report. Exhibit' A' I of 5 Mayor & City Council Hearing Date: April 6, 2004 Page 2 of 5 CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-03-027), Conditional Use Permit (CUP-03-043), and Development Agreement (Inst. No. l04027946) approved for this development. 2. The pressurized irrigation system within this development is to be owned and maintained by Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Sanitary sewer and water service to these lots shall be via main line extensions from existing mains adjacent to the subdivision. The applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development is subject to applicable sanitary sewer and water latecomers fees. 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. Any 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 IOO-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.). 6. Fencing adjacent to pathways or the common area lots shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring per preliminary plat finding #5, pg. 6. A solid, 6-foot high cedar fence shall be installed on the west, north, and east boundaries of the subdivision adjacent to residential lots prior to any building permits being issued per Preliminary Plat Finding No.5, pg. 6. The fence along the east boundary will be installed on the neighboring property per their consent so that it doesn't have to be set in ACHD right-of-way (per discussion at City Council meeting on 12/9/03). 7. Per Preliminary Plat Finding #5, pg. 13, applicant shall only be allowed one story homes to be built on the lots that back up to the one story homes in Sherbrooke Hollows. Exhibit 'A' 20f5 Mayor & City Council Hearing Date: April 6, 2004 Page 3 of5 Bonus rooms shall be allowed in these homes, but no windows shall face into the Sherbrooke Hollows homes. The applicant has stated that a note will be added on the face of the plat for this requirement. 8. Per Preliminary Plat Finding #6, pg. 13, minimum house sizing shall be as follows: a. 1,500 s.f. min. for one story homes bordering Sherbrooke Hollows. b. 1,750 s.f. min. for two story homes bordering Sherbrooke Hollows. c. 1,300 s.f. min. for homes backing up to Victory Road d. 1,300 s.f. min. for one story homes on alleys. e. 1,600 s.f. min. for two story homes on alleys. The applicant has stated that these requirements will be included in the CC&R's for the subdivision. 9. Add or revise the following plat notes: (10.) Direct access to E. Tigert Street E. Powder River Street is prohibited... (14.) Add note: "Fencing on Lots 2. 12. and 14 adjacent to common area Lots 1. and 13, Block 1. shall not exceed three feet in height if constructed of a solid material. and shall not exceed four feet in height if constructed of a non-sight obscuring material." (15.) Add note: "One story homes must be built on the lots that back up to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but no windows shall face into the Sherbrooke Hollows homes." 10. Revise the Landscape Plan (dated 11-4-03, prepared by W & H Pacific) as follows: a. A solid, 6-foot high perimeter fence shall be installed per Preliminary Plat Finding No.5, pg. 6. b. Show fencing along micropath adjacent to Lots 17 & 19, Block 1, in compliance with Preliminary Plat Finding No.5, pg. 6, which states that fencing adjacent to pathways or the common area lots shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if non- sight obscuring. c. Show contours for the drainage area on Lot 13, Block 1. d. Include one tree on Lot 13, Block 1 (per MCC 12-13-16-5) to be located outside of the drainage swale e. Include calculations table showing the width of the street buffer, lineal feet of street frontage, number of street trees providedlrequired, acreage dedicated for common open space, Number oftrees provided/required on common lot(s). Exhibit 'A' 30f5 Mayor & City Council Hearing Date: April 6, 2004 Page 4 of 5 f. Provide a 20-foot wide improved surface on the fire access road capable of supporting 70,000 Ibs. Turning radius must be 28-feet measured on the inside and 48-feet on the outside. 11. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. Two-Hundred-fifty watt (250w) and 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 detenuined 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. 13. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 15. Coordinate fire hydrant placement with the City of Meridian's Deputy Fire Chief and the Public Works Department. 16. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12- 13-10-8. 17. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 18. Bearings and/or distances of record as mentioned in the legal description of the Certificate of Owner's need to also be shown on the face of the plat. 19. Add the "centerline" and "property line" to the plat legend. 20. Add the Comer Record # to the W1!4 Corner of Section 20, and add a reference to "Section 20" for all corners shown. 21. Revise the Utility, Drainage and Irrigation Easement along the subdivisions west boundary to 15-foot in width, the east side of Lot 6, Block 6 to be IO-foot in width, the east side of Lot 5, Block I to be 8-foot in width, The south side of Lot 1, Block 5 to be 8-foot in width, and the west side of Lot 20, Block 1 to be 8-foot in width. These revisions are necessitated by the location of irrigation facilities, these utility and drainage Exhibit' A' 4 of 5 Mayor & City Council Hearing Date: April 6, 2004 Page 5 of5 easements may be smaller if approved by Nampa & Meridian Irrigation District. (Per action of the City Council taken at their April 6, 2004 meeting) 22. The sum of the distances shown along the subdivision's east boundary don't equal the overall distance shown. Make the necessary corrections. 23. Correct the dimensions shown for the Y2 width of the right-of-way of E. Powder River Street, and the south portion of S. Gunnell Avenue, as the centerline that is shown is not in the center of the roadways. 24. Staffs failure to cite specific ordinance provisions or terms of the approved annexation preliminary plat, or conditional use permit does not relieve Applicant of responsibility for compliance. RECOMMENDATION Staff recommends approval of the final plat for Soda Springs Subdivision with the above stated comments and conditions. Dc\Z:\Work\M\Meridian\Meridian I 5360M\Soda Springs Sub FP.04.017\Soda Springs Sub FP.doc Exhibit 'A' 50f5 WHITE PETERSON ArrORNEYSATLAw KEvrNE. DINIUS JULIE KLEIN FISCHER CHR1STOPHERD. GABBERT WM. F. GIGAAV, III T. GUY HALLAM H JTLLS. HOLlNKA JOHN R. KORMANIK * WILLlAMA. MORROW WrLLTAMF. N1CHOl..SH WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHERS. Nm PHILIP A. PETERSON ToooA. ROSSMAN TERRENCER. WHITE*" April 18, 2004 * Also admitted in CA . H Also admitted in OR RECEIVEDH AlsoadmittedinWA APR 1 9 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 City Of Meridian City Clerk Office Re: WOODSIDE PROPERTIES, LLC I WOODSIDE CREEK SUBDIVISION I FINAL PLAT - (FP-04-014) Dear Will: Regarding the above referenced matter, please fmd enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols Z:\Work\M\Meridian\Meridiao l5360M\Woodside Creek Sub FP-04'{)14\ClerkFPltr 04 18 04.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WOODSIDE PROPERTIES, LLC FOR APPROVAL OF 15 RESIDENTIAL BUILDING LOTS AND 4 OTHER LOTS ON 4.47 ACRES IN A R-4 ZONE FOR WOODSIDE CREEK SUBDIVISION, LOCATED AT 1115 N. TEN MILE ROAD, APPROXIMATELY v.i MILE SOUTH OF W. CHERRY LANE ON THE WEST SIDE OF N. TEN MILE ROAD, IN THE NE v.i OF SECTION 10, T.3N., R.IW., MERIDIAN, IDAHO C/C 04/06/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-04-014 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 March 16,2004, and tabled until April 6, 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 ill, dated: Revised Staff Report: April 2, 2004 - Hearing Date: March 16, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Kent Brown, commented at the hearing, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-014) Page 1 of5 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF WOODSIDE CREEK SUBDNISION, LOCATED IN THE SE ~ OF THE ~ OF SECTION 10, T. 3N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, 30415-PLT 03/19/04 CSM, STAMPED DATE: APR 012004, HANDWRITTEN DATE: 4/01104, STAMPED: RECENED APR 02 2004 CITY OF MERIDIAN CITY CLERK OFFICE, WOODSIDE PROPERTIES, LLC. - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Woodside Properties, 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 ill, and Sonya Allen for the Planning and Zoning Department, dated: Revised Staff Report: April 2, 2004, Hearing Date: March 16,2004, listing 19 CONDITIONS OF APPROVAL - FINAL PLAT, 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 applicant's representative at the April 6, 2004 meeting, Kent Brown, stated on record, and in particular pertaining to the existing house parcel, the applicant does intend to submit a combined preliminary/final plat to re-subdivide the existing house parcel, and the additional requirements from the action of the Council taken at their April 6, 2004 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their April 6, 2004 meeting a, and specifically pertaining to the Staff Report, under Conditions of Approval, number 7, such that they now read as follows: CONDITIONS OF APPROVAL 7. The existing house on Lot 14, Block 1 shall be re-located out of the required 25-foot landscape buffer adjacent to N. Ten Mile ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-014) Page 2 of5 Road per preliminary plat fInding #H.1 prior to signature on the final plat. Ifnot completed before signature on the final plat, a Letter of Credit will be required in the amount of 110% of the cost for re-locating the existing house. Re-location of the house must take place prior to the sale of this lot. (per action of the City Council taken at their April 6, 2004 meeting, the applicant shall be allowed to submit a combined preliminary/final plat that shows the re-subdividing of the large lot where the existing house used to be.) 1.2 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for storm water disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature ofthe City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-014) Page 3 of 5 ( 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 ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 0-1~ day of 1lpr/2 ,2004. B~A'-~ ;y:~ Mayor. City of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-014) Page 4 ofS Attest: By: \iu.1l. ~ 0 Q f'vLJ Dated:~ - 153 ,n4- Z:\Work\M\Meridian\Meridian 15360M\Woodside Creek Sub FP-04-Q14\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-04-014) Page 5 of5 912 12th Ave. So. Ste D Nampa, ID 83651 P: (208) 461.6616 F: (208) 461-6336 April 4, 2004 Mayor Tammy de Weerd City of Meridian 33 East Idaho Meridian, ill 83642 Dear Mayor deWeerd, Enclosed is a proposal for Service Awards for the City of Meridian. As per our conversation several weeks ago, I've outlined how such a program would look and function within your budget guidelines. I proposed the pen at 5 years, plus a choice offour gifts at 10, 15,20 years and five gifts at 25 Plus years. Peggy called me with the quantity of 5 year pens you'll need, but I wanted you to have a picture of the pen for your meeting. The awards shown are my suggestions, not set in stone, so the brochures have not been fine tuned. There are some adjustments I will make when we finalize the program. The order forms will also have complete descriptions of each item so employees will know exactly what they will be ordering, ie. size, color, etc. I used both the simple and expanded version of the Meridian City logo on these sheets just to see how it would print out. That will be standardized throughout the program upon completion. Only the clock in each level has a personalization plate. I've enclosed a sample of the plate I use on the Idaho Transportation Department's 25 year clocks. This has the die cut logo I refer to in the Other Costs section of the proposal. I believe a portion of the City's emblem would fit well on the engraved plates. You and I discussed possibly having leather luggage tags for the bags and luggage, the binocular case, and even the stadium blanket sets.. Those need to be ordered in minimums of 50 if the emblem is used and the cost is $4.99 each. The bracelets and necklace will come in a nice hinged jewelry box. After you have reviewed this information, I imagine you will have questions. Please feel free to contact me at. 461-6616. You indicated you were meeting to share this information with staff on Tuesday and I'll be in my office Tuesday until a 2:45 p.m. appointment. I look forward to working on this project with you. I applaud your efforts to recognize the City employees for their service. l~ .