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2004-07-13
lclude..ru`r yes.' by W.I Dad and!E; . ......:...: . one usliori of ., -,ouncii .R 32 acres iri''` lent: AZ' 04-004 Reque mc from RI IT +n` 11 1 n:. "v Parcel by and North 8 Re q uest'for Refund' of Fence Waiver A eal for Steve Chris ouoaivision No.:z Dy Nroperties West, Inc. -; east 'of North Meridian'' and south of East McMillan Road:' Approve Revised July 12, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 13, 2004, at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: x Shaun Wardle Bill Nary Charlie Rountree Keith Bird - X Mayor Tammy de Weerd 2. Pledge of Allegiance: h,9 Fe-kj 3. Community Invocation by Pastor Ed Kreiner, with the Meridian Assembly of God: /117yjc_, 4uC 4. Adoption of the Agenda: Ci�vv 5. Consent Agenda: a ve— A. Approve Minutes of June 22, 2004 City Council Regular Minutes: "W4 -e- B. Findings of Fact and Conclusions of Law for Approval: MI 04- 006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company — southwest corner of South Eagle Road and East Overland Road: �A,,ov^c- C. Findings of Fact and Conclusions of Law for Approval: PP 04- 012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C -G zone for Initial Point Subdivision by Robnett Construction — east of North Meridian Road and south of East Fairview Avenue: D. Development Agreement: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Kissler (Deals Parcel) by BRS Architects — southeast corner of East Ustick Road and North Eagle Road: ov1"v-c_- E. Development Agreement: AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I -L, L-0, and C -G zones for Meridian City Council Agenda — July 13, 2004 Page 1 of 3 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 Revised July 12, 2004 proposed McNelis Subdivision by Falcon Creek, LLC — northwest corner of North Ten Mile Road and West Ustick Road: 717/171� F. Montvue Sewer and Water Extension Pro'ect: �,v•✓ 6. Department Reports: A. Mayor's Office: 1. Economic Development Coordinator: ek"e 2. Presentation on Project Report for Mayor's Internship by Brandon Berg: //) I -rd-t i,-t.ec- 3. Update on Transition Team Report: �e�� b� i�- -�• 7. (Items Moved from Consent Agenda) 8. Request for Refund of Fence Waiver Appeal for Steve Christensen: y �� 9. FP 04-041 Final Plat approval for 18 single-family residential building lots and 1 common lot on 4.6 acres in an R-8 zone for Quenzer Commons Subdivision No. 7 by Brighton Development, Inc. — west of N_ Locust Grove Road and north of E. Ustick Road: ayN-4- 10. FP 04-042 Final Plat approval for 32 single-family residential building lots and 4 common lots on 9.34 acres in an R-8 zone for Burney Glen Subdivision No. 2 by Properties West, Inc. — east of North Meridian Road and south of East McMillan Road: 11. FP 04-043 Final Plat approval for 2 building lots and 2 common lots on 2.7 acres in an I -L zone for Cafarelli Subdivision No. 2 by Shaun Fickes -- north side of West Franklin Road and west of Linder Road:�s^t- 12. Public Hearing: AZ 04-010 Request for Annexation and Zoning of 4.10 acres from RUT to L -O zone for proposed Brockton Subdivision by Confluence Management, L.L.C. — 3665 North Locust Grove Road: e,7ayJ 13. Public Hearing: PP 04-013 Request for PreliminaryPlat approval of 10 commercial building lots on 4.10 acres for proposed Brockton Subdivision by Confluence Management, L.L.C. — 3665 North Locust Grove Road: 1-a Yf c IV A-,- W,--OVA-1c 14. Public Hearing: CUP 04-012 Request for a Conditional Use Permit for a Planned Development for proposed Brockton Subdivision with request for reduction to the required landscape buffer along the north, south and Meridian City Council Agenda July 13, 2004 Page 2 of 3 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 pub] is meeting. 4 Revised July 12, 2004 west boundaries and reduced or no lot frontage by Confluence Management, L.L.C. - 3665 North LoQL4st Grove Road: 15. Public Hearing: ZOA 04-001 Request for Zoning Ordinance Amendment to allow small antennas to be mounted on existing and new light and power poles within residential, office, commercial and industrial subdivisions by Pinnacle Engineers, Inc: 16. Public Hearing: PP 04-014 Request for Preliminary Plat approval of S commercial building lots on 6.9 acres in an I -L zone for Reagan Subdivision by Quadrant Consulting, Inc. - east of North Eagle Road and south of East Presidential Drive: �-�-- 17. Re -Adoption of Ordinance No. 04-1074 : AZ 03-018 Request for annexation and zoning of 43.86 +1- acres from RT to C -G zones for Kissler 1 Cobbs 1 Eagv 1 Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: ���o•�c• 18. Ordinance No. d4 - / 0,026 AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Kissler (Deals Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: ay1,nw+M-- 19. Findings of Fact and Conclusions of Law for Approval: AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square by Smith Brighton - northeast corner of North Eagle Road and East Ustick Road: v-,, 20. Development Agreement: AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square by Smith Brighton - northeast corner of North Eagle Road and East Ustick Road:' 21. Ordinance No. 12-,1-"f©gam/ AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square by Smith Brighton - northeast corner of North Eagle Road and East Ustick Road:���� 22. Ordinance No. AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I -L, L-0, and C -G zones for proposed McNelis Subdivision by Falcon Creek, LLC -- northwest corner of North Ten Mile Road and West Ustick Road: 1rW�&N_%__ Meridian City Council Agenda — July 13, 2004 Page 3 of 3 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 Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. 0 July 30, 2004 MERIDIAN CITY COUNCIL MEETING Auaust 3.2004 APPLICANT ITEM NO. 5WA REQUEST Approve minutes of July 13, 2004 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: ....... ... - Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Revised July 12, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 13, 2004, at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X I Mayor Tammy de Weerd 2. Pledge of Allegiance: by Brandon Berg 3. Community Invocation by Pastor Ed Kreiner, with the Meridian Assembly of God: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: Approve A. Approve Minutes of June 22, 2004 City Council Regular Minutes: Approve B. Findings of Fact and Conclusions of Law for Approval: MI 04- 006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company — southwest corner of South Eagle Road and East Overland Road: Approve C. Findings of Fact and Conclusions of Law for Approval: PP 04- 012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C -G zone for Initial Point Subdivision by Robnett Construction — east of North Meridian Road and south of East Fairview Avenue: Approve D. Development Agreement: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for K_issler (Dealt/ Parcel) by BRS Architects — southeast comer of East Ustick Road and North Eagle Road: Approve E. Development Agreement: AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I -L, L -O, and C -G zones for Meridian City Council Agenda —July 13, 2004 Page I of 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. Revised July 12, 2004 proposed McNelis Subdivision by Falcon Creek, LLC - northwest corner of North Ten Mile Road and West Ustick Road: Approve F. Montvue Sewer and Water Extension Project: Approve 6. Department Reports: A. Mayor's Office: 1. Economic Development Coordinator: Cheryl Brown - Approve 2. Presentation on Project Report for Mayor's Internship by Brandon Berg: Presented 3. Update on Transition Team Report: Report back in September 7. (Items Moved from Consent Agenda) 8. Request for Refund of Fence Waiver Appeal for Steve Christensen: Approve 9. FP 04-041 Final Plat approval for 18 single-family residential building lots and 1 common lot on 4.6 acres in an R-8 zone for Quenzer Commons Subdivision No. 7 by Brighton Development, Inc. - west of N. Locust Grove Road and north of E. Ustick Road: Approve 10. FP 04-042 Final Plat approval for 32 single-family residential building lots and 4 common lots on 9.34 acres in an R-8 zone for Burney Glen Subdivision No. 2 b Properties West Inc. - east of North Meridian y p Road and south of East McMillan Road: Approve 11. FP 04-043 Final Plat approval for 2 building lots and 2 common lots on 2.7 acres in an I -L zone for Cafarelli Subdivision No. 2 by Shaun Fickes - north side of West Franklin Road and west of Linder Road: Approve 12, Public Hearing: AZ 04-010 Request for Annexation and Zoning of 4_10 acres from RUT to L-0 zone for proposed Brockton Subdivision by Confluence Management, L.L.C. - 3665 North Locust Grove Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: PP 04-013 Request for Preliminary Plat approval of 10 commercial building lots on 4.10 acres for proposed Brockton Subdivision by Confluence Management, L.L.C. - 3665 North Locust Meridian City Council Agenda — July 13, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 49 hours prior to the public meeting. Revised July 12, 2004 Grove Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: CUP 04-012 Request for a Conditional Use Permit for a Planned Development for proposed Brockton Subdivision with request for reduction to the required landscape buffer along the north, south and west boundaries and reduced or no lot frontage by Confluence Management, L.L.C. — 3665 North Locust Grove Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: ZOA 04-001 Request for Zoning Ordinance Amendment to allow small antennas to be mounted on existing and new light and power poles within residential, office, commercial and industrial subdivisions by Pinnacle Engineers, Inc: Continue Public Hearing to August 17, 2004 Meeting 16. Public Hearing: PP 04-014 Request for Preliminary Plat approval of 8 commercial building lots on 6.9 acres in an I -L zone for Reagan Subdivision by Quadrant Consulting, Inc. — east of North Eagle Road and south of East Presidential Drive: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 17. Re -Adoption of Ordinance No. 04-1074 : AZ 03-018 Request for annexation and zoning of 43.86 +1- acres from RT to C -G zones for Kissler 1 Cobbs 1 Ea 1 Ruwe by BRS Architects -- southwest corner and southeast corner of North Eagle Road and East Ustick Road: Approve 18. Ordinance No. 04-1088 : AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Kissler (Deals Parcell by BRS Architects — southeast comer of East Ustick Road and North Eagle Road: Approve 19. Findings of Fact and Conclusions of Law for Approval: AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Sguare by Smith Brighton — northeast corner of North Eagle Road and East Ustick Road: Approve 20. Development Agreement: AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square by Smith Brighton — northeast corner of North Eagle Road and East Ustick Road: Approve 21. Ordinance No. 04-1089 : AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square by Smith Brighton — northeast corner of North Eagle Road and East Ustick Road: Approve Meridian City Council Agenda —July 13, 2004 Page 3 of 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 Revised July 12, 2004 22. Ordinance No, 04-1090 : AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I -L, L-4, and C -G zones for proposed McNelis Subdivision by Falcon Creek, LLC — northwest corner of North Ten Mile Road and West Ustick Road: Approve Meridian City Council Agenda -- July 13, 2004 Page 4 of 4 All materials presented at public meetings shalt 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. Meridian City Council Meeting July 93, 2004 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, July 13, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Staff Present: Jill Holinka, Will Berg, Anna Canning, Brad Watson, Bill Musser, Kenny Bowers, and Dean Willis. Item 9: 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'd like to welcome you here tonight and I will open up the regular City Council agenda for Tuesday, July 13. It is 7:00 o'clock and we will start with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is the pledge of allegiance and we are led in the pledge by Brandon Berg. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Ed Kreiner, with the Meridian Assembly of God: De Weerd: Thank you, Brandon. Item No. 3 is the community invocation by Pastor Ed Kreiner with Meridian Assembly of God Church. Thank you for joining us. Kreiner: Thank you. If you tell my congregation I came in and sat in the back row, 1 will deny it. Lord, we do not want to operate this meeting independent of you or your wisdom and we thank you that city government is as much a part of your plan as church and so we invoke your presence, your guidance in discussion and in all that is done we ask that there will be reasonableness and conclusions that are satisfying to the direction of our government. We thank you for it in Jesus' name, Amen. Item 4: Adoption of the Agenda: De Weerd: Amen. Thank you so much. I would like to present to you a City of Meridian pin and thank you for joining us. Okay. Item 4 is adoption of the agenda. Meridian City Council July 13, 2004 Page 2 of 56 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the revised July 12th, 2004, agenda as published. Rountree. Second. De Weerd: it's been moved and seconded to adopt the agenda as published. 