~! ;1""',::: ~ _ .~ . ~ ~ .~ ~~ ..' cU'c;;:i/!;; IDAHO o o o o \Jame: 10YE s RM In appreciation for your service, we are pleased to offer you this selection of awards. The award that you select will be a symbol of your achievement and our appreciation. Please mark your choice below. Return this form in the enclosed envelope or fax to 461-6336. HOWARD MILLER CLOCK GOODHOPE BAGS FARISAUL T "CRUISER" STERLING BRACELET ~' . J I j;;,. ; ,~~(fft.lLJ . i/ I,. (t I I' J-iL~ Ut~ !:Vh1j ~t( {. ~4#~V ~?~.p ~?}.-/>-.-J .' (7 diO ~~ t2~c:~~- . Date: 3ignature: ~ >-j <::I) lr) ~'O V) C'f) .., OQ ci c ~V)~ ~~~ ~ ~ ~ ~ <::I) cl' ~ ~ ~ ~~ ~ ~~~ C'\J >-j Q) ARD RECIPIENT HE ANNIVERSARY OF YOUR H CITY OF MERIDIAN iJU.,~;t<..., $I'I/r/ JcY]~ \f.. ,k/L :;'-l'u-<-<-~~ .-t.~___ .J-,;~~ a~o-'-C/y~LI. vards) . or you " "' weeks ill will .; _ __ J.- u , _ _ . _,. -- - level. e return the order form with that elay in receiving your award, as rd selection early and \tly. h 208/461-6616. 912 12th Ave. So. Ste D Nampa, ID 83651 City of Meridian Service Award Proposal P: (208) 461-6616 F: (208) 461.6336 Program Design Engraved Pens for 5 Years of Service. Selection of awards with award packets for 10) 15,20) 25 Plus Years of Service. Packets include color brochures of award selections, award order form and return envelope in an outer envelope. The City may insert a letter of congratulations or a certificate. Names of recipients are provided to AlJ Awards on a quarterly basis. Packets are delivered to the City for distribution. Recipients may order via mail or fax directly to AlJ Awards. The awards are ordered on a quarterly basis after all orders are received and delivered to the City. Default gifts (clock from each award level) are ordered for non-respondents. Enclosed are samples ofthe award brochures showing proposed gifts for each level. I included a 5 Year Level with the pen, but that is just for the proposal and would not be used for each recipient. Each order form will have a detailed explanation of each gift. The sample order form shows only the basic format. Details on the gifts will be completed after the choice of gift offerings is finalized. The awards at each level were chosen to fit into the budget requested by the Mayor. applicable). Other costs such as freight/handling and brochure setup and costs are listed separately. Award Selections Five Years - "Sentinel" stainless steel ball point with gold trim. Engraving to read: City of Meridian- Five Years $12.50 (min. order 25 pieces) Ten Years Howard Miller clock - Portrait Caddy wi engraved plate to read: City of Meridian - Ten Years Rolling Duffle Bag - 23" x 15" x 11)' rolling bag in red or black Faribault "Cruiser" plaid stadium blanket in seat cushion case Sterling Silver Bracelet $38.50 $35.00 $33.00 $32.00 Fifteen Years Howard Miller clock - Marden w/engraved plate to read: City of Meridian - Fifteen Years Leather Brief7Compu Case - 16" x 12' x 4" black Faribault "Pale a Robe" blanket wi 2 seat cushions Sterling Silver Wheat Bracelet $48.40 $49.00 $48.00 $50.00 912 12th Ave. So. Ste D Nampa, ID 83651 P: (208) 461-6616 F: (208) 461-6336 Twenty Years Howard Miller clock - Kensington w/engraved plate: City of Meridian - Twenty Years Leather Duffle Bag - 19" x 10" x I 0" black Faribault Picnic Pack - Blanket, set of 4 dishes, thermos and picnic basket Sterling Silver w/l OKT Gold Accent Bracelet $74.35 $70.00 $73.00 $73.50 Twenty Five Plus Years Howard Miller clock - Rosewood Bracket (top right) Howard Miller clock - New Orleans (bottom right) Each w/engraved plate: City of Meridan - (#) Years Wheeled Traveler 22" & Tote Bag Bushnell WaterlFog Proof Binoculars Sterling Silver Necklace $97.50 $94.00 $98.40 $93.00 Please note: I included two clock selections in this level only as it covers years of service at and above 25 years. This is just a recommendation. . . .as is all selections shown. Other Costs If the City of Meridian logo is used on the engraved plates, there is a one time engraving die charge of$95.0Q, This engraving die can be used for other etches in other award applications. Award Brochures Packets Years 10-25 Plus: $3.50 each Award Brochure Setup: One time charge: $150.00 Freight and Handling Charges are billed as per each shipment. Sales tax not included Respectfully submitted, Elizabeth Reisch, President AlJ Awards, Inc. April 12, 2004 / i >1<>1< TX cci. .f'1ATION REPORT *>1< HS OF APR 07 '04 013-';'9 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDtJ STATUS 11 04/06 23:38 38113160 EC--S 133'50" 007 123 OK 12 04/06 23:43 PUBLIC WORKS EC--S 132' 10" 007 123 OK 13 04/06 23:45 12084664405 EC--S 02' 13" 007 123 OK 14 04/06 23:48 8841159 EC--S 02' 11" 007 123 OK 15 04/06 23:51 2088840744 EC--S 02'10" 007 123 OK 16 04/06 23'53 POLICE DEFT EC--S 02'10" 007 123 OK 17 04/06 23'56 8985501 EC--S 02'09" 007 123 OK 18 04/06 23'59 LIBRARY EC--S 02'55" 007 123 OK 19 04/07 00'02 92083776449 EC--S 02'10" 007 123 OK 20 04/07 00'05 208 3B8 6924 EC--5 02'53" 007 123 OK 21 04/07 00' 08 2088886854 EC--S 132'09" 1307 123 OK 22 134/0700'11 2088950390 EC--5 02'09" 007 123 OK 23 04/0700'142083876393 EC--S 02' 10" 007 123 OK 24 04/0700'16 ADA CTY DEUELMT EC--S 02' 10" 1307 123 OK 25 04/0700:198885052 EC--S 02'10" 007 123 OK 26 04/07 00:22 CHERRY LANE 83--S 04'30" 007 123 OK 2:? 04/07 00'27 POST OFFICE EC--S 03'54" 007 123 OK 28 04/07013'31 IDAHO HTI-LETlC C EC--S 02' 11" 007 123 OK 29 134/137 013'34 fD PRESS TRIBUNE EC--S 02'10" 007 123 OK 313 04/07 00'37 2088885701 EC--S 02'10" 007 123 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: 1.... Shaun Wardle X Bill Nary ::::z:= Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Mark Wood, Superintendent of Cole Valley Christian School: 4. Proclamation and Acknowledgment for Cole Valley Christian School Boys Varsity Basketball Team: ~~-<- 5. Adoption of the Agenda: ~....... 6. Consent Agenda: A. Approve minutes of February 24, 2004 City Council Regular Meeling: ~v<- B. Approve minutes of March $, 2004 City Council Regular Meeting: ~v<... C. Approve minutes of March 16.2004 City Council Regular Meeting: ~~ O. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03.022 Request for annexation and zoning of 5 acres from RT to C..G zones for Kissler- IDealy Parcel) by BRS Architects - southeast comer of East Ustick Road and North Eagle Road:~~ E. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ. 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-B (PO) and C~G zones for proposed Redfeather Estates Subdivi9ion No.2 by Packard Estates Development, LLC - south of East Ustick Road aad east of North Eagle Road: ~-/v> ~-N..-()4- Mori<5",cayCounoil AA<GdA -Apc;l6, 2~ ~'S' \ of? All ",.,,>rial. pnunl<<llll ""bllo_otioc<ohoIl ',,,,m. ",oporlY ortho CiIy oCMmdi.>n. AJtyotH- dtsiri.n~ a.:ecmmlldatioa for di1:&hi(jUt'l rel.a.tid t6 do~ andlw hMl'iDa: pleeso eowct the Cit:y CJerk., omea R. 188-44)3 __]QIt 41 hOWR prior-to me public mo.mc. flcu.$~?os*- ta- VU\Af C ~o-f{C~ ~Y\b.) CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Charlie Rountree Bill Nary Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Mark Wood, Superintendent of Cole Valley Christian School: 4. Proclamation and Acknowledgment for Cole Valley Christian School Boys Varsity Basketball Team: 5. Adoption of the Agenda: 6. Consent Agenda: A. Approve minutes of February 24, 2004 City Council Regular Meeting: B. Approve minutes of March 9, 2004 City Council Regular Meeting: C. Approve minutes of March 16, 2004 City Council Regular Meeting: D. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealv Parcell by BRS Architects - southeast comer of East Ustick Road and North Eagle Road: E. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Meridian City Council Agenda - April 6, 2004 Page 1 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PO) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: G. Tabled from March 23, 2004: Findings of Fact and Conclusions of law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages1 house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: H. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-043 Request for Preliminary Plat approval for 11 commercial building lots 1 common lot on 15.8 acres in a C-G zone for SDarrowhawk Subdivision by David Waldron - northeast corner of North Nola Road and East Franklin Road: I. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-066 Request for a Conditional Use Permit for a modification to the existing Conditional Use Permit (Planned Development) for Sparrowhawk Subdivision by David Waldron - northeast corner of North Nola Road and East Franklin Road: J. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-068 Request for a Conditional Use Permit for professional office and retail use in a C~ G zone as required by the Final Plat for Mallane Professional Offices by Thomas R Williams - south of North Hickory Way and north of East Fairview Avenue: K. Findings of Fact and Conclusions of law for Approval: AZ 03- 035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: l. Findings of Fact and Conclusions of Law for Approval: PP 03- 041 Request for Preliminary Plat Approval of 266 single-family Meridian City Council Agenda - April 6, 2004 Page 2 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. residential building lots and 34 common lots on 70.64 acres in a proposed R.8 zone for proposed Settlement Bridue Subdivision by Capital Development - 2205 East McMillan Road: M. Findings of Fact and Conclusions of Law for Approval: CUP 03~065 Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridae Subdivision by Capital Development - 2205 East McMillan Road: N. Findings of Fact and Conclusions of Law for Denial: PP 03- 045 Request for Preliminary Plat approval of 18 building lots and 3 other lots on 5.7 acres in an L-Q zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: O. Findings of Fact and Conclusions of Law for Denial: CUP 03- 069 Request for a Conditional Use Permit for a Planned Development for 18 residential 4-plex buildings on one lot in a L-Q zone for proposed Roundtree Subdivision by Rennison Engineering - north of West Pine Avenue and east of North Linder Road: P. Resolution No. Resolution: Computer Surplus Q. Streetlight Agreement for Lochsa Falls #4: R. Streetlight Agreement for Lochsa Falls #5: S. Streetlight Agreement for Lochsa Falls #6: T. Streetlight Agreement for Project 1: U. Franklin Road Re-Build Project - Sewer and Water Change Order Authorization: V. Victory Road Construction Change Order for Irminger Construction: W. Victory Road Design Change Order for Civil Survey: X. Well 20B Design Contract with CH2MHILL: Y. Well #20B Oversight with Hydro Logic: Meridian City Council Agenda - April 6, 2004 Page 3 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Z. lift Station SCADA Installation with Custom Electric: AA. Scoping Study - WWTP Backup Power Main Feed with DC Engineering: BS. Well 26 Design and Construction Services with Civil Engineering: CC. Well 26 Test Well Oversight with Hydro Logic: DO. Well No. 15 Rehabilitation: EE. Sanitary Sewer Main Easement for Victory 41, LlC (Observation Point Lot 2/ Block 2: FF. Sanitary Sewer Easement for Redfeather Subdivision by Melvin R. and Norma E. Schrammeck Trust: GG. Sanitary Sewer and Water Main Easement for Reclfeather Subdivision by Bart L. Bryson: HH. Award of Bid -- Ashford Greens Lift Station Portable Emergency Power System Procurement: H. Installation of Security Enclosures for Test Wells with Hydro Logic: JJ. Update Proposal/ Agreement for City of Meridian Program and Space Needs Analysis: KK. Tabled from March 23, 2004: Development Agreement: AZ 03- 018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I Eaav I Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: LL. Development Agreement for R2 Development, Inc. Olsen and Bush Industrial Park No.2: MM. Contract for Services between the City of Meridian and The Hudson Company for Site Selection Process for City Hall: NN. Approval to cash $500.00 deposit for a street tree at 1409 N. Main Street: Meridian City Council Agenda - April 6, 2004 Page 4 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 00. Request to transfer funds in the amount of $13,000.00 from the Lochsa Falls P.A.L. Soccer Account to Bear Creek Park Account to complete sidewalks, service road, and irrigation pump building: PP. Beer. Wine. and Liauor License Renewals: Kahootz Pub & Eatery - Beer & Wine Winco Foods - Beer & Wine Rite Aid - Beer & Wine Johnny Carino's - Beer & Liquor Albertson's #164 - Beer & Wine Albertson's #180 - Beer & Wine QQ. Approve Bills: 6. Department Reports: A. Mayors Office: 1. Employee Awards for Service Program: 2. Board of Appeals: 3. Proposed Membership Dues for COMPASS FY2005: 4. Discussion of date and budget for summer staff event: 7. (Items Moved from Consent Agenda) 8. Tabled from March 16, 2004: FP 04-014 Request for Final Plat approval of 15 residential building lots and 4 other lots on 4.47 acres in a R-8 zone for Woodside Creek Subdivision by Woodside Properties, LLC - 1115 North Ten Mile Road: 9. FP 04-017 Request for Final Plat approval of 57 single-family residential building lots and 10 common lots on 11.08 acres in an R-8 zone for Soda Springs Subdivision by Todd Campbell Construction) Inc. - east of South Locust Grove Road and north of East Victory Road: 10. FP 04-018 Request for Final Plat approval of 30 single-family residential building lots and 9 common lots on 20.89 acres in a R-4 (PD) zone for Bridgetower Crossing Subdivision No.6 by Primeland Development, LLP - south of West McMillan Road and east of North Ten Mile Road: 11. Public Hearing: 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 & Meridian City Council Agenda - April 6, 2004 Page 5 of7 All materials presented at public meetings shaD become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Planning, Inc. - south of West Franklin Road and east of South Linder Road: 12. Public Hearing: MI 04-001 Miscellaneous request for a temporary use for a childcare center for approximately 40 children while waiting for a CUP for Tara Gorton by Tara Gorton - 220 East Fairview Avenue: 13. Public Hearing: VAR 04-003 Request for a Variance for a one year Time Extension for recording of the Final Plat for Autumn Faire Crossing Subdivision by Gemstar Properties, LLC - west of North Black Cat Road and south of West Ustick Road: 14. Public Hearing: AZ 04-002 Request for Annexation and Zoning of 24.45 acres from RUT to R-8 zone for Roseleaf Subdivision by Centennial Development, LLC - 3615 South Locust Grove Road: 15. Public Hearing: PP 04-001 Request for Preliminary Plat approval for 98 single-family residential building lots and 7 common lots on 24.45 acres in a proposed R-8 zone for proposed Roseleaf Subdivision by Centennial Development, LLC - 3615 South Locust Grove Road: 16. Public Hearing: 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: 17. Public Hearing: AZ 04-001 Request for Annexation and Zoning of .5 acres from RUT to C-G zones for Equity Benefits by Equity Benefits, LLC - 2540 East Franklin Road: 18. Public Hearing: CUP 04-001 Request for a Conditional Use Permit for a 224 stall R.V. resort with 4 buildings and amenities in a C-G zone for Boise West R.V. Resort by Aaron C. Hoeft -184 West Pennwood: 19. Ordinance No. AZ. 03-028 Request for Annexation and Zoning of 7.98 acres from RUT to R-8 zones for proposed Cobblefield Crossina Subdivision No.2 by Initial Point, LLC - 1295 West McMillan Road: 20. Tabled from March 23, 2004: Ordinance No. : AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I Eaav I Ruwe by BRS Architects _ southwest corner and southeast corner of North Eagle Road and East Ustick Road: Meridian City Council Agenda - April 6, 2004 Page 6 of7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 21. Water, Sewer, & Trash Delinquencies: Meridian City Council Agenda - April 6, 20(H Page 70f7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 lit least 48 hours prior to the public meeting. ( ** TX Cl... .MATION REPORT ** AS OF RPR 102 '104 H;: 45 PAGE. 131 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 02 134/02 15:40 381131610 EC--S 03'35" 10137 13913 OK 04 04/02 15: 45 PUBLI C WORKS EC-S 132'132" 10137 13913 OK 05 104/102 15:47 213846644135 EC--S 132'01" 0137 10913 OK 06 104/102 15:513 8841159 EC--S 132'102" 13137 10913 OK 07 104/102 15:52 210888410744 EC--5 02'101" 10137 10913 OK 08 104/102 15:55 POLICE DEPT EC-S 02'01" 007 090 OK 139 104/132 15:57 8985501 EC--S 131 '59" 1007 13913 OK Ie 104/132 16: 00 LIBRARY EC--S 132' 42" 13107 13913 OK 11 134/132 16:03 IDAHO STATESMAN EC-S 02'01" 0137 0913 OK 12 04/02 16:116 208 388 6924 EC--S 02'40" 007 0913 OK 13 04/102 16:09 2088886854 EC--S 02'00" 007 13910 OK 14 04/102 16:11 20889503913 EC--S 02'101" 10137 13910 OK 15 134/13216:14 12830013413 G3--S 132'42" 007 1390 OK 16 13'1/02 16: 17 208 387 6393 EC--S 132'21" 007 090 OK 17 134/02 16:21 88851352 EC--S 132'131" 1307 1390 OK 18 04/132 16:23 CHERRY LANE G]--S 134'19" 007 1390 OK 19 04/02 16:28 POST OFFICE EC--S 133'35" 007 090 OK 213 04/02 16:32 IDAHO ATHLETIC C EC--S 132'131" 0137 13913 OK 21 04/02 16:35 213888867131 EC--S 132'01" 0137 090 OK 22 10'1/02 16:41 ADA CTY DEVELMT EC--S 132'01" 13137 0913 OK 23 10'1/102 16: 43 ID PRESS TRIBUNE EC--S 02'01" 007 0913 OK \-1C(l!CY'ost -to' rUWfC IIJOIlL'L. - lna.n.~S CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle _ Silt Nary _ Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2, Pledge of Allegiance: 3, Community Invocation by Mark Wood, Superintendent of Cole Valley Christian School: 4. Proclamation and Acknowledgment for Cole Valley Chrtstian School Boys Varsity Basketball Team: 5. Adoption of the Agenda: 6. Consent Agenda: A. Approve minutes of February 24, 2004 Gjly Council Regular Meeting: B. Approve minutes of March 9, 2004 City Council Regular Meeting: C. Approve minutes of Man::h 16, 2004 City Council Regular Meeting: D. Tabled from March 23, 20D4: Findings of Fact and Conclusions of Law for Approval: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealv Parcell by BRS Architects - southeast comer of East Ustick Road and North Eagle Road: E. Tabled from March 23, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-B (PO) and C-G zones for proposed Redfeather Estates Subdivision NO.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: M<ridi..Cil)1Coun<,1 AI:.oo.-ApriI 6,2004 F,sol.f7 All nwtri.li:prec;c:nlcd..a.t [Ili'brLc-m<<tings s-ball bowme proptl1y at'tho Cil)' ofMc:rldiai'l. Any... OOirinS ooeommodotioo r", diubiliti.. rdat<d1:<>dc<umotru; ..,v""hooring pl.... <<>nb<1,ho cay Clro:'. Offi..., 8811....,33., ,.." 48 houro pri'" to Ill. public moct"'~ ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 05/07/04 02:45 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 36 1111111111/11111111111111111111I11111 104056166 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian R2 Development, Inc., Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this (t/I!! day of M, 2004, by and between CITY OF MERIDIAN, a municipal corporation ofthe . tate ofIdaho, hereafter called "CITY", and R2 DEVELOPMENT, INC., hereinafter called "DEVELOPER"/"OWNER'\ whose address is 3084 East Lanark, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Developer"/"Owner" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition ofre-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Codes~ 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning ofland; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning ofthe "Property's" described in Exhibit A, and has requested a designation of Light Industrial District (I- L), Meridian City Code S 11-7-2 N; and 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 1 OF 13 subject "Property" will be developed according to the Concept Plan and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 18th day of June, 1996, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.1 o WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Meridian City Code Titles 11 and 12. DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 2 OF 13 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation ofthe same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to R2 Development, Inc., whose address is 3084 East Lanark, Meridian, Idaho 83642, the party who owns and is developing said "Property" and shall include any subsequent owner(s)/developer(s) ofthe "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code ~ 11-7-2 N which are herein specified as follows: Development of uses allowed in the (I-L) Light Industrial zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 3 OF 13 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer"I"Owner" shall develop the "Property" in accordance with the following special conditions: 5 .1.A The property should be zoned 1- L, Light Industrial District, and the Applicant shall use the subject property to develop limited office uses with any other uses permitted in the subject zone only as a conditional use. 5.1.1 That the Applicant shall be required to comply with all of the conditions pertaining to the variance, preliminary plat and final plat; and 5.1.2 That the Applicant shall be required to comply with all of the conditions stated within the Annexation and Zoning Findings of Fact and Conclusions of Law for R2 Development, Inc. approved by the Meridian City Council on June 18, 1996, of which said Findings are attached hereto as Exhibit "B" and incorporated herein as if set forth in full hereat. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'sI"Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement, and after the "City" has complied with the notice and hearing procedures as outlined in LC. S 67~6509, or any subsequent amendments or recodifications thereof. ' 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to~wit: 7.} That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTlUAL PARK NO.2 PAGE 4 OF 13 <4Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions ofthis Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAUL T: 9.1 In the event "Developer" /"Owner", "Developerm s/"Owner' s" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, which will include, at a minimum, notice of the noncompliance, and an opportunity to be heard by the City Council before modification or termination. 9.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer'" srOwner' s" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning ofthe "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 5 OF 13 11. ZONING: "City" shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" /"Owner", 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. 12.1 In the event of a material breach ofthis Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"I"Owner" 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 ofsucb delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~ 12-5-3, to insure that installation of the improvements, which the "Developer"I"Owner" agrees to provide, if required by the "City", 14. CERTIFICATE OF OCCUPANCY: The "Developer"I"Owner" agrees that no Certificates of Occupancy will be issped until all infrastructure and other DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 6 OF 13 improvements which are imposed by the terms of this agreement, the annexation ordinance, and the final plat conditions, are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"rOwner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER/OWNER: c/o City Engineer City of Meridian 660 E. Watertower Lane Meridian, Idaho 83642 R2 Development, Inc. 3084 East Lanark Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. 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 DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 7 OF 13 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. 18. 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. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit ofthe 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 ofthe "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and recordable evidence oftenrunation of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"I"Owner" 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 "Developer"/"Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution'of"City". DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, JNC./OLSEN AND BUSH INDUSTRIAL PARK. NO.2 PAGE 8 OF 13 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ."'City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the ..Property" and execution ofthe Mayor and City Clerk. DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 9 OF 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/OWNER: R2 DEVELOPMENT, INe., AN IDAHO CORPORATION CITY OF MERIDIAN Attest: ~- 6-o/f- DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC./OLSEN AND BUSH INDUSTRIAL PARK. NO.2 PAGE 10 OF 13 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this I ~fr. day of \ibrU~ ' in the year 2004, before I . me a Notary Public, personally appeared Ronald an Auker and Richard D. Ht:aluIT, ~a kj e. Mt! known or identified to me to be the President and Secretary ofR2 Development, Inc., the persons who executed the instrument on behalf of said corporation, and acknowledged to me having executed the ~.m.ne. ,0 c~.;,."j;,.'-'~",![JI)!}Otl lo,;'jl -(.' 'D' ~~~ iI$~^ ~--s~ "1 "~.J~ .. 9'V' ~O + tl.-'.e~') ~ ",.7 --""'00 '.?' v<:' ",;,- '"' ,r '<)0,,--1;)00 ...... ^ '?;. ,S' ,,,,., .,p '0 <r>:A ,'-' ~ :..:;: l '1I"'A h 00" -.;r- \ ~ fl ~.o $. -.t'(.:r- 'b g ~ ~ , ~ (SEAL) ~ -f:r. g .:fJJ'O= g 19: ;g }'.' 'b b'U""'l""4C If ~ ~_ Qq,.J.~l.j..s'" ~ ~. 1;. ..} r): JJ t'""\. ~ ~ {f ~ (). ..~i ....'V ,f;i 1,':,l .,1:'1 ....L-lj"....J .....€It'J1 ....-~ ~ ;~. . A' . '~.0Po!l~ ~.. A'" -f-;r ~~ ""J.... '--l"\~'" 1"7 '"~~r .t~!]. 0 ~ ty ..l'~% STATE OF IDAH0""')'-'~~~'j.'~ o ary Public for Idaho . ssion expires: 1--;>-1-0 tf :ss County of Ada ) On this !eft1 dayof Iftr:/ , in the year 2004, before me, a Notary Public, personally appeared Tammy'd Weerd and William G. Berg, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) I'"~ utJ~.G'n~ "~I iliIl ~...... ..:\.,\CE L. S 1##.. ~ b......~ ..010.... 4.{.;. '.0 ~ "V o. eo ~.?> ~ ~ .00 .00 .p. ~ S I ~OTA..I?). _0 \ =*: -r-\: 5 ~ ....... : * : .. ".p 0.. \f.P.\ l1BL1C J i "# :;>. _ ,,~ ~ .d .~ .0 0. .. .... . ~ 1" 0........0 ~ ..... "0.,,,./2 0 F 1'0 'r>- ...~......... ....lit....... .t'l'i.o ':11-:" DEVELOPMENT AGREEMENT I R2 DEVELOPJvIENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 11 OF 13 CORPORATE RESOLUTION R-2 OEVELOF'MENT, INO RESOLveD. that R-2 DEVELOPMENT, INC., In itlS corporBtl!r capacity hlllrwby ilIuthcrizss, Ronald W. Van Auker. as President of R-2 Oevalopmenllnc.. to execute the DQvalopment Agreement with the City of Meridian for the pro~ known as Olsen Bl.Ish Indu$trial Park No,2. It;$ further resolved'that Bradley e. MiJ/(Ir shall execut~ the same agreement in behalf of the corporate S&.;retary. FURTHE.R ResOLveD, tl'lat tnc i=lro$idi;mt is aythorfzea and empowared to de or cause to be done all acts or tIilngs and to sign and daliver, or CilUSII to be signud lllnd deliverlild, all such documents, iniStruments snd certificates, including, but not limited to tho final plet. irtl~l'(Jvement boncf. buUding permit appllestJons and other $uCh items, in tna name and on behalf of the corporation In order to effect the devEllopment of the OI&ln EUlIh Industrial Subdivision No.2, The foregoing is here ~pproved end iildopt { EXHIBIT A Legal Description Of Property A tract ofland situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast comer of said Section 8, thence along the southerly line of said Section 8 South 89032'00" West a distance of 871.18 feet to a point, thence leaving said southerly line North 00028'00" West a distance of 520.14 feet, to the Southwesterly comer of Olson and Bu'sh Industrial Park, said comer being the POINT OF BEGINNING. Thence North 89002100" West a distance of 1015.07 feet to a point; Thence North 06008'31 II West a distance of 806.01 feet to a point on the northerly right- of-way of the Union Pacific Railroad; Thence along said northerly right-of-way South 89002'00" East a distance of 1094.80 feet to a point; Thence leaving said northerly right-of-way and along the westerly boundary of said Olson and Bush Industrial Park and the northerly extension thereof South 0002810011 East a distance of 800.06 feet to the POINT OF BEGINNING. DEVELOPMENT AGREEMENT I R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 12 OF 13 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT / R2 DEVELOPMENT, INC.lOLSEN AND BUSH INDUSTRIAL PARK NO.2 PAGE 13 OF 13 . ....1 . ._. .... __ _. .~~ ~ --.;.........-~ :.-.'~~ 1- .W_' ....~ ORIGINAL BEFORE THE )!ERIDI1UiI' CITY c:nmc.n. OF THE CITY OF MERIDI'.1Ui R-2 DEVELOPMENT OLSON AND BUSa: I.NDUSnIAL PARK liO. 2 Al'rnEX..:;'T:ION AND ZONING . A PORTION OF flIg SE 1/4 OF SE~rON g~ T. 3..B'.. R. l.E. ~ a07.SEp HERIDIJUL ADA COtmTY... IDAHO MERIDIAN. IDAHO FINDDlGS OF F~ AND CONCLUSIONS OF" LAW The above entitled matter having come on for consideration on June 4, 1996, and the City'Council having considered this matter during the public heari:t:l-g on May 7, 1996, Brad Miller, the Peti.tioners representative, appearing and testifying, and the Council having adopted and approved the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission, but at the City Council meeting of June 4, 1996, the Council having requested amended Findings of Fact and Conclusions of Law, and the City Council presents the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT 1. That a notice of a public hear~ng on the Annexation and Zoning request was published for two (2 ) consecutive weeks prior to the said public hearing scheduled before the Planning and Zoning commission for March 12r 1996; that notice of public hear~g on the Annexation and Zoning request was published for two (2) consecutive weeks prior to the public hearing scheduled before the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT 7?!<{ pt /'[ ~~ ~~~ JUl - 1 i~:=lR . .....:... -. - - - .-:'1 ~ -'-'-- ...".. ,_.11 :LP ~ r.......;:.., ..:..~ on May 7, 1996r that the matter was dUlY considered by the C2ty Council at the May 7, 1996.hearingi that the'public was given full opportunity to express comments and submit. evidence; that copies of all notlces were available to newspaJ;Jer, radio and television stations; that the City Council, a:fter the May 7, 1996 hearing adopted and approved the Findings of Fact and Conclusions of -Law of the Planning and Zoning CommissioIl; that the City Council reconsidered the Findings a...d Conclusions of the Planning and Zoning - Commiss.ion at -the June 4, 1995, meeting and requested amended Findings. 2. That the property included in the application for annexation and zoning is described in the application r and by this c _ reference ~s incorporated herein; that the property is approximately 14 acres in size, that the property is situated within the City o~ Meridian's Area of Impact and Urban Services Planning Area. 3. That the property is pre-sel;ltly zoned by Ada County as RT rural Transition; that the Applicant requests I-L Light Industrial zoning for the property;: that currently the property is being used as pasture 'land. 4." The general area surrounding the property is used for light. industrial. That to the north is the Union Paci.fic Railroad and on the other side of the railroad is the Elixir Industries property which is a light industrial usej that to the west is pasture and the school district bus facility and to the south and west is the light industrial use of YMC and Van Auker. FINDINGS OP FACT llliD CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 2 5. That the property 1.5 now adjacent and abutting to the < present City limits. 6. That R-2 Development/Ronald Van Auker is the Applicantr .. that the App~icant does own the land and has consented to thi.s annexation a~d zoning and the application is not at the request of the City of Meridian. 7. That the requested zoning of Light Industrial District (I-L) is defined in the Zoning Ordinance at 11-2-4Ot3 B. as :follows: (I-L) Light Industrial: The purpose of the (:I-L) Light Indu5trial District is to provide for light indus~rial development and opportunities for employment of Meridi.an ci tize.ns and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean,. quiet and free. of hazardous or objectionab.le e.lements, such as noiser odor, dust, smoke or glare and that are operated entirely or al:most entirely within enclosed structures; to delineate areas best suited for. industrial development because of location, topography, existing facilities and relationship to other land uses ~ This distr.ict must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible wit.h light industry are not permitted, and strip deve.lopment is prohibited. 8. That the Applicant's representative, Mr. David Roylance testified at the Planning and zoning hear.ing, March 12, 1996; that this project it located north and west bf the intersection of Franklin a~d, Eagle Road; that to the north is the Union Pacific Railroad tracks; that the project contains 14.4 acres and has nine (9) lots; that the Applicant proposes central sewer and central water and ACHD approved public streets. 9. That the Applicant'5 representative, Brad Miller, testified' at the City Council hearing 1 May 7, 1996; that Mr. Mill.er .FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 3 ....c-......... I.i, - I~C.-..':'~.Lr-u, -';.,I~ -"- -- ....,.,'-~I ,-.<....:....,.._y referred to a memo from Shari Stiles,. City Planning Director,. 1 stating that there he a requirement for the conditional use procedure for each of the nine (9) lots, not be made a requir!!mle.nt; that it is the preferencs o:f the Applicant that the buildings being built within the light industrial zoning being requested, not be subject to the conditional use peDIIit precess; that the requirement that ~idewalks be on both sides of the 3~reet be waived and that the Applicant just put sidewalks on one (1) side of the street since it is an industrial development. 10. That comments were submitted by the Assistant to the C.ity Engineer, Bruce Freckleton,. the P:lanning and Zoning Administrator, Shari Stiles, the Meridian Police and Fire Departments,. the Ada County Street Name Co~mnH:tee., and the Central District Health Depa.rt:ment, and are incorporated herein as i.f set forth in full. 11 A That Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that any existing irrigation/drainage ditches crossing the property,. to be included in this project,. shall be tiled per City Ordinance 11-9-605 Mr that any existing domestic wells and/or septic systems with thi.s project shall be removed from their domestic service per City Ordinance except wells may be used for non-domestic purposes such as landscape irrigation; that a master street drainage plan be submLtted, including the method of disposal & approval from the arfected irrigation/drainage district i that a profile of the subsuriace soil conditions shall be submitted to deteDnine the seasonal high groundwater elevation and prepared by a soil FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVnOPMENT PAGE 4 ""......... __ '..Jv _"__" __ . I . II.-.- ~.;._ ~."""";l t -_.-:- _-.. ."'i, ~., '-" I L' ... ~'....~ ...._ scientist with the street development plans; that a copy of the proposed restrictive covenants and/or deed restrictions be submitted ior review; that 5 foot wide sidewalks be provided according to City Ordinance Section 11-9-606 B.; that a letter from the Ada County Street Name Committee, approvin.g the subdivision and street names r be submitted malcing an:y necessary corrections to the preliminary Plat map prior to re-submittal to the CitYr that the .fire hydrant placement , with t~e Ci. ty of Meridian's Water Works Superintendent assistance, be coordinatedr and 'that r~!lponee in. ~ting to each of the CO.Il1IIlents on the revised Preliminary Plat:. Map be made to the City Clerk's office prior to the scheduled hearing date. 12. That the specific sit.e comment.s from the Assistant to the City Engineer, Bruce Freckleton were the following: a. That the legal de.scription co~tained in the applicati.on for Annexation and Zoning describes more property than what is shown on. the Prelimin~-y P1at map, however the legal description submit~ed with the Preliminary Plat application, by Roylance & Associated and titled BLegal Description for R2 . Development - Olson and Bush Industrial Park. No _ 2 Preliminary Plat - 14.39 Acre Tract.. appears to describe what is shown on the preliminary Plat; that if it is the intention to request Annexation and zoning for more property than what is shown on the preliminarY Plat :map, a new legal description must be prepared to include all the intended property including those portions of adjacent Right:.a-o'f-way and shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall confo:cm to all provisions of the Ci.ty of Meridian Resolution No. 158. b. Water service to thi5 develooment shall be from. an existing ~ installed a.long the we~terly side of Eag~e Road and all water mains shall be installed, at subdivi.der;s e;ipense and locations shall be coordinated through the Public Works Department. c ~ Sewer service to this development shall be from a main FINDINGS OF FACT AND CONCLUSIONS OF LAN R2 DEVELOPMENT PAGE 5 - ..