1 would ask that an Item 3 under my office department report be added, just an update on the transition team report. Bird: That's -- it's revised. It's on the revised is what it is. That's why I give the revised date. De Weerd: Thank you. I appreciate the city clerk anticipating my every request. You're awesome, Mr. Berg. Okay. Thank you. The motion is to accept the agenda as presented. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 22, 2004 City Council Regular Minutes: B. Findings of Fact and Conclusions of Law for Approval: MI 04- 006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company — southwest corner of South Eagle Road and East Overland Road: C. Findings of Fact and Conclusions of Law for Approval: PP 04- 012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C -G zone for Initial Point Subdivision by Robnett Construction — east of North Meridian Road and south of East Fairview Avenue: D. Development Agreement: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Kissler (Dealy Parcel by BRS Architects — southeast corner of East Ustick Road and North Eagle Road.- E. oad: E. Development Agreement: AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I -L, L -O, and C -G zones for proposed McNelis Subdivision by Falcon Creek, LLC -- northwest corner of North Ten Mile Road and West Ustick Road: Meridian City Council July 13, 2004 Page 3 of 86 F. ontvue Sewer an „ Water Extension Proiect: . , d ,. De Weerd: Item No. 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Is there any further discussion? Hearing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Economic Development Coordinator: De Weerd: Thank you. Okay. Item 6, Department Reports. The first item you have the resume and cover letter of the applicant. I'd like to recommend to you for the contract of economic development coordinator and would entertain any questions. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: How many applicants did you have? De Weerd: We had a number of inquiries, but we have one application or one submittal. Bird: Where did we advertise for these at? De Weerd: Mr. Berg? It was published in the normal spots in both the Idaho Statesman and the Valley Times. Bird: And what kind of -- have you agreed upon a salary or is it depending on experience? Meridian City Council July 13, 2004 Page 4 of 56 De Weerd: Yes. It will be for -- you know, right now the contract would go until the end of September and so that would be -- I'm sorry, I don't have my calculator in front of me, but it's a 35,000 dollar a year contract, divide that by 12. Bird: And she's got about a quarter left? And she isn't an employee, she's an actual subcontractor; right? De Weerd: Yes. It's a contract, not an employee position. Bird: Well, is she -- is she a subcontractor and does she have a company name? De Weerd: No. She applied under her name. Bird: Okay. And you're recommending her to be hired? De Weerd: Yes, I am. Bird: Then, I move that we hire her. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve Cheryl Brown as the economic development coordinator. Is there any further discussion? Nary. is -- I guess the clarification is to select her from the RP process, but we still have to approve a contract. We don't have a contract with her yet. De Weerd: That's correct. Nary: So, that will come back. De Weerd: The city attorney is drawing that up. I thought it would be available tonight, but -- Nary: Okay. De Weerd: -- it's not. Bird: Well, we are just basically approving entering into a contract with her and it's not official until we approve the contract, but we do have to make a motion to enter into a contract. Nary: You're right. I just -- Bird: And this contract will only be until October 1st, this first one; right? Meridian City Council July 13, 2004 Page 5 of 56 De Weerd: Uh-huh. Bird: Okay. Nary: No. You were correct, Mr. Berg. I just wanted to make sure it was clear that that's all we were doing. De Weerd: Is there any further questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. 2. Presentation on Project Report for Mayor's Internship by Brandon Berg: De Weerd: Thank you, Mr. Berg. Item No. 2 is the presentation of -- from our summer intern on the youth initiatives that he has been working on. Brandon Berg. B.Berg: Thank you, everyone, Members of the Council, and Mayor de Weerd. This summer I've had the unique opportunity to be the first class of interns at the City of Meridian. I have been in charge of three major undertakings in the Mayor's office all dealing with youth. I'm going to just give you a little update on each of these projects and if you have any questions about them and, then, hopefully, just encourage you to support these efforts in the future, because I will be departing, but these initiatives need to continue and they need to continue with significant support from this Council and the leadership within city administration. The first task Mayor de Weerd gave me was to coordinate applicants and delegates from the City of Meridian for the Idaho Youth Leadership Council or Conference held in association with the annual Conference of the Association of Idaho Cities. This conference was held June 17th through the 18th at Garden City. We were able to secure five applicants to attend this conference, all females from area high schools, and they had a great time. I got a chance to meet with them following the conference, got a lot of feedback of what they want to see within our community, how they want to help, what initiatives they see that the Council and other community members take a part in to support the youth and things they would like to see done. They also have made commitments to the two other initiatives that I have been assigned, including the Mayor's Youth Council and to Meridian's Promise. That was the main goal of getting these youth involved at this conference was to get their further involvement in projects that we wished to coordinate within our city. So, that Meridian City Council July 13, 2004 Page 6 of 56 brings me to the second initiative I had. Currently in Idaho there is several communities of promise. However, Meridian is not one of them. America's Promise, the large organization, was founded in 1997 and I'm sure through the many conferences that members of the Council have attended you have heard bits and pieces about this. The packet of information that 1 gave to you talks more specifically about Meridian's promise and what we are undertaking within our city. When we gathered members of the community together to evaluate what the youth needed, to evaluate how the city and every member of our community can better serve the youth, we found that there really did not exist an overarching organization that allowed the networking necessary to provide efficient services to youth and their families throughout our community. With this in mind it was agreed upon by the members of our board to found and create Meridian's Promise, which will house all of our Community of Promise efforts, which is a subsidy of Idaho's Promise, which is also a subsidy of America's Promise. We have met on three occasions now, we have had two general meetings, one board meeting, and tomorrow we will have our second board meeting. We will adopt a vision and a mission at the meeting tomorrow. The vision for Meridian's Promise is that as a board and members we envision the creation of a community that values our youth by fostering long-term relationships with businesses, education, health care, and government agencies and organizations and providing a positive, safe environment that empowers all of its citizens to become active and productive members committed to building the character and competence of our youth. This is a large undertaking, but the members that we have assembled are very excited about the promise of our youth and are ready to empower the community and the youth. We hope to get several initiatives on board and deal with the search institute survey, which dealt with exactly what the needs of the youth are in our community, such as making the youth feel valued that they are a part of the city government, they are part of decision making, they have positive adult role models in their lives. Those are the types of initiatives that we will be undertaking as a board. We will also be completing our official Community of Promise application and with that and once it is approved, we will receive a nice sign to be placed for everyone to view when they enter the city limits of Meridian, indicating that we are committed to the development of our youth. The final project I have been assigned is that of the Mayor's Youth Council and upon the recommendation of the Council during the budget workshop I'm happy to say that this project is well underway. We will be formulating this Council in -- by the end of October. We will have youth selected. Currently I am working with the Mayor and Joe Borton on getting the application proceedings, getting bylaws and necessary ordinances and resolutions that the Council must approve and also coordinating activities within the school district to insure that we have adequate representation by the youth of the community. This project will allow the youth of Meridian to have the ear of the city directly. Mayor de Weerd has made a commitment to this project and we have discovered through looking at other youth councils, like in Caldwell, Nampa, and Rexburg, that the way that these programs are successful is if -- it is adequately demonstrated that the adult leadership, the Council, the Mayor, and the administration, if they are behind the initiative 110 percent. The youth must see the active -- the activeness of the Council and Mayor and their willingness to be involved with this effort. While some Councils may say that they are supportive of it, unless that action is seen by the youth, they are left disenfranchised Meridian City Council July 13, 2004 Page 7 of 56 and that's the main problem that we are trying to deal with. When the youth do not feel valued in the community, they don't want to build long-term relationships and they don't want to have roots in the community, they don't feel the need to give back. All of these elements are necessary, which is why it makes this Council a big step for youth feeling like they are represented and also creating positive adult -youth relationships. This has been a long two months, as I have been attending classes part-time at Boise State and will be returning to Lewis and Clark College in the middle of August, but I can assure you that these projects will be well underway and I will leave them in good hands with the necessary people, but I ask for your continued support of these initiatives, which may in the future come for the funding of positions to head such an organization as Meridian's Promise. The vision of this is to get big. We want it to get big, we want it to get powerful, we want it to be a resource that everyone in the community can turn to and while we just had the budget workshop meetings and we prided ourself on what we were able to do, I think all of these programs fit into the unique vision of the City of Meridian and we will work nicely, even if it comes to funding those types of positions as they are deemed necessary. Thank you very much for your time and have a fun meeting. De Weerd: Thank you, Brandon. Do you have any questions for Brandon? Bird: I have none, but I just want to compliment you on hiring such a fine intern. He's a young man that the City of Meridian can be proud that he's from and I know my wife and I think of him as a grandson and he's well worthy of all praise and I -- we couldn't have found a better youth to be a leader for us. B.Berg: Thank you. Bird: Thank you, Brandon. De Weerd: Thank you, Mr. Berg. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just a comment. I'd echo the same thing Mr, Bird said. Brandon, I appreciate all the time and effort. I know it's a lot, especially working with young folks and they have lots interests and other activities and that's very difficult. Council, most of us have been involved with the Association of Idaho Cities and seeing how these youth councils and all that can be a great and positive influence in a city and 1 think Brandon's absolutely right, I mean part of that is really showing them and putting, essentially, our money where our mouth is, and we did that in the budget discussions today and also by finding an opportunity on our parks commission for youth members to participate. It is an important part of our community and I appreciate Brandon's efforts as an intern this summer and being able to kind of get this started for us, so thank you. Meridian City Council July 93, 2004 Page 8 of 56 De Weerd: I just wanted to remind you that the Community of Promise that we are striving for, the five promises are caring adults, safe places, healthy start, marketable skills, and opportunities to serve. The Job Service is one of the partners in this and they are working on a Yellow Page project to identify all the youth resources and that's well underway, as I understand it. B.Berg: It's currently available online. De Weerd: Okay. Well -- so well underway, it's done. I go on vacation and look what happens. B.Berg: They are continuing to add a lot of things to it, but there is a searchable date base online already. De Weerd: And we do have the faith community as partners in this, the school district, the Chamber of Commerce, the health community. B.Berg: Nonprofit organizations. De Weerd: A lot of nonprofit organizations, Rotary, Kiwanis, the Boys and Girls Club, so there is -- and 1 believe you see a list of the board members. If there is any Council member who would like to be involved in this, I certainly would invite a member to join in. Let me know if you have an interest, because, certainly, we would like to see this work and it's important to have that visual commitment as well. So, Brandon, I appreciate all your work. You're phenomenal to work with and I appreciate your energy, your tenacity, and also your organization. You have done a good job with this. Thank you. B.Berg: Thank you. 3. Update on Transition Team Report: De Weerd: The third item is an update on the transition team report. I think you heard that in the budget presentations today and, folks, we have hung out together all day, we have been together since 8:00 o'clock, so if at times our eyes look like we are glazing over, it's not you, it's us. But you have heard a number of times in the presentations today about the transition team report. I have asked each of the department directors to give their response, as they have had a chance to review it. I have not heard responses from Council. I would like your directions on -- if you would like an opportunity to respond unofficially, officially, or how best, if you have any issues, or comments that you would like to make. What I am asking of the directors is now that I have got their responses, we will sit down and go through their responses and in September respond to the committee as a whole with the city's response. So, I would like to kind of get an idea from you all on if you feel compelled to respond, if you would like to do it through writing, through a pre -Council agenda, or how best to do that, so we can incorporate your comments into the city's response. Any ideas or comments? Reactions? Meridian City Council July 13, 2004 Page S of 56 Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: It sounds like you're leaving that to our choice. De Weerd: Yes. Rountree: My preference would be just to hand you some notes and comments. Bird: That would be my preference. I'll just type up something and give it to you. De Weerd: Okay. I would appreciate that. And, then, I can incorporate it into the department -- Bird: Remind me about the 1 st of September. De Weerd: I would like it before the 1st of September, Mr. Bird. Rountree: If we had a time line, that would be helpful. De Weerd: Okay. If I could have your comments by the end of the month, it would be appreciated. Bird: I will try, but I am going to go on a ten-day vacation, so -- De Weerd: Okay. How about the middle of August? Bird: That would be fine. The 1 st of August or something I'll get my comments in. De Weerd: Okay. Does that work for the rest of you? I know your time is limited, but I would appreciate your comments. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. Moving on, we had no items moved from the Consent Agenda. Item 8: Request for Refund of Fence Waiver Appealfor Steve Christensen: , De Weerd: Item 8 is a request for a refund of the fence waiver appeal for Steve Christensen. His correspondence should be in your packets and I was not able to talk with our Planning and Zoning director on this. By ordinance Council has the authority to the waive this. He did -- within our ordinance it also stated if it's withdrawn within seven days that they can request the refund. He did withdraw this within the seven-day time Meridian City Council July 13, 2004 Page 10 of 56 frame or before the time frame noted in our ordinance, so I would ask for your comments and any subsequent motion on this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got a question for Mrs. Canning. This is all -- all within the deal. What was your answer to him, that he had to come before the Council or -- if it's in the ordinance like that, you know, why couldn't you, as a staff person, been able to refund that, unless you have got a problem with it, and that's what I need to know. Canning: Madam Mayor, Members of the Council if you don't mind, I'd like to take a minute responding to this. The first time I saw this was tonight and since it calls my professionalism into question, I think it's appropriate to address it somewhat. The fence waiver that we received -- Mr. Christensen was not the applicant, he was responding in complaint to a fence waiver request. The request was very typical of the fence waiver requests that we have granted in the past. It's a corner lot, they were asking for a ten - foot reduction on one side, instead of the ten -foot, and these are exactly the kind of fence waivers that the city has granted routinely over years. The letter stated -- in Mr. Christensen's objection letter to the proposed fence waiver were the fence -- the type of fencing material which the city does not get involved with, that's up to this homeowners association and site safety concerns for the second one that were addressed. We did go out, we looked at the site triangles on all the adjoining streets to make sure that it wasn't going to be a sight concern. It was not. And that was backed up by both -- Bruce Stewart looked at the file from Public Works, who, as you know, has been on the fence waiver committee for years, as well as Lieutenant Stowe from the police department. So, the concerns expressed by Mr. Christensen were routine and they were typically something that the city has gone ahead and approved the fence waiver. So, with that as a background, when the fence waiver hearing was scheduled, we -- as we always do, we coordinated with the applicant on the timing of that hearing. Once we got that hearing scheduled we did get a letter from Mr. Christensen saying he wasn't able to attend, but the meeting had been scheduled, so we kept it where it was, in particular because this was a fairly routine fence waiver. So, when the hearing came, we did his letters, they were in the public record, we specifically talked about them and addressed them, but we went ahead and approved the fence waiver. That applicant, because of the CC&Rs, also had to get approval from her homeowners association. It was either denied or withdrawn -- I'm not sure exactly what happened, but she has decided not to build the fence, but before that decision was made Mr. Christensen wanted to appeal the decision. Now, the appeal -- he came before you and asked to not pay the appeal fee. Appeal fees are generally set quite low in an effort to not discourage people from appealing, but they -- the 150 dollars just covered the mailing notices and the legal noticing. So, all of that money had already been spent before Mr. Christensen requested his refund, because it had been noticed for a public hearing. So, there wasn't money. And, then, the -- if we hadn't spent any of it, yes, I would have gone ahead and issued it. It does say that refund is at the discretion of Council. Now, if t<� Meridian City Council July 13, 2004 Page 1 t of 56 we haven't really even begun to process an application, the Planning and Zoning Department will just refund the money, but in this case it had already gone through pretty much the whole process and, as I said, that 150 dollars covered the mailing and the noticing fees. There had been countless e-mails and phone calls and letters regarding this application. So, that doesn't address any of the staff time that was just the hard cost to the city. So, he had asked for -- as he states in the letter towards the bottom, he asked for a city fee schedule and any ordinance related to the fee schedule. have already done that, so he does have that information. I guess I'm -- I think that what has happened is he's in an arena that he's not fully aware of and is frustrated, because he's not as well informed as he might be and it happens frequently to people that get caught in this process and we have tried to answer him -- answer his e-mails. 1 have never actually spoken to him, I've only communicated through e-mails and we have always tried to get answers to him as quickly as we could. We had to do a little research on the fees that had been spent, so that e-mail took a little while, but I think that there has been a little misunderstanding. It's not the first time we have had an objection to a fence waiver and it wasn't an unusual request either, but I think we -- there has been some communication struggle on this one. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I'm looking at the ordinance that he cites, 11-19-3. Is that an accurate -- without me pulling up the code, is that accurate within the e-mail is what he cites as the ordinance? Canning: I'm pretty sure that's what I had sent him before and I apologize, 1 didn't notice this on the agenda and didn't come in -- the letter just came -- I just got from Mr. Berg, so that appears correct. Nary: Okay. And, then, 1 guess I was going to ask Mrs. Holinka if she would look at that, because when I -- the way I read this -- and it's just me reading it -- it doesn't appear that it's discretionary for us to not give him back his fee. It doesn't say that if no work has been done or at the discretion of the Council, it just says we have to order it, but the language in the code says the fees to be charged are not refundable, except where petition or application is withdrawn at least one week before the day. So, that doesn't sound like it's a discretionary decision on our part to return it. I mean I agree with you, Mrs. Powell, the purpose of the fee -- I'm sorry, Mrs. Canning. But the purpose of the fee is to pay for the work that's in the -- the noticing and all the requirements that go with having a proper hearing. This one I know is a little goofy, because most of the appeals of this type is the person who has the fence waiver denied. This was the neighbor who didn't like the fence waiver that was granted; isn't that right? Canning: Correct. Meridian City Council July 13, 2004 Page 12 of 56 Nary: Okay. But I guess maybe Mrs. Holinka can give us her thoughts, but 1 don't see any language in here that tells me that it's our choice and that we have some discretion or standard in which to apply to not give it back, something like unless the fees have already been expended for notice or something, then, I think we could, but -- Canning: And I'm double-checking the code, so I'll -- Nary: Yeah. I just pulled it up, too, and it's the same. I mean what he has in his e-mail is the same thing that's in the code that we have in front of us, but it just doesn't appear that we have any discretion, it just sounds as if we have this administrative function of approving it, so -- but, I don't know, Mrs. Holinka, did you have an opportunity to look at that? Holinka: Madam Mayor, Members of the Council, I did look at this and it is the accurate -- the most recent code provision in the code and I guess I would have to agree with Councilman Nary that there is really not a discretionary element there, but it's just -- it has to be approved -- the refund has to be approved by the Council. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: So, I guess -- I guess, Anna, I would agree wholeheartedly with you, we just didn't write it that way. It sounds like our function is merely ministerial at this point and merely we are supposed to approve that return and put this on the list of the many other ordinances we need to fix, because it doesn't seem to be very fair to the taxpayers to eat the cost of an appeal that gets withdrawn, but we didn't write it in the way to cover that. It appears back in 1984 it took us -- we didn't send the notice out until closer to the time they could withdraw it and now we do it properly ahead of time, but -- Bird: We probably didn't send notices. Nary: But I mean that's just -- 1 just don't see us having discretion. I agree with what you said and why we shouldn't give it back, but I don't know that we have any real basis to deny it. Unless somebody else reads it different. De Weerd: Council, any further comments? Bird: I have none. Rountree: I have none. De Weerd: Other than to Mrs. Canning to add it to a growing list of ordinances that appear a little antiquated. Any other comments? Well, I guess I would need a motion, then. Meridian City Council July 13, 2444 Page 13 of 56 Nary. Madam Mayor? De Weerd: Mr. Nary. Nary: I would move that we approve the refund of the appeal fee paid by Steve Christensen in the fence waiver request pursuant to the city ordinance. Wardle: Second. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 8. Any further discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. I guess procedurally how do we go about -- Berg: Madam Mayor, 1 would suggest that I get a copy of the minutes and we will write a request sheet check to the accounting department and issue the money back and document it in a file. De Weerd: Okay. Canning: The fees were probably spent by the clerk's office, so -- I mean since it's the budget day, I don't know whose budget it gets refunded from. Probably P&Z, since Will's probably already absorbed the cost once, so -- De Weerd: Okay. Well, we will see a request, then, out of special services and -- but, Will, if you will initiate the action. Berg: Yes. Madam Mayor, yes, I will and I will make sure Anna has the paperwork. Item 9: FP 04-041 Final Plat approval for 18 single-family residential building lots and 1 common lot on 4.6 acres in an R-8 zone for Quenzer Commons Subdivision No. 7 by Brighton Development, Inc. — west of N. Locust Grove Road and north of E. Ustick Road: De Weerd: Okay. Thank you. Okay. Item No. 9, FP 04-041. 1 will ask for staff comments on Item No. 9. Canning: Madam Mayor, Members of the Council, this is a request for Quenzer Commons Subdivision No. 7 and it is -- consists of 18 single-family residential lots and one common lot. The common lot has the green dot on it. It's a pathway connecting Meridian City Council $ July 13, 2004 Page 14 of 56 the open space just south of there. I will go back up to the approved preliminary plat. You can see the open space lot here and the pathway connection there. It is in substantial compliance with the approved preliminary plat and staff is recommending approval. De Weerd: Thank you. Canning: There is a letter from the applicant stating they are in agreement with the conditions of approval. De Weerd: We have a copy of that e-mail in front of you and so, Council, what is your motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 04-041, final plat for Quenzer Commons Subdivision No. 7. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 9. Is there any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 10: FP 04-042 Final Plat approval for 32 single-family residential building lots and 4 common lots on 9.34 acres in an R-8 zone for Burney Glen Subdivision No. 2 by Properties West, Inc. -- east of North Meridian Road and south of East McMillan Road: De Weerd: Okay. Item 10 is FP 04-042. Staff comments on this item. Canning: Madam Mayor, Members of the Council, this is Burney Glen Subdivision, which is just west of that last Quenzer Commons Subdivision. This is the second final plat and this is the preliminary plat as shown circled in red. This is the final plat. It is in substantial compliance with the approved preliminary plat. I have shown the open space lots within the green dot. The small one does connect, as you see, to future phases of that large open space. It is in substantial compliance with the approved preliminary plat. There was one condition. On page three, item number 13, should not have been in there, so we need to delete that. The applicant has provided a letter stating that they are in agreement with the conditions of approval if that number 13 is taken out, as just discussed. Meridian City Council July 13, 2004 Page 15 of 56 De Weerd: I guess it just goes with 13. Any discussion by Council? Bird: I have none. Rountree: None. De Weerd: Okay, I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, FP 04-042, final plat for Burney Glen Subdivision No. 2 with the deletion of item number 13. Bird: Second. De Weerd: It's been moved and seconded to approve Item 10 with the amendment. Any further discussion? Mr. Clerk, will you call roll. Roll -Cali: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 11: FP 04-043 Final Plat approval for 2 building lots and 2 common lots on 2.7 acres in an I -L zone for Cafarelli Subdivision No. 2 by Shaun Fickes — north side of West Franklin Road and west of Linder Road: De Weerd: Item 11 is FP 04-043. We will -- Canning: Madam Mayor, Members of the Council, this is off of Franklin Road. We are moving out of the north Ustick area. But this is a -- was a four lot preliminary plat and they are coming through with all four lots on their final plat as shown. It is in substantial compliance -- basically, exactly the same. There are two open space lots. Those do border a drive aisle that will lead to the -- or leads to the bus parking facility, the school district bus parking facility, and the final plat is in substantial compliance with the approved preliminary plat. I do not have a letter from the applicant on this one. De Weerd: Thank you, Anna. Is the applicant here this evening? Are you in agreement with the staff comments? Okay. The applicant is in agreement. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 13, 2004 Page 16 of 56 Rountree: I move that we approve Item No. 11, FP 04-043, final plat for the Cafarelli Sub No. 2, subject to staff comments. Bird: Second. De Weerd: It's been moved and seconded to approve Item 13. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. We have entered the Public Hearing section of our agenda this evening. We do require by ordinance that anyone wishing to provide testimony be sworn in and so if you do and intend to provide testimony on Items 12 through 16, if you will, please, raise your right hand. Applicants -- I always love it when staff does it, so -- and that includes applicants as well. So, is the testimony you provide tonight the truth, the whole truth, and nothing but the truth? If so, answer I will. (Affirmative answers.) Item 12: Public Hearing: AZ 04-010 Request for Annexation and Zoning of 4.10 acres from RUT to L -O zone for proposed Brockton Subdivision by Confluence Management, L.L.C. — 3665 North Locust Grove Road: Item 13: Public Hearing: PP 04-013 Request for Preliminary Plat approval of 10 commercial building lots on 4,10 acres for proposed Brockton Subdivision by Confluence Management, L.L.C. -- 3665 North Locust Grove Road: Item 14: Public Hearing: CUP 04-012 Request for a Conditional Use Permit for a Planned Development for proposed Brockton Subdivision with request for reduction to the required landscape buffer along the north, south and west boundaries and reduced or no lot frontage by Confluence Management, L.L.C. -- 3665 North Locust Grove Road: De Weerd: Thank you. Okay. Items 12, 13, and 14 are all related and I will open those three items on AZ 04-010, PP 04-013, and CUP 04-012. We will open these items with staff comments. Canning: Madam Mayor, Members of the Council, we are back up to Linder north of Ustick area. The site is located just east of a portion of Heritage Commons, just south of their entryway. This purple area is the new fire station on Locust Grove. I'm sorry. Locust Grove, not Linder. I always do that, don't 1. As you can see here, some of the subdivisions are newer. The two schools are across the street. And this entrance would line up with the subdivision to the east. This is the plat, but we are going to go to Meridian City Council July 13, 2004 Page 17 of 56 the site plan, because it's difficult to see on that one. The applicant is proposing to zone the entire site limited office. It's 4.10 acres in size and it would accommodate ten office lots. You can see outlines of the structures here. One. Two. Three. Four. Five. Six. Seven. Eight. Nine -- 1 fast one. Bird: No, there is ten. There is three across the one side, one -- Canning: Oh, here is one there. Yeah. Bird: Yeah. Canning: So, one, two. There we go. Sorry about that. Bird: They shoved a little tiny one in there on you. Canning: It would be a total of 29,742 square feet of office buildings. They are small. Each building is on an individual lot. They are requesting a planned development and as part of that planned development for the amenities they are proposing two gazebo areas, one at the north of the site and one at the south of the site. They are also proposing a pedestrian access to the south. It would be just behind the fire station lot here. And they have proposed a stub drive aisle to the north. There are currently no stubs coming from Quenzer into the property along the west property line and they have proposed one entrance to Locust Grove on the east. And, as I said before, it aligns with the subdivision entrance. In the staff report Mr. Hood spent quite a bit of time -- and, hopefully, you got a chance to read it -- regarding the question of the neighborhood centers, which would seem to be the outstanding issue on this application as we go forward. In the Comprehensive Plan the neighborhood centers were kind of -- if you envision this as Locust Grove, this property would be at the -- kind of the edge of that neighborhood center. The Comprehensive Plan intends that those core commercial areas would be at -- at kind of the apex of that center, half section lane. What we have seen so far is Quenzer Commons and their commercial area would be just -- just off center in one area. We had Razzberry come through -- Razzberry Subdivision and they were right at the edge and they have proposed offices at the edge and, then, Brockton would, again, be at the edge proposing office uses. Staff was kind of in a quandary. The target set by the Comprehensive Plan have been -- will be exceeded once this sub -- if this subdivision is approved. So, staff is unclear as to what will be appropriate for the other intervening properties where, really, the core commercial activities were proposed and those are vacant -- some of those are still vacant at this time. As Mr. Nichols would do if he were here, remind me that the Comprehensive Plan is just a guide to growth and development, but staff still takes it very seriously and we were kind of not clear where the city wanted to go as far as making the finding that this was consistent with the Comprehensive Plan, because we do seem to be exceeding those non-residential square footage areas. As envisioned, it would be core commercial and, then, higher density development of residential development around that, rather than a strip office commercial development, which is a bit of what we are afraid of in this instance. And you can see some of those properties. This was Razzberry in this Meridian City Council July 13, 2004 Page 18 of 56 location here. We currently have an application on these properties. This is the Quenzer Commons commercial property. And here we are down -- here is the Brockton Subdivision piece. There is one small intervening piece here as well and, then, there is our fire station. This does come forward to you with a recommendation for approval from the Planning and Zoning Commission. They held a hearing on June 3rd and the following people testified. Staff. Mrs. McKay testified for the developer in favor of the application. Beverly Donahue, who has also, I believe, submitted a letter, lives in this small -undeveloped property just south of the entrance drive. Joe Canning testified about the concern over the city approving other future developments in the area for non- residential uses if the development is approved. The Commission discussion focused on the neighborhood center concept and the amount of non-residential uses within the center. They also discussed the drive aisle and amenities being in easements, rather than common -- in a common lot and that there is a -- kind of a rather lengthy note there on your summary sheet. The Planning and Zoning Commission wanted to not make it a requirement that the applicant put all the amenities in their own lot. Right now they do share -- basically share a lot with some of the buildings. But their motion was not clear that that should be taken out, but their discussion was pretty clear. So, staffs left it in for now, but we do anticipate that if -- I guess we anticipate that that will come out based on their recommendation, but that, of course, is up to the Council. And that would be condition number six on page 20 of the conditional use permit recommendations. As that reads now it -- let's see. We should strike the sentence that said gazebo areas shall be incorporated into common lots, so -- and just -- instead just put it: All future lots within the development have an access to the amenities through a recorded easement. And I can repeat that. If that's the way that Council wants to go, I can repeat that again later. And, then, the last sentence would completely come out. And with that rather confusing last note, I'm sorry; I will end staffs presentation. De Weerd: Thank you, Anna. Any questions for staff at this point? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? Canning: Mrs. McKay, if you want to use the large boards, I need to remind you to use the display over by the wall and the pointer. McKay: Yeah. Canning: Okay. McKay: ,lust trying to get my stuff stabilized. Becky McKay with Engineering Solutions, 150 East Aikens, Suite B, Eagle. I'm representing the applicant in this matter. This particular site, as Anna indicated, is not very large. It's 3.8 acres of usable area. The 4.1 is the area that's being annexed and rezoned due to taking in the right of way, but it's 3.8 acres. The site is -- hold on. The site is 329 by 507 feet and it's situated on a minor arterial, it has one existing house on it, and I think an accessory building. As i Meridian City Councif July 13, 2004 Page 19 of 56 Anna indicated, we have the new Meridian fire station located on this lot here. There is a single family dwelling located back here that takes access via a flag lot. And, then, there is a parcel that's about one and a quarter acres to the north of us that adjoins Heritage Commons collector roadway and, then, Heritage Commons wraps around our western boundary. In looking at this site, it was very limited in what we could do with it and we did study the Comprehensive Plan for the mixed use neighborhood centers and we struggled coming -- trying to come up with a unique, creative type concept that would, obviously, be acceptable to the neighbors, would benefit the city and the community, and would also be a viable project. One of the keys that we saw in there was the fact that it talks about creating interconnectivity, limiting access to the arterials, which we did that by aligning with Summerfield. We have one access point here. We widened that to 30 feet versus the 25 to allow for easier ingress and egress. We oriented our buildings on the exterior, kind of varying them so we didn't have a wall of buildings in size and shape and, then, oriented all of the parking in what we kind of call a Y configuration internally, so we don't have the sea of parking being the focal feature from the minor arterial like we find in like a strip commercial development and in multiple access points to the arterial, we have one common access in alignment and, then, this internal access here with the parking, with landscaped islands, with all the radiuses that meet the fire department's 48 -foot radius and, then, this Y concept allowing -- if a fire truck did have to enter it, they would have access via Locust Grove, but if they did have to enter, they could come in here and, then, come back out. These radiuses also meet fire department requirements. The parcel to the north has access to Locust Grove at this time. It's a residential parcel. However, in Ada County Highway District's staff report it stated due to the close proximity of that parcel to the Heritage Commons collector, access would not be allowed if that parcel were to redevelop. Therefore, we did provide an inter -connective cross -access to that parcel, as you can see it right there, via us. Now, according to the applicant -- and staff did confirm this for us today -- when the Council at that time approved Heritage Commons, they restricted their connection to Heritage's collector for residential purposes only and did not allow any -- any access if it were to redevelop as office or a day care or whatever. So, they are kind of in a pickle and I have met with Mrs. Donahue -- we had a neighborhood meeting, she attended, we got some residents from Summerfield, we showed them our plan, the neighborhood was very excited about it, they said that they thought it was a perfect use, residential compatible office, single level, stucco, masonry type design. They voiced that they did not want like multi -family or something along that line and they were very, very pleased. We talked to Mrs. Donahue about providing similar fencing along this northern boundary to match what Heritage Commons has installed next to her on the west, coordinating with her on the piping of ditches, waste water, and seeing what we can do about coming up with a pressurized irrigation system that could potentially benefit both parcels, since they are both very small. As Anna indicated, in your Comprehensive Pian it is a guiding document, it talks about the goals, it specifically states under the mixed use that the following standards will serve as general guidelines for development in mixed-use areas. It talks -- it goes on later on to talk about multi -family. It says where feasible multi -family residential will be encouraged in some of these multi -use areas. This particular parcel is just so small, to try to integrate other uses is just not really workable and would not be viable. I spoke with the gentleman who developed I guess one of the t (f. Meridian City Council July 13, 2004 Page 20 of 56 parcels out at Ustick in Boise city and he had tried to do a vertically integrated type project, it had a town home component and, then, these vertically integrated offices, putting apartments above it. He happened to be at my hearing at the Planning and Zoning Commission and he pulled me aside outside and he said you have noticed we have never built the vertically integrated product, because there is no market for it out in the suburban areas. The market for it is in the core -- the city cores. We are seeing it like downtown Boise. But he said I can't -- I can't find anyone that wants to purchase that type of thing, build that type of thing, or loan any money on that type of product. So, obviously, you know, we are market driven and I feel that we have come up with a good design, we have installed a lot of landscaping, we are meeting all of the buffering, future right of way, we have got a pedestrian connection here, vehicular and pedestrian connection to the north. Since Heritage Commons did not do any interconnectivity here, I can't connect to them, but people from that Heritage Commons could come down their collector and if Mrs. Donahue's property were redeveloped, they could walk down via her pedestrian network and come into this site. Your ordinance mandates six percent landscaping within the hard surface area. We have approximately nine percent, so I think, you know, we have done a real good job trying to come up with a development that we can build along a minor arterial, but yet can still be compatible with the single family residential that we are going to have on our western boundary and for a little parcel like this there is not a heck of a lot more that I can do. We did provide some pictures of the type of product that our client would like to buy or build. Sorry. Like I said, they are stucco, different stucco designs, with masonry. Some have brick. Some have like a river rock. They all have like architectural type shingles. They are very compatible. These particular buildings on Eagle Road, they are all single level, they back up to the Legends Subdivision, which is middle to higher end single family residential. It's a good project. I also wanted to submit for the record some pictures that we took today of a similar project over on Overland and, interesting enough, this one is right next to Boise city's fire station, the old Whitney fire station on Overland. It's the same type of concept. They came in with one access to the arterial and it comes into an office complex. They have brick stucco type buildings and, as you can see, all of the -- this is right next to the old Whitney fire station on Overland -- the Boise city fire station, I believe, and they did the same thing. One driveway access coming in. All of the buildings are oriented like the new urbanism on the exterior and, then, when we have the buildings oriented along the arterial you get two very nice elevations, because the buildings have so much visibility. They have visibility on the exterior and on the interior and you can see -- De Weerd: Do you want to -- do we have the item up and going that she can show those? McKay: The item up and going? De Weerd: The overhead. That way everyone can see what you're showing to us. i Meridian City Council July 13, 2004 Page 21 of 56 McKay: But, anyway, it makes for a very nice development, very esthetically pleasing, and that's what we were trying to promote. I also kind of made you up a little map here that I will show prior to my conclusion -- De Weerd: And, again, I would ask that you put it -- McKay: To put it on the overhead? De Weerd: So everyone can see that. McKay: This basically is just a map showing McMillan to Ustick and, then, a half -mile west of Locust Grove. And the orange is what your neighborhood center designation -- what that's doing there. You have Havasu Creek that's taking up this area. You have Heritage Commons that's developing is this area. And as you can see what's left there are two five -acre parcels. Sisters own that. There is a house on each one. They were very anti -redevelopment and, then, you have got -- De Weerd: Becky, why don't we go ahead and put that up. McKay: Is she about ready? Oh, there you go. As you can see, this is your neighborhood center overlaid onto an assessor's map. Havasu Creek has taken up this area. Heritage Commons has developed this area, so what we have left is we have Mrs. Donahue's parcel, we have the subject property right here where it says site. There are two five -acre parcels, one here and one here, each with a single-family dwelling who shares a private road access. They are two sisters who raise registered horses and when I met with them when I was working on Havasu Creek, said that it was their intent not to redevelop, that they loved it out there, and so as far as the neighborhood center, the core being at the half mile, that has not happened. Instead, what we have here is a situation of large properties coming in prior to the neighborhood center concept being adopted and, therefore, not really incorporating that half mile collector like is envisioned in that diagram, which is a concept only, that's in your Comprehensive Plan. So, we have a fragmented system of small five acre, ten acre -- these are two five acre parcels here that we are trying to, I guess, meet -- somehow meet the intent of that neighborhood center. Your Comprehensive Plan talks about for the neighborhood center having ten acres of non-residential, but it doesn't stipulate -- it talks about these being guidelines, it doesn't stipulate that that is a mandate and I don't know -- like I told the Planning and Zoning Commission, how do -- how does one determine who gets the ten acres and how that ten acres is allocated. Is it first come first serve? Is it -- you know, it's something that, obviously, I guess my point is discretionary and it is not -- it's ten acres period and nothing. We have got these fragmented small parcels and there is only so much we can do with 3.8 acres. I have about maxed out the creativity that I can come up with on that one and I thought that considering what we had to work with, we did a good job. And do you have any questions? De Weerd: Council, do you have any questions? f E. Meridian City Council July 13, 2004 Page 22 of 56 Bird: I have none, Mayor. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I disagree with you, Becky. I mean 1 do recognize that it's not going to look like the map in the book. I recognize that. But it is supposed to be a mixed use and there is no mixed use on this property and there are office buildings right next to it. mean in that -- that front part of Heritage Commons is office buildings, too, and if I took your argument, then, it means that if they basically built this entire thing out into office buildings, we'd really throw the whole mixed use idea out. I mean I guess I'm not -- the whole intent, I thought -- or at least for me, 1 believe that neighborhood center was to eventually entice people to stay in their neighborhood, to create a neighborhood feel. Ten office buildings in four acres -- less than four acres doesn't have any neighborhood feel at all to me, unless all of the people in Heritage Commons and Havasu Creek go to the dentist there, there isn't any -- there isn't anything that keeps people there. That's the intent of the mixed use to me. Now, it is a small piece of property, but if you could squeeze ten buildings on there, I guess I'm not sure why this can't be mixed use. It doesn't have to be residential and office. I wouldn't have a big heartburn with some of the smaller commercial types of properties that can, again, keep people in their neighborhoods and not have them drive all the way down Locust Grove to Fairview just to go get coffee or just to go get -- to pick up a pizza. That's the intent and I guess I don't think this got it. It looks good. It looks very nice. And the buildings look very good, but it looks to me like that string of office buildings when I drive north on Eagle Road and I get near Hobble Creek and all I see is one office building after another after you pass Lowell Scott and there are all these little pods of office buildings that are on the west side of -- or the east side of Eagle Road. That doesn't look like a neighborhood to me. It looks like a strip of office buildings. So, I guess I don't agree with you that you couldn't do it more as to what the intent was and I guess I don't see how we make that finding that it's