-=-:~ ... ..,. .;L t"'"";. 1 --"- -...;,...... """:'.::...... - . .._"'""';:-,. _.~-,-:-r~.. II .....:.. II .- 4 <..JC. _.-' that is currently heinq designed by Pacific Land Surveyor as part of the wRonald W~~Van Auker, Inc. - Sewer Project". d. When sewer and water mains are insta~led to service this subdivi.sion, access to sewer. and water will be directly adjacent to the twelve Lots in Olson and Bush Industrial Park No~ 1, an Ada County Subdivision. e. Shaw, label and di.mension, E:!l existi.ng easements and/or right-o~-way w~th~n or adjacent to the subject parcel, i.e. "union Paci.fic Railroad", "Evans Drain", "Snyder Lateral", and the 60 foot wide easement going to Franklin Road and any other easements of record. f. A 60 root wide stub street needs to be extended toward . FraIlklin Road, ad.jacent to the easterly subd.ivision boundary. This stub street would align with the existing 60 foot wide easement across the parcel south of this development. Sewer and water mains shall be extended to the south boundary of this development within the stub street. These mains shall be installed, at subdivider1s expense. and locations shall be coordina.ted thr,?ugh the Public Works Department. g. The location of the proposed sewer main en ting the development appe.ars to be in error. Coordinate wi.th Pacific Land Surveyors for the actual design location. A 20 foot wide common. area Lot needs to be centered over the proposed sewer main between the right of way of Lanark street and the north bou~daJ:y of this development:... Ownership and maintenance ~esponsibility of the common area. Lot shall remain with the owners aS8eciation~ A bl~~ket easement shall be granted to the City of Meridian for the operation and maintenance of the sewer main. h. That 250 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider"s expense; that typical locations are at street intersections and/or fire hydrants. i.. The 1envth of the cul-de-sac exceeds the maximum allowed per ~ity Ord~nance; that no variances have been .requested for the excessive length. j. That the treatment ca.pacity of the City of Meridian's Wastewater Treatment P~ant is currently being evaluated; that approval of this application needs to be contingent upon OUr' ability to accept the additional sanitary sew-age generated by this proposed development. 13. That Shari stile.s, Planning and Zoning Arlud ni strater, FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 6 ___,. _..;.. """,tJ __" -- ..~ , '......~.... I ,"':'~.J.;,,'.:.nl 1 ._,-:,:,- -,~.-~;.,\ I J ....,:,; ~ I ,.. cJ j" ..;.t..) submitted comments and they include the :following: a. All parking areas sh~l.1 be landscaped and provided with underground sprinkle.r systems to meet the requirements of 1.1- 2-414.D. b. That a detailed site plan review w~l~ be required at the time of the building permit application; that. this site plan review will ensure compliance with all city Ordinances_ c. That the seven (7) lots in Olson Bush subdivision No.1, by owner Ron Yanke, s~ou.ld be annexed to the City or Mericlianr that not having this entire area ~exed along the frontage af Lanark Street can create problems for the Meridian Police Department, and any development of these additional lots should take place under the J:equirements of Meridian city Ordinance. d. Provide a 60 foot wide stub street to the south at the location of the existing, 60 'foot wide easeJIlent, that no additional access will be granted to the property south of this development :from. Eagle Road. e. provide' a letter of approval from the appropriate irrigation district(s) for tiling of existing laterals/drains. f 6 Provide permanent non-combustible fencing adjacent to union Pacirio Railroad right-of-way prior to obtaining building pennits. No encroachment of this right-af-way is permitted. In addition, at minimum! temporary fencing to contain construction debris will be required for all de.velopment. g. Since the Applicant has indicated this is a commercial I industrial development but has requested Industrial. zoning, a conditional use permit application for a planned development shall be submi~ted and appr~ed ix it is to be considered as a mixed-u5e development. h. Sixty foot wide proposed Lanark Street rE:!adjusted to provide a better transition from the foot wide sect.ion. should be existing 50 i. That streetlights are to be in place prior to obtaining building permits on any parcel. j. Applicant shall incorporating required all existing easements City Council hearing. submit a revised preliminary p~at staff and agency changes and showing a m1nimum of two (2) weeks prior to FINDINGS OF FlLJ:'l' AND CONCLUSIONS OF LAW R2 ,D.EV:ELOl?HENT PAGE 7 - ..........;..- '-~--' -..... --- . " ~ .~.....~ .I.:"".L"-'I t -......J_ ..........."""'" -:,,:,;,,~_-' -...-..- ...,"';';-.-;:~~ll.";'.'l .-.,,-,U~_C-l k. All sewer/water line locations should be located in pu~lic right-of~way or within a common lot. 14. There were property owners in the area of the proposed annexation that appeared and testi.fied at the Planning and Zoning hearing on March 12, 1996, to make comments on the application and the following is a summary of their testi.mony: a. Guy Vale.ntine testified r bringing visual aids to show his concerns regarding this d~velopment; that with respect to Olson Bush No. 1 development, there has been absolutely no screening and no landscaping done; that his conce.rn is this will he the case wi.th this application: that storage yards not screenedr parking lots not paved or screened; that representing some concerned citizens and residents in the area, they want their right protected to the SaItle level of qualities or higher qualities that the environment affords; that this is a thriving area of community and. single family residences and the residents would like to keep it that way; the visual. pollution is degrading to the neighborhood and the COlJlImlllity; tha.t the protective cO'Q'enants will not give the community the kind of assurances that must be given concerning the residents' vested rights; that written guarantee~ from the developers and owners cOJDmi tting this development to provide a clean, noise-free environment, Iree of pollution and hazardous elements which are objectionable to the residents and property owners that are direct1.y affected. IMr. Valentine summarized in saying that . the residents believe that the subdivision is arbitrarily or artificially laid out to. avoid being adjacent to the Snyder Lateral and well as to avoid being adjacent to the seven single family dwellings between which a.transition yard would be necessary for protection and beautification; that a buffer strip would help w~th the aesthetics of Frank1.in Road and Eagle road. entryway corridors; that this Commission. require Olson Bush No,. 1 developer and owners to c~ean up and screen their junky development to demonstrate they deserve to expand before any other development applications are approved and to require conditional use permits for all the lots; that the residentsr including' hi..mself, are not against deve~oping the area. . b. Brad Miller, representing R2 development, testified that the information presented by Mr. Valentine is about the FINDINGS OF FACT' AND CONCLUSIONS OF LAW R2 DEVELOPMENr . PAGE 8 _..:.-.....--. . I... 1 ;....:..- ~ 1;::'':-:'. ~ .L{"""l!, ...:.::....u ...;......;..... .......:............ I...... .._.-;....... ~....:...-.-;I~.."..;..~~ 1-.C-l";._:...I Olson Bush No. 1 development t af which, R2 development had nothing to do with; that on the north side of Lanark', R2 development has' a fine looking bui.lding and fine looking property; that R2 has oth.er developments of equally fine looking character that Mr. Valentine would be proud to have in his backyard; that C C << R's have been subm.i tted in t.his phase; that 5 ned . . b the con . S 0 parking areas W~ ~c u themsel.ves;. that area navelooment would be the 3~~; that R2 deve opment does not "Eiow wno. ul..t.l.ma:t.e'Iy w~ll move into the buildings being constructed in this project,. but. the anticipation is that the property will be subdivided, buildings built and leased out; that at. some point the Applicant may sell. one or two of the buildings,. but keeping the area looking nice is would be an incentive since the App~icant is the property owner. c. That Bill Tonkin, testified, affirming the earlier testimony of Mr. Valentine; that the property owners that overlook this property, axe merely reaet.:i.ng to s.omething- that ha5 occurred and don't want to see it repeated. d. Carl Schnebly, ofIered testimony that he'does not agree with this proposal as stated and reiterates that same expressions as that of Mr. Valentine. e. Da.le Fletcher te~tified that he too,. is in a9reement wii:h what Mr. Valentine had to say. f. That Mr. Oren Mayes testified, stating that same 30 odd years ago when most of' the property along the riIn at Franklin was developed and subdivided, . there was no que~tion to whether this was going to be industria;I. in light of the railroad~ that folks are complaining about an industrial park development taking place below them when they knew an industrial park was going to happen someday. , 15. There wa~ public testimony at. the Ci.ty Council hearing on May 7, 1996 and the following is a snmm;:;ory of that testimony: a. Guy Valentine testifi'ed. that he would like the conditional use pxocess enforced; that the residents. in the' area of this project wou1.d like some guarantees from. the city in protecting thei.r view; concerned with screening, storage areas and parking; also concerned with any future development of extending these lots and if so FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 9 .....-. ~ -....;,. , 'U-"_4J' ~I"U ( -~'- ............-= .....:.--- ,...... ~~ ....-. ."'::,.. ,,,,--" what's to protect the residents; that he would like the full Snyder lateral to remain in the open; that Bagle Road is a designated entryway corridor and the area should be given some consideration. . b. Dave Roylance te5tified that the conditional use permit process in an unnecassary buxden; that within a certain zone there are principle permitted uses and that it is burdensome and unfair to the developer to make this requirement; that one protection to the City would be a development agreement which would require a staz~ level design review process as part of ti:i'e building peDI1it process; that the developer intends to tile every ditch in the project. c. That Janette Fletcher testified regarding the cleaning up of the gar;bage and getting that cleaned up and rei.terated what Mr- Valentine testified to. 16 ~ That Councilman Morrow commented that. there are county uses within the ApplicantJ's ground that are not zoned and annexed within the City and obviously subject to -the conditional use process; that most everything west of Eagle Road i.'$ not subject to the conditional use process; that under our economic development goal state!nent poli.cy that the City of Meridian shall make every eIIort to create a.positive atmosphere which encourages industrial and commercial enterprise; that the policy of the City of Meridian is to set aside areas for commercial and industrial interest and activities to be harmonious with natural development and respect the needs or features of the area; that this can be accomplished by having covenants and restrictions within the subdivision~ so from a practical standpoint he has a problem with with the conditional use process requirement_ 17 _ That Shari. stiles commented that although the conditional use process is very cn.:mbersame and time consu:ming, it does give the FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 10 :b: mTAL PAGE_10 :b: ...._. ~ __ =--e-' _'...,-........_ -l. ..... T . j:.:....~..-.~. .:.;-.t 1. _.~o.j -J'-"-:' "'"T':'-_'; ...:..._r-:.:........ _,..=,,- .-:,-...1 ~ ....::.. \, ,-. u.i.,..~ ......:. city more control; that in a light industrial zone there are ~ recycling plants, solid waste transfer stations, any number of th:Lngs that are not going to fit with. what the neighbors think and that this kind of development is going to be there for a long time ~o come; that it is going to set a precedent and going to remain in that character for years and years (' that there is nothing wring with requiring conditional use permits and expecting a little higher class than has been expe~ted in the past. 18. That Councilman Tolsma made connnents that the conditional use process has validity in that it allows the City Council to see what is goinq to happen t.o the -development and that if the developer does not conform. to the condi. tional uses f they are out of business.. 19.. After additional discussion between Councilmen Morrow r Tolsma and Rountreer a motion was made to accept the Planning and ZomngFindings of Fact and Conclusions of Law which was adopted on a three (3) to one (1) vote. - ,20. That the property can be physically Bervic~d with City water and sewer, but the sewer and water lines will have to be extended to the property by the Applicant. 21.' That Meridian has, and is, experiencing- a substantial amount of growth; that there are pressures. on land preV'iously used for agricultural uses to be developed into residential. subdivision lots, commercial and industrial uses. 22. That the following pertinent statell1ents are made in the Meridian Comprehensive Plan: FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 11 ....--..1 _--,. '.".j"__ _'_.__ . '-' . ,c.~...~.I.('"1., 1 -~...:. .--',;;;......,., ...,.~......: . . - - ...._ ..1......_;. .-. .......:.:.... ~....;.. A. Under the LAND~ GENERAL POLICIES, section commencing at page 22, it states: Encourage a balance of land uses to ensure that Meridian remains a desirable and self- sufficient community; and under the INnUSTItIP..L POLICIES, it states in part as follows: 3.1 Industrial development wit.h.iri the urban service planning area should receive tne highest priority. 3.4 Industrial development should be encouraged to ~Qcate adjacent to existing industrial uses. 3.5 Industrial areas .should be located within proximity to major uti~ity I transportat.ion and services facilities.. 3.9 Industrial uses should be located where discharge ~ater can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facUity and irrigated lands that receive industrial runoff. 3 .10 Indu;$tri.a~ u:se:s should be located where adeauate water supp1y and water pressure are available' for fire protection. . and under the Eastern-Eagle Road Li.ght Industrial Review area is stated as follows: 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximi~y of the Idaho Foreign Trade Zone. 3.17 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. .B. Under ECONOMIC. DEVELOPMENT,. Economic Development Goal Statement Policies I Page 19 . 1.1 The City of Meridian shall make. every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. . 1. 2 It is the policy of the city of Meridian to set aside areas where commercial and industrial FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 12 -"-" - '- ' -- ......-..... ....--.... - interests and activities are to dominate. 1. 3 The character, site improvements and type of new commercial or industria~ developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehen~ive Plan. 23. Thai; the property is included near an area designated in the Meridian Comprehensi.ve Plan as being in a Mixed/Planned Use Development area~ but it is not shown as an orange P~ed/Planned Use Development area on the General~zed Land Use Map; 24. That in 1992 the Idaho state Legislature passed amendments to the Local PlaIUling Ac:::t, which in 67-6513 Idaho Coder relating to subdivision ordinancss r stab;!s as fo1.lows: "Each such ordinance. may provi.de for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of serviCE delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivi.sion. .. ; that the ' city of Meridian is concerned with the increase in development that is occurring and with its impact on the City being able to provide fire, police, emergency health care I water I sewer, parks and recreation services to its current residents and business and to those moving into the city; the city is also concerned that the increase in commercial and industrial development is bringing in more population and is burdening the schools of the Meridian School District which provide school s'ervice to current. and future residents of the City; that the City knows that the ~ncrease in population, and the housing for that population, does not FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 13 __.-:_ _ _. 0":' ... .....:...1;. .~ 4 ~-'''' __ sufficiently increase the tax base to offset the cost of providing firer po~icer emergency health. care, water, sewer, parks and recreation services; and ~he Ci ty knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the increase in commercial and industrial. which might locate in this annexation would be helpful. 25. That pursuant to' the instruction, guidance, and direction of the Idaho State Legis~aturer the City may impose either a. development fee or a transfer fee on residential property, which, if possible, would be retxoactive and apply to all lots in the City, because of the i:mperilInent to the health, we1.fare, and safety of the citizens of the City or Meridian. 26. That Section 11-9-605 C states as follows: "Right-oi-way for ,pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schoolsr parks'or shopping areas; the pedestrian easement shall be at least ten feet (10') I. wide. tt 27. . That Section 11-9-605 G 1. states as follows; "Planting strips shall be required to be placed next to incompatib~e features such as highways, railroads, coromerc.ial or industrial USE!::S to screen the view f:r:onl residential properties. Such screening shall be a mi T'd mlll!) of twenty feet- (20') wide,. and shall not be a part of the no:r:mal street right of way or utility easement.\I 28. That Section 11-9-605 H 2. states as follows: JlExisting natural features which add value to. resi.dential development and enhance the attractiveness of the community ( such as trees, watercourses, historic spots and similar irreplaceable amen~ties) shall be preserved in the design ot the subdivision;w FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 14 ~ -.. -- --~ --" -- .-. '. r .......~- . u':::"'-.__ _f""'i~ I ...:.---...... ............~ ,- .(....-- 29. That Section 11-9-605 K states as follows: QThe extent and location of lands designed for linear open space corridors should be determined. by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of.way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adj acent . arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped) I semi- improved areas (a landscaped pathway only), or unimproved areas (leIt in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems wi.thin rights of way for trails, walkways, bicycle ways; 3. To playa, major role in conserving area scenic natural valuer especially waterways, drainage~ natural habitat; and and 4~ To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkage:s; and 6. To link residential neighborhoods, park areas and recreation facilities.~ 30. That Section 11-9-605 L states as follows: "Bicycle .and pedestrian pathways shall be encouraged within new developments as part of the public right _ of way or as separate easements so that an alternate transportation system. (which is distinct a~d separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bi~cle-Pedegtrian Desian Manual for Ada County (as prepared hy Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." .31. That 11-9-607 A, of the subdivision Ordinance, states in part as follows: WThe City's policy is to encourage developers of development and construction projects to utilize provisions of this Section to achieve the following: land the FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 15 . ...::..-.....JJ ...s-"I\ 1 , -~~ 1. A development pattern in accord with the goals r objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residenti.al and industrial uses as well as public services w~ich support such uses." 32. That proper notice was given ,as required by law and all procedures befoz;e the Planning and Zoning commission and Ci.ty council were given and followed. COHCLUSIOHS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the Ci ty of Meridian have been met, including the mailing of notice to owners of property within. 300 :feet of the external boundaries ot the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho ~f and Section 11-2-417 of the Revised and Compiled Ordinances of the Ci.ty of Meri.dian; that 'exercise of the City'S annexation authority is a legislative function. 3. That the City Council has judged these annexation~ zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code,. Meridian city Ordinances ~ Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing r~quirements set forth in Title 67, Chapter 65 r Idaho Code, and the Ordinances of the City of lJl..eridian have been complied with. 5. That the Council. may take judicial. notic.e of gOV8.J:'IUD.ent FINDINGS OF FACT AND CONCLUSIONS OF tAw R2 DEVELOPMENT PAGE 16 .... _'. _....... ...J#...J _......... ___ . ... _, . ,..:;,.. -~ .. -' .,I,.:-11 ~ ---\- .............- -,.~--- :"::'_.--:L.- _..::....-..-;l-.., I ....:.., II ,- _ r...J$~ .......:. ordinancas r and policies I' and of actual conditions existing within the City and state. 6. That the land within the proposed annexation ~s contiguous to the present City limits of the city of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been ini.t.iat::ld by the Applicant with the consent of the property owner, and is not upon the initiation of the city of Meridian. a. That since the annexation and zoning o:f land i.s a legislative function, the city has authority to placE conditions upon the anne:;cati.on of land.. ~ VB. The City o:f Idaho Falls.. 105 Idaho 65, 665 P..D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in part.icular Section 11-9-616,. which pertains to development time schedules and requirementsI' and Section 11-9-605 M. r whi.ch pertains to the ti.l.L'T1.g of ditches and waterways and 11-9-606 14-r which requires pressurized irr~gation. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Planr and therefore the annexation and zonin9' AppLication is in con:fonnance with the Comprehensive Plan. . 11. That the City adopted the Comprehensive Plan at its meeting on January 4 r 1994 r and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thusr uses may be called for or allowed in tne Comprehensive Plan FIlIDmGS OF FACT .AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 17 .._.'l __ ~...Jt-J..._....._ .".-'; . ...::::..;-.__ _."":1.. --....:..""'!" _-"'L- _........ ,-:: . L, ....:.. I. .-. (..11..;.. ...:.._ but the zoning ordinance may not address provisions for the stated uses; it is conc"luded that upon annexation, as conditions of annexation, the City may i..mpose restrictions that are no"t atherwi.se contained in the current zoning and Subdivision and Development ordinances. 12. The Applicant has not stated or represented its intentions for development, which was of concern to the Planning and Zoning eo:iwnission and is also of concern to the city council. 13. That it is concluded that the City could annex the property and zone it as requested but the Applicant should be ,~." c ~--!9 .. ~,"" r.equired to ~EPEOV~L adQP~ ~d record co~e~ts, con~tiona and . . ~~. c. ~ j . ;........ ----::--"';. I .. restrict'ions (CC&R) which sei; ,io,tl;h ~e raqu.i.rement~ of t~~ Ci.ty as set; forth in Con,:lnsion 1~ . "and ent~!:' in~~ ~ "development agreement in which the City should set forth the same development and buildings restrict.ions~ 14. That it is concluded that since the Comprehensive Plan, under !AND USE, Mixed-Use Area at Eagle Road and Franklin Road, in 5. 16U, states that all development requests will be subject to development review processing to insure neiqhborhood compatihili ty, that such limitation should apply to the Applicant and the land involved in this Appl~cation; that it is further concluded that such restrictions can, and should be, structured and laid out in the CC:&R' s and the development agreement. It is therefore concluded that the annexation and development of the parcel of land should be subject to being de-annexed if the CC&R's and development agreement are not entered into by the city and the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF Uti R2 DEVELOPMENT PAGE 18 15. Therefore, it is concluded that the. property should be ! annexed and zoned Light Industrial (I~L) r as requested in the Application, but shall be subject to de-annexation if the CC&R's and development agreement are not agreed upon and executed by the 1<...:pplicant and the City. 16. That r as a condition of annexation and the zoning the Applicant shall be required to meet all Ordinances of the City and specifically the below stated Ordinance requirements and shall also enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development a.greem.ent shall address, among other things, the following: L Inclus.ion into the deve.lopment or the.requirements of 11- 9-605 a. C r Pedestrian Walkways. b ~ G 1 r Planting Strips. c. HI' Public sites and Open Spaces. d. X, Li.nea.~ Open Space Corridors. e. L, Pedestrian and Bike Path Ways. :L M" Piping of Ditches 2. Payment by the Applicant" or ir required" any assigns, heirs I' executors or personal representatives I' of any impact" devalopment, or transrer fee; adopted by the City. 3. Addressing the subdivision access linkage; screening, buffering, transi tional land uses r tra.f.fic study and recreation services. 4 . An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, policer and fire services as determined by t?-e city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 19 -. ""-.., ....- ....-.., __.... ..._.~. .c.....;...t._..... 8. Submission and approval of ind..i.vidual bui,lq.ing; drainage f l.ighting, parking I and other development plans under the Planned Deve~op~nt guidelines. 9. Harmonizing and integrating the site improvements with the e~~st.ing development. 10 . Establishing a landscaped setback &.rea a.ll along the properties southern border and plant trees that will grow to a height in excess of the twen~y (20) feet, ,but not higher than forty (40) feet and which shall be not more than twenty-five (25) feet apart at the time of planting, shall be six ( 6)' feet in height. when planted, and an irrigation system shall be constructedr .water and fertili:ter supplied to the trees to allow adequate growth. 114 Addressing the comments from the city Staff, applicable at the time of annexation and zoning or at the time of development. 12 _ The sewer and water requirements. 13. Traffic: plans and access into and out of any development. 14. Meeting all parking and paving ordinances. 15. And any ether itenm deemed necessary by the City Staff,. including design review o~ all development, and conditional use processing. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: RIf property is annexed and zoned~ 'the. City may require or permit, as a. condition of the zoning, that an owner or developer make a written commi.tment concerning the use or development o:f the subject property. If a commitment is required or permitted, it shall be recorded in the office o~ the. Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior i~ agreed to by,the owner of the parcel. .. .~; that the above section states' that the -development agreement shall take effect upon the adoption of the ordinance annexing and zoni..ng the parcel, but no development agreement haz been agreed on, or even discus!?ed. The land could be :!Subject to de-annexation if an FINDINGS OE FACT AND CONCLUSIONS OF LAW R2 DEVELOPMEN'l' PAGE 20 acceptable development agreement is not ultimately agreed upon . after the annexation ordinance is passed~ It is concluded that the land should be annexed and zoned I but subject to de-annexation if a development agreement is not entered into. 18. That it is concluded that the annexing and zoning of the property would be in the best ,interests or the City of Meridian, but it is concluded that the property may be de-annexed if appropriate development agreement and CC&R's are not ent~red and a9?='sed upon and ~ecuted by the City and the Applicant. 19 . That the requirements of the Meridian Police Department Meridian; City Engineer's office, Ada County Highway Distriot, Meridian Pl~Tm; Tlg Director, Central District Beal th Department, and the applicable irrigation district, shall be .met and shall be addressed in a development. agreement. 20. That a?-l ditches f canals, and waterways shal~ be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant shall be required to oonnect to Meridian. water and sewer, at its expense, and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and contro~led by the Subdivision and Development Ordinance and the development agreement entered into. 22 ~ That these conditions shall run with the land and bind the applicant and its assigns. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 21 ( 23. with compliance of the oonditions contained herein, the annexation and zoning as requested in the Application would be in the best interest of the city of Meridian. 24 . Tha.t if these ccndi tions of approval are not met, the prope-~y shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIOElS The Meridian City Council hereby adopts and approves these' Findings of Fact and Conclusions. ROLL CALL COUNCITJ!AN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) DECISION The Meridian city Council of the Ci. ty of Meridian hereby decides that the property set forth in the app2~cat~on shou~d he approved for annexation and zoning under the conditions set forth in_ these Findings of Faot and Conclusions of Law; that if the Applicant is not agreeable with thesQ. Pindings of Fact and Conclusions and is not agreeable with entering into a development agreement and adopting covenants r conditions and restrictions r the property should not be annexed. MOTION: .APPROVED~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 22 ** TOTAL PAGE.12 %* r'IT\y' ,.-':-" ., ~~_,,....,, , \Jl f UI- !vit:KIUJAN r. 'iT\l 1,......... If r -_ :.. \J " (~_;,."J 'y, ~ "!.1~ ~___ f'f" ~ '.J, i \1\ I..Ji , I\J!~ DELINQUENCY FOR TURN OFF SCHEDULED FOR April 7, 2004 CYCLE 2 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, April 6, 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 7, 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 $10,613.60 CITY OF MERIDIAN Delinquent Account list- council Page: 1 Standard Payment Customers Apr 06, 2004 04:27pm Current Period: 04/20/2004 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not inCluded Customer.Cust No 0 " (<} 880000001 Customer.BiII Cycle = 2 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02120/2004 01/20/2004 12120/2003 Date Amount 16.32.0538.2 AINGER, DAVID 68,34 43.92 24.42 03/18/2004 40.84 - 3.03.5338.1 ALBI, KEITH JR. 42,64 34.32 8.32 03/29/2004 20.00. 8.08.0116.2 ALCORN, JEFFREY 113.34 52.04 38.92 22.38 03/11/2004 107.84 - 18.42.2990.2 ALEJANDRO, ANGELO & LEIOA 38.92 35.16 3.76 04/0212004 35.16 - 14.19.1062.2 ALLEN, TOBY 118.55 94.14 24.41 02117/2004 100,00 - 15.21.0566.1 ANDERSON, JAMES 48.16 26.80 21.36 02103/2004 46.48 - 14.19.1360.1 ANDERSON, KIRK & CHERYL 38,68 21.08 17.60 02113/2004 17,60 - 18.42.1034.1 AV II L.L.C. 723.85 721.85 2.00 03/15/2004 663.45 - 16.31.3480.1 BAIRD, CATHARINE 0 63.64 36.40 27.24 01/30/2004 100.00 - 17.33.2568.2 BARBEY, THOMAS & BARBARA 70.32 31.40 38.92 02112/2004 32.64 - 18.42.2372.1 BARNES, CHRISTY 56.51 51.44 5.07 01/21/2004 63.97 - 18.43.2448.2 BARON, KONA & MICHELLE 175.44 36.40 85.20 53.84 03/1 0/2004 54,00 - 18.42.3068.1 BAUDER,KEN 111.60 38.92 72.68 02/26/2004 41,60 - 7.40.0350.1 BELCHER, JOSEPH 40.84 40.04 .80 03/02/2004 36.40 - 17.34.1902.3 BENGOECHEA, MIKE 174.24 100.24 74.00 03103/2004 111.52 - 18.42.4038.3 BIBIKOV, DANIEL 57.76 28.88 28.88 02110/2004 28.88 - 17.33.2528.2 BLACK, WI LLlAM & CAROLYN 80.24 40.16 40.08 0210212004 74.00 - 14.19.0320.2 BLOCK, MARGARET 33.44 30.56 2.88 04/02/2004 25.12 - 17.33.4154.3 BOBKO, RAYMOND 160.76 96.48 64.28 03109/2004 100.00 - 15.22.2282.2 BRICE, DAVID 65.46 64.06 1.40 03/03/2004 91.40 - 8.08.0196.1 BRIGHTON HOMES 38.68 21.08 17,60 02/13/2004 17.60 - 14,14.3658.2 BRISTOL, DUSTIN & SHELLY 54.48 52,04 2.44 03/10/2004 40.24 - 6,06.1504.2 BROSKI, MICHAEL & TINA 44.90 27,21 17,69 01/30/2004 53.84 - 8.08.0144.2 BRUCE. TIMOTHY 77.72 42,56 35.16 03/01/2004 68,92 - 16.32.0732.2 BRUNGER, DWAYNE & LINDA 196.41 46.44 50.20 99.77 03/01/2004 145,00 - 15.22.1410.1 BUCHANAN, ROBERT & MICHEL 50.90 49,26 1.64 02/27/2004 95,00 - 17,33.1852.1 BUNDY, DOYLE 50.40 36.40 14.00 03/02/2004 58,80- 14,19.7150.2 BURCHFIELD, DARRELL 42.88 42,56 .32 03/22/2004 41,00 - 15,15.0750.2 BURGESS, ALAN & STEPHANIE 80.36 43.96 36.40 02104/2004 69.04 - 10,10,0088.3 CAHOON, ERIC & AMY SKINNEF 82.16 45.76 36.40 02127/2004 40.16 - 15,21,0522,1 CALWELL, MARC 63.37 39.78 23,59 04/06/2004 35.00 - 14.19.7158.2 CAMPBELL, BENJAMIN 77.42 41.02 36.40 02/04/2004 102,80 - 15.21.1168.3 CARLISLE, MATHEW & LANIER 178,14 36.40 141.74 15.21.3130.2 CARSTENSEN, LUCINDA 159,86 63.48 50.20 46.18 03/26/2004 100.20 - 15.21.1402.2 CHAPMAN, JAMES 101.19 51.44 49.75 03103/2004 60.00 - 15.22.0848.1 CHAPMAN, THOMAS 211.12 80.64 57.72 72.76 02/03/2004 72.76 - 14.19.2400.1 CHERRY LN REC/CITY OF MERI 321.14 169.66 151.48 02/03/2004 153.44 - 15.15.0047.2 CHRISTENSEN, DAVID 62.50 54.98 7.52 03/31/2004 42.68 - 6.06.9006.2 CHRISTENSEN, MATHEW & TM.. 30.97 27.21 3.76 18.42.3092.2 CHRISTENSEN, SHARON 50.24 28.88 21.36 01/30/2004 58.88 - 15.21.2214.4 CLEVELAND, RICHARD & KAREl 169.44 169.44 09/04/2003 109.08 - 17.34.0600.1 COLDWELL BANKER/ASPEN RE 35.20 17.60 17.60 03/16/2004 17.60 - 16.31.2268.2 COLSON,CAROL 38.40 35.16 3.24 01/21/2004 113.52 - 14.19.1596.1 CONIBEAR. JAMES & DEANNE 60.42 39.06 21.36 02/13/2004 3.48 - 18.42.1172.4 COX, POLLY 57.76 28.88 28.88 03/08/2004 28,88 - 18.42.3062.1 CROFT, KENNETH 47,68 43.92 3.76 02/26/2004 51.44. 16.32.0714.2 CRUZ, EDUARDO & MARCIA 66.48 61.48 5.00 04/06/2004 80,28. 6.06.1930.1 CUPP, SHAD & BECKY 214,52 29.99 60.11 22.59 101.83 12/17/2003 70,00. 3,03.5048.1 CURT PRINDLE 11.42 7.94 3.48 16,31.1678.1 D'AMBROSIO, BARBARA 49,14 24,57 24.57 02/17/2004 79.14 - ... in Msg column indicates no Notice is to be sent i ( CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Apr 06, 2004 04:27pm Current Period: 04/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02/20/2004 01/20/2004 12/2012003 Date Amount 15.22.1420.1 DAVENPORT, DUANE 116.22 77.30 38.92 03/03/2004 46.44 - 13.13,5004,1 DAVIS, MICHAEL & TIFFANY 61.00 55.40 5.60 03102/2004 86.00 - 18.42.2288,3 DAVIS, RENEE 39.23 35.16 4.07 03/02/2004 31.40- 14.14.4324.1 DBD INC, 89.98 47.30 42.68 03/02/2004 31.40 - 16.32.1098.2 DERRICK, ARTHUR J & LAURA ~ 57.76 28.88 28,88 03/01/2004 77.66 - 6.06.9100.3 DEWEY, JOHN & DESEREE 58.30 31.95 26.35 02/05/2004 26.35 - 17.33.2594.2 DONALDSON, NEAL 75.52 38.92 36.60 04/01/2004 50.00 - 17,33,2612,6 DONALDSON, NEAL 114.40 62.64 51.76 03/03/2004 60,00 - 17,34,0746,2 DUVALL, KENNETH 61.52 28.88 32.64 02/03/2004 70.84 - 18.42.2598,2 EASTBURN,GARY 122.96 61.48 61.48 03/15/2004 65.14 - 17.34.1898.1 EDINGER, REX S. 74.08 38.92 35.16 02/17/2004 46.44 - 15.22.1490.1 EDWARDS, STAN 84.70 84.46 .24 02/03/2004 150.00 - 15.15.0520.2 EHLERT, DEAN & KIMBERLY 51.06 47,30 3.76 02/10/2004 85,36 - 14.14.9064.1 ELLIOTT CONSTRUCTION 60.04 24,84 17.60 17.60 01/22/2004 17,60 - 15,21,2876.1 ERNESTO, BRIAN 54.09 50.20 3.89 03/16/2004 40.00 - 15,21 ,1172.4 FALK, RICHARD 134.08 69.00 65,08 02/27/2004 60.00 - 16,16,3840,2 FITZEN, LARAE & LINDA 121.32 38.92 46.44 35,96 03/02/2004 50.00 - 14.19.7478,2 FLYNN, EMORY 60.04 21.08 21.36 17.60 17.34.1288,1 FOURNIER, JAMES 41.76 40.16 1,60 03/01/2004 90.00 - 15.15.0010,2 FOWLER, ROBERT & KERRI 120.22 54,98 65.24 03/08/2004 80.28 - 15.22.1650.3 FRANK, GARY & KANDRA 35.94 24.58 11.36 02/19/2004 27.56 - 17.34.0358.2 FREEMAN, CLAYTON & AMAMC 69.04 32.64 36.40 02/10/2004 36.40 - 16.32.1542.1 FUHRMAN, JOSHUA 69.04 32,64 36.40 02/12/2004 120.50 - 16.31.0176.2 FULLER, MELISSA 136.72 66.48 70.24 02/06/2004 85,28 - 6.06.1918.3 FULLILOVE, RICHARD 88.54 50.91 " 37.63 02/19/2004 37.63 - 17.33.7602.1 GALLION, RICHARD 41.58 22.59 18.83 .16 12/11/2003 45.00 - 14.20.1284.2 GARDNER, VINCE 71.21 71.16 .05 04/06/2004 91.43 - 17.33.2302.1 GARRARD,DALE 76.56 36.40 40.16 03103/2004 36.40 - 15.21.0234.3 GARRETT, DAMON 95.94 54.56 41.38 03/02/2004 45.00 - 17.34.2896.2 GAYTHWAITE, LARRY & TAM! 28.96 28.88 .08 04/0212004 29.00 - 15.21.1422.3 GELARDO, MICHAEL & LORI KA 106.56 40.16 66.40 02104/2004 87.84 - 16.31.3374.1 GOULDING, PAULINE 113.96 58.96 55.00 03/01/2004 70.44 - 16.32.1256.2 GRASS, JOYCE 37.15 21.36 15.79 02124/2004 38.00 - 17.33.2570.2 GREENFIELD, LYNDA 35.99 29.58 6.41 02/25/2004 58.87 - 15.22.1226.1 GREENFIELD, CINDY 102.88 55.20 47.68 02/19/2004 51.44 - 16.31.0158.1 GRIFFIN, RICHARD & GAIL 64.16 58.96 5.20 03/2212004 50.00 - 15.15.0055.2 GRIZZLE, BILL 105.18 51.22 53.96 02/27/2004 50.20 - 15.21.1734.2 GROAT, STEPHANIE 154.64 61.48 93.16 03/03/2004 100.00 - 18.42.2750.2 HAHN, DAVID& SHARI 62.92 62.72 .20 03/01/2004 55.00 - 14.14.3640.2 HANSEN, ROBERT & MARY CIO 69.22 37.82 31.40 02/25/2004 35.16 - 18.42.1820.1 HARRINGTON-BLACK, JODY 81.24 38.92 42,32 02/25/2004 33.00 - 3.03.5270.1 HARRIS, CHEREE 161.51 154.55 3,48 3.48 15.21.1776.2 HARTSOOK, HOWARD 87.54 52,64 34.90 11/17/2003 34.71 - 18.42.2734.1 HARWARD, PAUL 65.44 65.24 ,20 03/16/2004 57.72 - 17.34.3234.2 HATCH, GARY 69.04 40.16 28.88 02126/2004 57.76 - 15,22,1202.6 HATFIELD, TED 134.16 83.96 50,20 03/03/2004 53.96 - 18.42,3118.1 HENDERSON, CHRIS 66.56 31.40 35.16 02/10/2004 31.40 - 16,31.0490,1 HEYDEN,ROBERT 288.86 42,67 38.91 38.91 168.37 08/21/2003 274,92 - 14.14.1050.1 HIGH DESERT 42.44 24.84 17.60 02106/2004 28.32 - 9.09.9014.1 HIGH DESERT CONSTRUCTION 38.68 21.08 17.60 02/06/2004 47.49 - 16.31.0478.1 HIRAHARA, ED 252.15 106.59 121.63 23.93 03/08/2004 110.00- 14.20.1668.2 HOGUE, ELLEN & PHILLIP 92.94 67.82 25.12 03/03/2004 61.40 - 18.42.2714.4 HOLLADAY, ANTHONY & SUSAt- 55.28 20.12 35.16 01/28/2004 38.92 - 16.32.0530.3 HOOVER, L YND 85.38 38.93 46.45 02/10/2004 132.81 - 18.42.1874.1 HOWARD.MARGERET 60.56 50.20 10.36 04106/2004 100.20 - ... in Msg column indicates no Notice is to be sent I ( , CITY OF MERIDIAN Delinq uent Account List- council Page: 3 Standard Payment Customers Apr 06, 2004 04:28pm Current Period: 04/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02/20/2004 01/20/2004 12/20/2003 Dale Amount 17.34,2836.3 HOWE, RON 50.24 32.64 17,60 01/06/2004 80.32 - 17.34.2100.1 HUNT, RADELL 102.72 55,20 47,52 02/27/2004 44.00 - 15.22.1278.1 HYDE, TIFFANY 139.20 92.76 46.44 02/06/2004 53.96 - 17.33.2760.3 JACKCI. JEANETTE & JENNIFEI' 105.52 77.68 27,84 03/03/2004 60.00 - 16.32.1552.1 JAKOMEIT. MICHAEL 81.96 81.96 11/24/2003 43,79 - 17.33.0358.1 JAMES COURT APTS 1 .083.36 541 ,68 541.68 02/17/2004 541,68 - 17.33.0362.1 JAMES COURT APTS 150.46 82,75 67.71 02/17/2004 86,51 - 17.33.0366.1 JAMES COURT APTS 169,26 105,31 63.95 02/17/2004 157.95 - 17.33.0370.1 JAMES COURT APTS 97,82 45.15 52.67 02/17/2004 86.51 - 17.33.0374.1 JAMES COURT APTS 116.62 56.43 60.19 02117/2004 60.19 - 17.33.0376.1 JAMES COURT APTS 94.06 45.15 48.91 02/17/2004 56.43 - 17.33.0380.1 JAMES COURT APTS 150.46 75.23 75.23 02/17/2004 101.55 - 17.33.0382.1 JAMES COURT APTS 124.14 56.43 67.71 02/17/2004 78.99 - 16.31.0516.1 JARRETT, SHARON 42,72 21.36 21.36 02/17/2004 17,60 - 17.34.2102.2 JEFFS, RICHARD 29,08 28,88 .20 03/04/2004 57.56 - 9.09.9012.2 JOHNS. CHARLES & TAMARA 124,66 95.70 28,96 03/03/2004 85.20 - 18.42.0374.3 JOHNSON. DORTHY & REX 194.34 51.44 51,44 58.96 32.50 03/08/2004 25.00 - 14.20.1384.1 JONES, DAVID 123.16 69.20 53.96 03/01/2004 46.44 - 8.08.1088.2 JONES. TRAVIS & LAURA 140.34 94.54 45.80 03/01/2004 200.00 - 15.21.0028.2 KEENEY, DONLAN & ELlSABEH 75.54 35.16 38.92 1.46 03/17/2004 10,00 - 14.19.0176.1 KELLER. HARRY 65.46 37,82 27.64 02/03/2004 31 .40 - 18.42.1810.2 KESTER,ROBERT 42,60 38,92 3.68 04/06/2004 65,00 - 17.34.0270.2 KING. DONNA 50,24 25.12 25.12 02/12/2004 28,88 - 14.19.6642.1 KRENZ. ROY 112,14 47,30 64.84 03/02/2004 43,00 - 16.32.0512.2 KRUSE,BRENDA 42.72 21.36 21.36 03/02/2004 46.48 - 16.31.0866.1 LARSON-POOLE, VICKEE K. 84.08 43.92 40,16 03/0212004 51.44 - 18.42.2736.1 LENAGHEN. CHRIS 59.04 31.40 27.64 02124/2004 57.80 - 17.34.1074.1 LEWIS. LANNY 61.52 32.64 28,88 02123/2004 40.16 - 17.34,1978.2 LOFTIS. JASON B 57.76 25.12 32.64 8.08,1092,1 LONG. LELAND & SHANNON 48.30 48.28 .02 03/02/2004 77.82 - 15.15,0025,2 LONGSTREET,GARRETT 61.32 30.30 31.02 03/29/2004 25.00 - 17.33,2340,3 LYON, CHRIS & TAMMY 175.44 87.72 87.72 03103/2004 102.76 - 15.22,1724,1 MACHADO. DAVID 52.92 27.78 25.12 ,02 02106/2004 50.00 - 16.31,0134,2 MADSEN. DANA 74.34 43.92 30.42 02110/2004 50.00 - 17.34.2808.1 MANN. KEVIN & VIVIAN 59.44 58.96 .48 03/16/2004 66.00 - 8.08.1058.2 MANWARNING. JOSHUA & JONI 107.67 59.00 48.67 02126/2004 50.00 - 18.42,2332,1 MARIN, JOSE 112.18 46.44 46.44 19.30 01/06/2004 73.00 - 15,21.1760.1 MARKLE, JAMES 108.42 2,52 2.52 103.38 02113/2003 47.55 - 17.34.0576,4 MARTIN, JAMES 147.58 28,88 40,16 51,44 27.10 01/08/2004 48.00 - 16.31.0814.2 MCDOUGAL. MIKE 75,60 40,16 35.44 03/16/2004 25,00 - 17.33.2556.1 MCLEAN, BRANDON 44,02 43,92 .10 03/30/2004 44,00 - 16.31.0494.2 MESZAROS, LILLI 111,60 68,92 42.68 03/03/2004 46.44 - 16.31.2310.2 MEYER. SHERYL 99,63 99.63 11/18/2003 10,00 - 16.31.3414.1 MILLER, CHARLES & SHELLEY 149.20 61.48 87.72 02104/2004 169,04 - 17.34.1938.3 MILLER, DON 57.76 28.88 28.88 01/29/2004 32.64 - 14.19.1675.2 MILLER, GEORGIA L 30.66 30.56 .10 03/0212004 21,26 - 9.09.0130.2 MILLER. JAMES 111.42 59.98 51.44 0210212004 99,12 - 17.33.4264.3 MOMA. MICHAEL 139.12 71.44 67.68 03/03/2004 41.44 - 18.42,1836,3 MONROE, BUD 62.96 50.20 12,76 03/24/2004 50.00 - 15,22,2088.2 MOODY, SHAIN 61.15 39.22 21,93 03/01/2004 50,00 - 6.06.9590,2 MORGAN LAUREL 44.35 29,17 15,18 02/26/2004 60.00 - 13.13.1180,2 MORRIS, DOUGLAS & HEATHEF 43.66 37,26 6.40 03/16/2004 30.00 - 17,34.1026.2 MORRISON, DWAYNE 82.92 46.44 36,48 01/06/2004 48.88 - 16.32.1606.2 NASIATKA, JEFFREY 66.20 36.40 29.80 0210212004 120.00 - 8.08.1070.1 NEIDER. KYLEE & MENDI 119.16 50.24 68.92 02104/2004 104.08 - ... in Msg column indicates no Notice is to be sent (" ( CITY' OF MERIDIAN Delinquent Account List- council Page; 4 Standard Payment Customers Apr 06. 2004 04;28pm Current Period; 04/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 02120/2004 01/20/2004 1212012003 Date Amount 16.31.0508.2 NELSON JOHN H. 54.00 25.12 21.36 7.52 03/11/2004 21.36 - 6.06.9992.2 NORD, STEVE & LINDA 50,75 49.93 .82 01/13/2004 65.94 - 16.31.2198.2 NORRIS, JOSHUA & COREY 58.44 38.92 19.52 02126/2004 15.00 - 18.42.2338.2 NOSE, WAYNE & RHONDA 147.92 88.96 58.96 03/03/2004 66.48 - 16.16.3302.2 O'HARE, JUDITH 360.51 7.95 126,52 226.04 12103/2003 180.00 - 13.13.8816.2 OLIVER, SHELLI 60.60 57.92 2.68 04/06/2004 40.00 - 14.20.2020.2 OPAL BLUME TRUST 73.28 30.56 21.36 21.36 01/15/2004 36.40 - 18.43.0376.1 PACKARD ESTATES DEVELOPr. 29.65 25.89 3.76 04fD6/2004 25.89 - 16.31.3504.1 PADDOCK, LINDA 65.28 32.64 32.64 03/0212004 36.40 - 15.21.2230.1 PAGE, LINDA 65.96 35.16 30.80 03/0212004 32.00 - 7.40.0246.2 PANASITI, JOSEPH & DIANA 22.56 21.08 1.48 03/0212004 45.00 - 17.34.1230.1 PARENT,BEAU 50.14 43.92 6.22 03/11/2004 36.00 - 18.43.0180,1 PETERSON CONSTRUCTION 12.68 7.24 5.44 6,06.1510.2 PETERSON, RANDY & DIANE 78.08 44.21 33.87 02124/2004 26.19 - 16.32.0690.2 PETTERSON,KENNETH 102.80 66.40 36.40 03/08/2004 180.98 - 3.03.5234.1 PHIL HORTON 20.08 16.60 3.48 14.14.1012.1 PHOENIX HOMES 38.82 31.86 3.48 3.48 14.19.0828.2 PIPPIN HOMES 70.06 52.46 17.60 02103/2004 17.60 - 15.21.1932,1 POINDEXTER, RICHARD I 96.44 42.68 53.76 03/01/2004 46.84 - 17.34.1940.2 PRESLEY, ALLISON 87.84 55.20 32.64 02126/2004 32.64 - 18.42.2112,2 PROUTY,CLAYTON 57.76 28.88 28.88 02123/2004 62.64 - 15.21.1720.1 PURVIS. BRETT J, 84.08 43.92 40.16 02106/2004 35.32 - 17.34.1172.1 QUARNBERG, CARL & DOROTH 117.92 62.72 55.20 03/03/2004 65.02 - 15.21.0012.2 RAINFORD, ROBERT & AUNDA 99.04 36.40 62.64 02104/2004 69.04 - 16.16.3001.1 RATCLIFFE INVESTMENTS 20,88 20,88 16.32.1318.3 REEDER-GRAY, JULIE 115.52 66.40 32.64 16.48 03/03/2004 50.00 - 17.33.2348.1 RIPOLL, RHONDA 109.02 55.12 21.36 32.54 03/25/2004 31.46 - 14.19.0336.1 RONG, MARY 109.10 62.66 46.44 02104/2004 85.36 - 17.34.1946.4 ROSIN, DOUGLAS & KIMBERLY 128.42 58.88 69.54 03104/2004 82.00 - 14.20.1864.1 ROWLEY, HELEN 42.00 41.02 .98 03/24/2004 32.64 - 15.22.0914.1 RUCKER, JEAN 50.28 50.24 .04 04/06/2004 68.00 - 17.34.1078.2 SAVELBERG, DOYLE 121.60 73.92 47.68 03/04/2004 102.88 - 16.32.11 04.1 SCHMIDT, JERRY 46.48 21.36 25.12 02103/2004 46.48 - 16.32.1642.1 SCHMIT, JAMES 84,08 43.92 40.16 01129/2004 72.09 - 7.40.0070.3 SESSIONS. DEAN 84,24 69.20 15.04 04/06/2004 53.96 - 18.42.3078.1 SEVIG. MICHAEL 87,08 20.12 33.76 33.20 11/1212003 34,18 - 17.33.2402.3 SHACKELFORD,RANDALL 21.36 21.36 1210212003 28.88 - 17.33.2420.2 SHANE, MICHAEL 57.76 28.88 28.88 03/11/2004 28.88 - 16.32.0970.4 SHEARER, JOE & RENEITA 85.36 42.68 42.68 03/01/2004 50.20 - 18.42.2526.1 SHEL TRON. ROGER 94.08 58.92 35,16 03/15/2004 50.20 - 15.15.0764.2 SILVA, MANUEL & MARIA 68.24 34.32 33,92 02104/2004 112.80 - 17.34.0528.2 SILVA, STEVEN 62.80 35.16 27,64 03/01/2004 38.92 - 13.13.6076.1 SKINNER CONSTRUCTION 14.36 10.88 3.48 16.32.0962.2 SLUDER, MELISSA 36.56 36.40 .16 03/01/2004 76.40 - 9.09.0190.2 SMITH, GARY & KAREN 86.90 46.74 40.16 02105/2004 36.40 - 15.22.1076.1 SMITH, MARJORIE 90.71 66.83 23.88 01/30/2004 27.64 - 7.40.0112.2 SODERLlNG, DIRK & DIXIE 77.58 44.94 32.64 02126/2004 62.64 - 15.22.2342,2 SPAN HAUER, TODD & LISA 99.30 53.18 46,12 03fD1/2004 43.00 - 16.32.1686.3 ST GEORGE, JASON 55,23 28.88 26.35 02105/2004 150.00 - 6.06.9040.1 STEWART, LYNDON & SHAUNA 58.30 35.71 22.59 03/0212004 48.94 - 15.22.2604.1 STONE CREST CONSTRUCTIOr-. 23.48 3.48 20.00 15.21.2680.1 STRANGER, JAY 47.88 46.44 1.44 0410212004 45.00 - 16.31.1060.1 STRONG, EARNEST 286.86 286.86 08/20/2003 42.00 - 15.21.2922.3 STUART, DEAN & DIANE 111.68 53.96 57.72 03/0212004 114.04 - 16.31.3468.2 SUTTON 111, DONALD 50.60 50.20 .40 02125/2004 100,00 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Apr 06, 2004 04:29pm Current Period: 04/20/2004 No Delinquent Minimum AmountDelinquent Balance last Pmt last Pmt Cust No Name Balance Non-Delinq 02120/2004 01/20/2004 1 2120/2003 Date Amount 8.08.0280.1 TAHOE CONSTRUCTION 64.80 46.56 14.76 3.48 14.20.1964,2 TECO INVESTMENTS 67.54 39.78 20.12 7,64 03/01/2004 20.00 - 16.31.3514,2 TERRY, DOUG & WENDY 86.41 86.41 09/15/2003 86.28 - 16.32.0546,1 TEWKSBURY, LINDA 46.48 25.12 21.36 02/11/2004 50.24 - 16,32.1558.4 THOMPSON, GARY 87.28 43.92 43.36 03/0212004 82.00 - 13,13,8124,2 THOMPSON, RYAN 102.02 60.54 41.48 02124/2004 75.00 - 14,19.4458,5 THURBER, RICK 51.10 29.74 21.36 01/28/2004 63.10 - 18.42.2608.1 TONEY, RICHARD & ROBIN 139.10 57.72 81.38 03/31/2004 100.00 - 18.42,1216.1 TOROK, ZSOl T 59.04 31.40 27.64 02127/2004 59.06 - 7.40.0054.2 TRACY, DANIEL & KAREN 140.64 94.20 46.44 03/0212004 117.80- 14.19.1290.2 TRAVCO CONSTRUCTION INC 50.28 28.92 21.36 18.42.2348.3 TUTTLE, T AMI 44.00 20.12 20.12 3.76 12/22/2003 223.80 - 8.08.1012.2 ULIBARRI, VINCENT & KARLENE 98,83 57.20 41,63 03/16/2004 25.00 - 15.22.1032.1 US DEPT OF HOUSING 35.48 15.36 20,12 02110/2004 23.88 - 14.14.3018.1 VAil, RANDY & VICTORIA 98.18 54.26 43,92 03/0212004 40.16 - 18.42.3968,1 VANHOUTEN, MIKE 55.28 27.64 27.64 02110/2004 55.38 - 17,33,2578,1 VERKUYLEN,AD 38.08 36.40 1.68 03/0212004 100.00 - 17,33,2266,1 VETERANS ADMINISTRATION 12.01 12,01 01106/2004 20.12 - 17.34,1520.1 VICTORY, CHRISTOPHER 73.94 73.92 .02 04/06/2004 70.06 - 16,31 ,3556.2 VOGT, STELLA 67.04 57.72 9.32 03/15/2004 70.00 - 15,22,0318.1 VOORHEES, MICHAEL 69.58 49.26 20.32 0310212004 80.00 - 9,09,9126.1 WAGNON GENERAL 49.68 24.84 17.60 7,24 01/23/2004 3.48- 16.31,0608.1 WALKER, MICHAEL 86.76 43.92 42.84 03/0212004 45.00 - 15.21.2698.1 WARREN, WESLEY 89.62 89.62 01/06/2004 67.28 - 15.22.0842.2 WATTS, LOU 156,02 79.50 76.52 02124/2004 72.76 - 16.31.3322.1 WESTON, DECKER 67.48 66.40 1.08 03/04/2004 70.64 - 14.20.1724.2 WHALEN, JOHN JR 80.18 39.94 20.12 20.12 16.32.1436.3 WHITING, SUZETTE 38.96 21.36 17.60 02110/2004 38,96 - 16.31.3266.4 WIEDMEIER, GLENN & LISA 76.56 40.16 36.40 01/30/2004 28.60 - 17.33.2346.2 WilLIAMS, DARREL 95.28 32.64 32.64 30.00 03/03/2004 32.64 - 16.32.1252.2 WilLIAMSON, DALE 136.64 85.20 51.44 03/03/2004 58.96 - 16.32.1638.2 WILOTH, MARK 66.56 27.64 38.92 02/0212004 81.60 - 15.21.2184.2 WILSON, BRADL Y 89.24 53.96 35.28 04/06/2004 75,00 - 17.34.1468.3 WITTY, RICHARD & JEANNE 72.80 32.64 40.16 02126/2004 51.44 - 15.22.2372.2 WONACOTT, ANDREW & BRAN( 63.90 56.22 7.68 03/29/2004 40,00 - 14.14.3006.2 WOOD, DOUGLAS & MElANIE 47.61 46.32 1.29 03/23/2004 30.00 - 17,34,1506,2 WOODWARD, ROBERT 75.36 37.68 37.68 02/03/2004 102.80 - 18.43.0112,2 WOOLF, JARRY & BARBARA 72.80 38.40 36.40 02/23/2004 43.92 - 16.32,1632,1 WRIGHT, MICHAEL & SUSAN 78.00 40.16 37.84 03/10/2004 50.00 - Grand Totals: 23,035.51 12,421.91 8,096.47 933.65 1,583.48 Report Criteria: Terminated customers not included Customer.Cust No () = {<} 880000001 Customer. Bill Cycle = 2 ... in Msg column indicates no Notice is to be sent