compliant or consistent with the Comprehensive Plan, because it doesn't appear to me to be at all consistent. McKay: Mr. Mayor -- Mr. Nary, when you look at the Eagle Road corridor, it's a completely different concept, because I did both those office complexes along Eagle Road after you pass Lowell Scott. The one for Legends. One our parking was oriented to the exterior, so that is what you see from Eagle Road is you see parking and, then, you see buildings. We used a line of buildings and we didn't create a complex. They were interconnected, but no complex, it was just one driveway. When we get north to the Eagle Medical Plaza, we had one approach and, then, we had like a little cluster of three brick buildings in that one. That particular site was a challenging site, too, because, like this one, you saw everything develop around it and it became kind of a left over that no one provided any interconnectivity to. I guess the point I'm trying to make is Heritage Commons -- when the Council approved Heritage Commons, they did not approve Heritage Commons based on this neighborhood center concept. Had they Meridian City Council July 13, 2004 Page 23 of 56 approved them, we -- we would have had the interconnectivity through Mrs. Donahue, a full interconnectivity, and interconnectivity to this parcel. They provided no interconnectivity along the western boundary of our parcel. The connectivity here is for residential purposes only. So, what has happened is when the Council approved Heritage Commons, they isolated these two parcels. No public street stubs were given to them and no cross -access, other than the residential restricted access here. So, now we are left with the 3.8 and, then, Mrs. Donahue's 1.25 and trying to deal with the guidelines of the Comprehensive Plan and make this fit or interconnect. The only interconnection -- I got the fire station. I have no interconnection with them. These buildings are not your traditional big office buildings. They are 2,000 to 4,000 square feet and I don't think you're going to see all dentists in there. The other thing we are seeing in some of these areas is people like to have their office close to their home, so instead of driving out to Fairview to their office, if they are an accountant, for example, they can buy a lot and build an office there and live in Heritage Commons. They could walk to work via the sidewalks that we construct along Locust Grove and interconnect to theirs. I guess on these big parcels we have an open slate and we can come in and do some really neat things. With these little parcels, the Council has to understand that there is only so many things that can be done. if this was 30.8 acres and I was coming in with a single use, I would expect the Council to have serious concerns. But this is 3.8. And this was the best use. The neighbors like it. It's a low traffic generator. I'm limiting my access. I'm using new urbanism concepts. I'm orienting all my hard surfaces on the internal -- I don't know what else that I could do to please the Council as far as trying to make this a viable, esthetically pleasing project. Nary: Well -- and I guess we will just have to agree to disagree. McKay: Okay. Nary: I do think it's across the street from two high schools; it's going to be dentists and orthodontists. I am positive it will be dentists and orthodontists, because that's what we get across from Mountain View, that's what we get across from schools now. And that's perfectly fine and there is some value to that. I'm not discounting that. But there is no attempt here to do anything else but build office buildings. If you can build ten buildings in four acres, some of them can be something else and there isn't even that and I guess that's -- that's our disagreement. If they are all just office buildings, I think it's -- it's not the intent of what to me the neighborhood centers were meant to do. They were meant to basically create a neighborhood. I don't live in a neighborhood that has ten office buildings within two blocks. I just think it's -- I think it's too much. De Weerd: Any further questions from Council? Bird: Not right now. De Weerd: Okay. Thank you, Becky. McKay: Thank you. f Meridian City Council July 93, 2004 Page 24 of 56 De Weerd: I do have two people signed up to testify. Joe Canning. Did you participate in the swearing-in process? J.Canning: Yes, I did. De Weerd: Okay. If you will just state your name and address J.Canning: Yes. Madam Mayor, Members of the Council, my name is Joe Canning, the address is 5505 West Franklin Road in Boise, and I'm here tonight representing the applicant on one of the other projects that's north of here. It should be before the Planning and Zoning Commission in a few weeks. And the only thing I really want to say is that -- I guess I'm speaking basically on that ten -acre limit in the neighborhood center. Our particular project is ten acres in size, it is mixed use, we are proposing approximately two acres of the ten to go to commercial and/or professional offices. So, I have this concern with the Comp Plan, call it, on the ten acres, and 1 just wanted to come tonight and I guess put the Council on notice that there is another one coming down the pipeline, that it has another two acres of non-residential use in it. So, that's it, unless there are any questions. De Weerd: Council, do you have any questions? Bird: I have none. De Weerd: Okay. Thank you very much. J.Canning: Thank you. De Weerd: Okay. I also have Bev Donahue. Okay, if you will just state your name and address. Donahue: Beverly Donahue at 3775 North Locust Grove Road, Meridian, Idaho. 83642. 1 just wanted to make sure you guys all got the letter that I faxed. De Weerd: Yes. Donahue. I'm for this and the people in the subdivision on the east side, Summerfield, is also for this, due to the fact we live in the neighborhood, we are the ones that are going to be shopping there, we are the ones that are going to be going and using these ten units. We feel that this would be more of an asset where we are located and that's why we are for it. We are also -- we are a little concerned about the fire station next door, which is in my letter, due to safety for number one, because if you put more housing right there, the kids are going to be running up and down the sidewalks and if there is an emergency that the fire truck has to get to, you know, I don't want to see a child get hurt, killed -- you also have people that if they are living next to a fire department, the sirens are going off, there is -- working in a medical facility myself, we have a lot of post- Meridian City Council July 13, 2004 Page 25 of 56 traumatic syndrome syndromes and I'm just a little concern, because people that buy these, I don't think they are aware of the noise and what it could do to them in their neighborhood. Thank you. De Weerd: Thank you. Is there anyone else who would like to offer testimony on this application? Okay. Hearing none, would you like to have any response, Becky? McKay: Just briefly I'd just like to state -- De Weerd: If you will just restate your name. McKay: Becky McKay. It's not very often we have a neighborhood that supports us in an application and comes out and testifies in favor. So, I was really ecstatic to have that happen at the neighborhood meeting and get praise from the neighbors and I think this is a good project. I really do. And the city is always saying, you know, we need more commercial, the tax dollars are there, the impact on our facilities and our services is less and I think this is a great project and we have incorporated all of the latest comp planning concepts we can to make this as attractive as possible and I think residential compatible office next to the suburbs is where we are heading. Out in Bridge Tower, for example, every office lot that we have platted and built has been purchased and I think what we are seeing is the price of office lots out on like Fairview, the Eagle Road corridors, it's running nine, ten, eleven, twelve dollars a square foot and so you're seeing the guy that has, you know, a three person accounting firm or someone like me, a six person planning and engineering firm, we can't afford to pay 12 dollars a square foot, so we are going out to the suburbs close to where we live, close to where our employees live, and purchasing lots like this and most of them don't generate any traffic, because they don't have a lot of people that -- you know, clients. It's more a place to work, a place that's close to your office, and -- or close to your home. Sorry. And I think that's really important. And we have been working -- for my firm, for example, we have been looking at different sites to construct an office building and we found the most centrally located site we could based on where all our employees lived and it happens to be in Meridian off of Pine, if everything goes well. So, I think this meets the goals. really really really do. I don't know if Mr. Nary would feel better if I had a Starbuck's on the corner. Maybe I would -- you could throw one in. I don't know. But that's all I have to say. Thank you. De Weerd: Thank you. Council, any further information needed? Mr. Wardle? Wardle: Madam Mayor, maybe not further information, but just, I guess, a comment on my opinion of the Comprehensive Plan and how it sits here and I think when we had approved Heritage Commons we thought we were moving closer to that -- to that goal of neighborhood centers and even -- and mixed use and I did a tour with Anna during the AIC conference where we touted that as one of our projects and talked about the office near it and how the school is near it and how those fit into our view of the Comprehensive Plan and so I guess my concern that we -- that the Comprehensive Plan constrains with the exact amount of acreage, whether that be ten acres in this Meridian City Council July 13, 2004 Page 26 of 56 case, doesn't necessarily concern me, because I think the fact that this project -- this project looks good to me, even though it doesn't include a Starbuck's. But I think -- De Weerd: It could. Wardle: But it could. I think taking into account Mrs. Donahue's comments and the fact that I agree that residential next to the -- right next to the fire station probably wouldn't work very well and the neighbors agree that office would work and so I'm not as concerned with those comprehensive constraints being set in stone, as much as they are guidelines for us to shoot for. Nary: Madam Mayor? De Weerd: Thank you. Mr. Nary. Nary: I guess so everybody understands where I'm coming from, I agree with the neighbors, I don't necessarily think this location right there -- if this worked. If this location where this is would be appropriate for residential, multi -family -- I don't necessarily agree with that. I think the neighbors are right. Most neighbors do like to have offices next to their house, because they are closed at night, they are generally low traffic and all that. So, I don't disagree with any of those things. But I guess -- and it doesn't matter to me if it's three to one, but I can't say to Mrs. McKay that this needs some commercial to have -- to create that neighborhood idea, if I don't -- if I want to tell this person or that person or that person, because, otherwise, it becomes all offices and no residential and no commercial -- no anything and it doesn't feel like a neighborhood anymore. It just feels like a strip mall of offices. So, if I don't tell Mrs. McKay that, can't tell this person that or Mr. Canning in the back row, or anybody else, because the intent to me was to have a neighborhood. This happens to be the first one and I understand that and it is small and it looks very nice, so I don't disagree with any of those things, but I don't think they are going to put a Starbuck's there, because they wouldn't be asking for this to be an office zone if this was a Starbucks, they would be asking to be a commercial and office zone. If it were commercial, I wouldn't have a problem, because there is a need for a small neighborhood commercial in this area, so that people don't have to drive down Locust Grove or north on Locust Grove to go somewhere else to get something else. But that's my intent. It's not because it looks bad or any of those things, I just think the intent of the neighborhood center was to create a neighborhood and in each of those as they develop, I would like them to create that neighborhood for us. McKay: Thank you. Canning: Madam Mayor, there was one point I forgot to mention and Mr. Nary's comments reinforced it, but part of the idea of having a little higher density residential is to, in fact, support the commercial development that's intended for those areas as well and that was part of Mr. Hood's concern in the staff report is that if this is all -- if we don't get the higher density residential developments, then, we won't have the density of Meridian City Council July 13, 2004 Page 27 of 56 people needed to eventually support the commercial core that was envisioned by these neighborhood centers as well. De Weerd: Anna, what is just to the west of that parcel? Has that been zoned or platted? Canning: This is part of Quenzer. Bird: That's Quenzer. De Weerd: Okay. Canning: And it's already been platted, it's just this map doesn't have the -- Bird: They are starting to build that, I think. Canning: Individual lots. De Weerd: And there is no stub streets -- Canning: No, there is not. De Weerd: Okay. Any further questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I think given the constraints that have been put on by surrounding neighborhoods and past actions of the Council, the concept of this being a center I agree with, but we have not really provided for it in terms of getting people out of their car and being able to access this site by bike or pedestrian. They are going to have to come to the minor arterial and get to this site and for that reason I tend to lean toward what Bill's saying, but I also see that given those constraints, this probably is a really good use in terms of limiting the amount of traffic at that access point on that facility and, actually, having something that, yes, in fact, we do have the neighbors agree with and having been on the Council previously and having Mrs. Donahue support this, that goes a long way with me, I'll tell you. Nary: That's very persuasive. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 93, 2004 Page 28 of 56 Bird: I'll put my two cents worth in. I agree with -- you know, we did plan on a center, but it is small, we didn't -- at the time we did this we didn't know we was going to have a fire station there, which I think brings a lot into the picture, and they have got Summerfield satisfied, evidently. I think it's basically about the only thing that can go in there right now and 1 agree with Mr. Nary that we can all sit here and say what's going to be there, whether it's going to be dentist's office or pediatricians or something or -- you know, which nothing wrong with that. So, I think it's a very very nice development. I wished it was a little larger, so we could be mixed use, but it isn't. De Weerd: Okay. Well, if there is no further questions for the applicant or staff, I would entertain -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we close the public hearings for Items 12, 13, and 14. Bird: 1 will second that. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 12, 13, and 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a quick question for Anna. Anna, the condition number six, is that in the CUP? Canning: Yes, sir. Wardle: Okay. I will have you help me with that when I get to that. De Weerd: Yes, sir. Wardle: Thank you. Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 12, AZ 04-010, request for annexation and zoning of Brockton Subdivision and to include all staff, applicant, and public comments. Rountree: I will second that. i. Meridian City Council July 13, 2004 Page 29 of 56 De Weerd: Too much going on, on the right of me. Okay. Item 12, there is a motion to approve AZ 04-010. Is there any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, nay. MOTION CARRIED: THREE AYES, ONE NAY. De Weerd: Okay. Item 13, Wardle: Madam Mayor, I move that we approve Item No. 13, PP 04-013, request for preliminary plat, Brockton Subdivision, to include all staff, applicant, and public comments. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 13, PP 04-013. Any further discussion? Mr. Clerk. Roll -Call. Bird, yea; Rountree, yea; Wardle, yea; Nary, nay. MOTION CARRIED. THREE AYES. ONE NAY. De Weerd: Okay. Item 14. Mr. Wardle. Wardle: Mrs. Canning, if you could, please, give me a little direction on item number six. Canning: Item number six, the second sentence should read: All future lot Owners within the development shall have access to the amenities through a recorded easement. And the third sentence should be struck. Wardle: Could you repeat that first -- I'm sorry, I was -- Canning: All future lot owners within the development shall have access to the amenities through a recorded easement. And the third sentence should be deleted. Wardle: Okay. Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve Item No. 14, CUP 04-012, Brockton Subdivision, and to change condition number six, the second sentence, to read: All future lot owners should have access to recorded amenities via easement and to strike the third sentence from that. To also include all staff, applicant, and public comments. Bird: Second. Meridian City Council July 13, 2004 Page 30 of 56 De Weerd: It's been moved and seconded to approve Item 14, CUP 04-012. Any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Public Hearing: ZOA 04-001 Request for Zoning Ordinance Amendment to allow small antennas to be mounted on existing and new light and power poles within residential, office, commercial and industrial subdivisions by Pinnacle Engineers, Inc: De Weerd: Thank you, Mr. Berg. Item 15 is a Public Hearing on VOA 04-001. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a zoning ordinance amendment request that is being brought forward not from staff, but from an applicant, and perhaps the best -- the recommendation provided to you from staff has the revised language as it came out of the Planning and Zoning Commission and I think that's probably the best place to start. The zoning ordinance amendment is fairly simple. They have added a number of definitions for the term antenna and -- but their primary request is that these antenna that would look similar to this be allowed to kind of co - locate on street lights within residential neighborhoods. Currently cell towers are prohibited in most of the residential districts. So, this would be a way -- they are small in area, less than five square feet or five square feet or less and they have asked that they be kind of considered as part of the stealth or camouflage allowances that are made for cell towers. And the Planning and Zoning Commission has recommended approval of this zoning ordinance amendment. At that hearing Dave McKinnon testified in favor of the application. There was no opposition to the application. The Commission's discussion focused on the -- primarily the areas I have talked about now, the number of -- and, then, in addition to that, the number of antennas that are likely to appear under this ordinance was discussed, kind of the question of proliferation and opportunities for co -location. There was also some discussion on the need for a license agreement with the city to place antennas on street lights that was either in there or added and whether the antenna should be allowed only on existing street lights or whether new ones should be allowed, so that they could -- they would be basically putting up a new street light for the purpose of putting an antenna on it and review process would include both Planning and Zoning and Public Works. I think staff is pretty comfortable with the zoning ordinance amendment. It gives some guidelines for staff, but it does give a lot of flexibility to both the Planning and Zoning director and the Public Works director, as far as whether or not these require a conditional use approval. And with that I will end staffs presentation. De Weerd: Thank you, Anna. Since there were all kinds of side conversations going on, did you catch that, Council? Meridian City Council July 13, 2004 Page 39 of 56 Bird: Yes, we did. De Weerd: I do have someone signed up here named Boy Scout. Bird: Boy Sprout. De Weerd: Boy Scout. You must be him? McKinnon: Will Berg, actually, asked me to sign in that way. Dave McKinnon, 735 South Crosstimber. Mayor and Council, as you remember, back in the cold bitter days of winter 1 came to you with these little antennas and said we want to do these on towers. It was in a pre -Council meeting. And you said it looks like it's a good idea, let's go for it, go ahead and submit for it. Now it's the hottest day of summer so far and we are here back in front of you. Anna did a really good job explaining what this is. We had a long conversation with the Planning and Zoning Commission, they asked for a license agreement statement to be placed in there. We have added that as part of the revisions that you have in front of you. We have worked with -- actually, Bill's not here. 1 talked to Bill Nichols about the license agreement and he said it's something that can be worked out with the city and the applicant. The need for Public Works and Planning and Zoning to review this has been added to the revised report that you have in front of you and for the antennas to be allowed only on existing street lights and new ones. We have added the language to allow for new streetlights to be included. During that conversation we talked about the fact that the police department and most residential neighborhoods would rather have more lights than have less lights in the residential neighborhoods, especially in the older neighborhoods of Meridian where the street lighting is not adequate right now and so there wasn't an objection from the police department and staff felt that was a good thing. This is really what we are talking about tonight, an array of these, basically six of these mounted in a circular pattern, placed on top of a streetlight, and that's what you would have for wireless internet connectivity. It's not a cell tower per se, but for wireless internet. This is an antenna and that's why we have got the new definitions for antennas. These can be placed on the streetlights. One of these can be placed on a house to receive that and wireless communication for internet can pass from the house to this router and, then, on to be able to get to the internet. That's what we are asking for tonight. It's basically a simple request for the zoning ordinance to be amended to allow that to happen, because under current ordinances this would not be allowed in a residential district and we'd ask for your approval tonight. De Weerd: I did see you carrying a dish. Bird: Yeah. What's -- De Weerd: What's with that? Meridian City Council July 13, 2004 Page 32 of 66 McKinnon: What's the dish? What's with that? If the range for this is too far away from the one site, this would have to be mounted to that. We are primarily talking about an array of these. This is something that also could be mounted to a house, just like you see for satellite dishes, in case the sight distance to the array -- or this to be a relay station is too far, so there is a possibility for some of these larger parabolic dishes, but they are still under the five feet in size. De Weerd: I don't mind seeing that on a house, but on a streetlight, that's a little different. Bird: Pull that up so we can take a look at it. De Weerd: That's on my house. It looks like you took it out of my backyard. Bird: For your TV? McKinnon: Okay. Wardle: Would that be placed on the street -light, Dave, or the house? McKinnon: There is a possibility for this to be placed on a streetlight. More than likely this would be placed on a house for the sight distance to get to that pole that has this for the router. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yeah. I heard you say it was less than five feet in diameter, is that what you said? McKinnon: Five square feet. Nary: Right. But the parabolic dish definition doesn't have any foot size in it, it just says a parabolic -- this is what an antenna is and one of them is a parabolic dish antenna. McKinnon: That's correct, Councilman Nary, but it says further in the rest of the ordinance that the antennas would be allowed only if they were under five feet in size. And so the antenna definition for parabolic dishes includes parabolic dishes that are much larger than this. It does describe the antenna. The limiting factor for these to be placed on those would be the size. They would be limited to less than five feet in size. Nary: Okay. So, that could be on top of a pole and -- but there is still language that the planning director could decide if it was still -- McKinnon: That's correct. Meridian City Council/ July 13, 2004 Page 33 of 56 Nary: -- hidden enough. McKinnon: And the Public Works director as well. De Weerd: Well, how big is that? McKinnon: That's just about four feet. Canning: Foursquare feet. McKinnon: That's correct. Canning: We need to get a correct term in there. Bird: Square feet. That's not no four foot diameter. McKinnon: That's four square feet. De Weerd: Okay. Any further questions? Nary: Didn't you write the ordinance the way it was already? McKinnon: I did write the ordinance that way it was, without anticipating that this change would be needed. Nary: We seemed to like it the way it was. Bird: We passed it. McKinnon: Yeah. We got it through. De Weerd: Okay. Thank you very much. McKinnon: Thank you. De Weerd: This is a Public Hearing. Is there anyone else who would like to provide testimony on this application? Hearing none, Council, do you need any further information from the applicant or for staff before you close the Public Hearing? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: One more question, Mr. McKinnon. One of the things I recall in the previous discussion we had about this was the intent for stealth was to make it look like the pole. Now, some of the light poles I know that have these towers on them, they look odd, S Meridian City Council July 13, 2004 Page 34 of 56 because the light's, you know, ten feet below where the antenna actually is on the pole, but they all match the pole. I mean they are all black and the pole is black or whatever. Can that -- is that intended with these types of antennas? McKinnon: No. And the reason why -- I guess it's a two -fold answer to that question. This is small enough that we don't believe that it would interfere. It's not something that stands ten feet above in a cylindrical case; it's something that's small enough that it would be stealth in and of itself, because of the small size of that. Nary: Yeah, but you said there is six of them. McKinnon: Six in an array. It's about this big around. Nary: So, it's a big halo on top of a light pole is what I'm thinking and if you have got a black light pole and six of those, it doesn't seem very stealth -like to me. McKinnon: I'd prefer the term small halo to a big halo. Nary: Of course you do, but -- so, no, they can't necessarily be made to match the pole? McKinnon: This is just a plastic area and these can be painted to match. Nary: Okay. Same thing with that thing? McKinnon: Sure. Nary: So, if we inserted language that said they had to match the pole to be considered to be stealth, that would be okay? McKinnon: That would be fine. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Along that same fine of questioning, how do you propose to make an array of those -- a halo of those consistent with some of the period type architectural type light poles that we have in some of the higher end, even middle level neighborhood? McKinnon: The decorative light features -- that's, again, why we have the discretion of the Planning and Zoning Commission -- or the Planning and Zoning director to be able to make that call. It's something we discussed quite a bit at the Planning and Zoning level where we said these aren't intended to go on decorative light fixtures. Typically in those types of neighborhoods you have the taller 35 -foot lights at the entrance and once you get inside from there they have the decorative light fixtures. These are not intended to go on those. Meridian City Council July 13, 2004 Page 35 of 56 De Weerd: I guess as someone with a light pole in my front yard, you know, I would hope that I would be consulted by the planning staff before something -- I wouldn't want that in my front yard, because it is in my front yard, and it would look -- I like halos, but I don't think I'd want that in my front yard. So, you know, as far as a neighborhood, I guess, I would like the assurance that when those decisions are made the neighbors are consulted or if it is in someone's front yard, that that person does have something to say about it, especially the dish. I wouldn't want that. McKinnon: Like I said, if the smaller arrays can be placed on, there won't be a need for the larger dishes. It's just this is a distance. It's a -- right now this is a line -of -sight product and if the distance gets too far away from that, then, these are needed, but right now these are planned to go into the newer neighborhoods where they are expecting and they are advertising for the wireless internet connectivity and that's the area this would start in. It wouldn't start for those other smaller neighbors right now, but if there is a demand for that that would move forward in the future. De Weerd: Who maintains them? McKinnon: The owner of the -- De Weerd: So, if they are painted, they will keep them painted? McKinnon: Yes. De Weerd: And if there is ever an issue with that pole, would you share in the cost of that repair? McKinnon: The license agreement typically handles that. It's very similar to a license agreement that you'd see with Ada County Highway District, where you have landscaping in their right of way you're required to maintain that in such a manner that ACHD or the public allows that to be -- I guess just to make it properly maintained. De Weerd: Okay. McKinnon: And the license agreement could spell that out. De Weerd: Council, any questions? Bird: Yeah, Madam Mayor, I got a question. De Weerd: Mr. Bird, Bird: Is there any percentage of what has to have that bigger hanger put up over just the little ones? Is there any percent? Fifty percent or what -- Meridian City Council July 13, 2004 Page 36 of 56 Canning: Madam Mayor, Members of the Council, while Dave is conferring with his applicant, I did want to point out that the definition for stealth addresses some of those issues. I was looking for any reference to the paint. It should probably be in the definition of stealth tower and it has the including, but not limited to, and we may want to put similar paint to the utility pole that it's on. It talks about making use of utility poles, but it doesn't address color and paint. That might be the appropriate place for that change. McKinnon: It sounds like I missed something while I was conferring, but the need for these dishes -- this is what we intend to have is this. It's not for those. There is maybe a possibility for that. As far as a percentage, the percentage would be very low for these, because this is what we intend and this is what the client wants to have. It's better for them to utilize these than those and so as a percentage goes this would be a very low percentage use compared to these. They don't have this product in Idaho right now and it's hard for me to say right now this is exactly what the percentage would be, but the intention is to use these. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. McKinnon, I'm looking -- 1 think Mrs. Canning pointed out that probably we would need to -- if we were to approve this ordinance, we'd also need to amend 11-22-3 and the definitions of stealth to include that the appearance of the product -- the appearance of these antennas would have to be of the same like texture and color of the pole they were attached to, so that they did blend into it and they couldn't put any advertising on it. Would that be problematic? McKinnon: No. Nary: Okay. But I also look at 11-22-4, camouflage tower review -- now, unless there is a different spot for it -- in there it says stealth, hidden, or otherwise camouflaged cell tower shall be reviewed by the Planning and Zoning director to determine if a conditional use permit shall be required, stealth or otherwise hidden tower shall not exceed the height limitation of the zone for which it is located. McKinnon: Okay. Councilman Nary, are you reading from the recommendation from the Planning and Zoning Commission? Nary: No. I'm reading from the city code. McKinnon: Okay. It's been modified. Nary: Okay. To give notice to the neighbors? Meridian City Council July 13, 2004 Page 37 of 56 McKinnon: No. What you just read -- I was trying to following along. I have got a copy of 11-22-4B that you were just reading, as modified by the P&Z Commission at our hearing. Nary: Oh, I see. McKinnon: And it read much different than that. It said camouflage tower and antenna review, stealth and hidden or otherwise camouflaged cell towers and new antennas that are less than five square feet in area, can be mounted onto existing poles, buildings, towers, et cetera, or street lights, shall be reviewed by the Planning and Zoning director and Public Works director and their designees. Nary: Thank you. The certificate of zoning compliance process, Mrs. Canning, is that providing notice to neighbors? Canning: No. We could make that -- if that's the desire of the Council, we could make that an accessory use. The accessory use process does notify neighbors. The question becomes what do we do if they complain, similar to the fence ordinance. We probably need to think a little bit more about it if we are making an accessory use as to what we do if one of the neighbors does complain. Nary: Because that would be my concern. I mean I would assume most of these are going to be in neighborhoods, mostly, because that's who's using wireless networks, so -- but if it is outside someone's -- you know, right next to their driveway, they may have more of a concern if it looks like that thing, instead of those little things, and at least they'd want to see at -- or at least have some notice of what it is before they do that, so what do you think about that? McKinnon: Madam Mayor, Councilman Nary, the Planning and Zoning director has the discretion, if it's the Council's wish, that all of the parabolic dishes would be required to have the neighborhood, you know, notification and that the smaller antennas not be required to do that. That's something that can be directed directly to the Planning and Zoning director and those ones would come back to you, not just as a certificate of zoning compliance, but, rather, through the CUP process. And through the CUP process all neighbors within 300 feet would be notified. And that's the way that 22-4 was modified to read is either through the CZC or the Conditional Use Permit process at the discretion of the Planning and Zoning director. De Weerd: I don't know, Mr. McKinnon -- I guess I look at our street and all of the streetlights are very visible. If you go into our older neighborhoods where you have some cover by trees, street trees or anything else, they are not so noticeable, but all I can envision is the halo on top of the street light in front of my yard and when you drive down that road, that's going to be the first thing you see, because that -- I already don't like that street light right there, but I live with it, but to have a halo that's going to even draw more attention to it, I know I would like the opportunity to comment. But, you know I guess, my point is -- but, you know, I guess when someone has that visibility in their Meridian City Council July 13, 2004 Page 38 of 56 front yard, that -- and it can detract from their home, they should have the ability to know that something is going to change and I guess that's my biggest concern. Yes, I appreciate your comment on the dish, but I do think 12 -- or six of those in a halo effect, will change the appearance of that street light and I believe that the neighbors do deserve to know that that has a possibility of happening, but I don't even have a vote, so -- Mr. Wardle. Wardle: Madam Mayor, just a comment about the use of what is currently Kind of a utilitarian sort of street light, which is needed in the neighborhoods to create some business opportunities is something we are talking about and while I do agree that many of the neighbors in Meridian would certainly like to comment on your dish on any of their poles, I think that our Planning and Zoning director and Public Works staff have fairly good judgment and would utilize that when approving any of these other types of things with our direction. So, I like the use, because I think the end product is a service for those neighbors within the community, but we do need to be sensitive to the overall visual effect to our city. De Weerd: And I agree with you and I know our staff has good judgment. That's not my concern. As a citizen I would like the opportunity to comment and as a taxpayer who pays for those lights and maintains those lights, if you're going to put a business venture on top of them and it is in my front yard, I would like the ability to comment on that. So, I -- and I don't -- I don't doubt the judgment of our staff on this, I just -- 1 just think that the public has -- should have an opportunity to make a comment and that's -- I won't say anymore on that. Nary: Madam Mayor? De Weerd: Mr, Nary. Nary: I guess for me, Dave, I would only be supportive of what you're proposing with the language that was amended if we included an amendment to the stealth definition that required it match the pole and that we change the section for 11-22-5-A-2 that you have already asked to amend and allow the new antennas that are less than five square feet in area that are already in the existing zones with a certificate of zoning compliance, R- 15, R-40, CA and OT, and that the R-2, three, four, and eight all require a CUP, because I don't -- I don't know what the neighbors will care and if you do this for awhile and no one cares and we send out notices and nobody cares, then, maybe we would look to amend it again. But I don't know. We specifically left those out when we created this ordinance, because of our concerns about neighborhoods and how they would look and what the appearance would be and that's why we left them in the more -- the non- residential areas, even though there are a couple of residential ones -- R-15 and R -40s are generally larger, more commercialized kinds of areas of town. So, at least for me I think I can only support it if that was further amended that all of those residential zones, two, three, four, and eight, required CUPs. So, at least I'd know the neighbors had notice and if they don't care, then, they don't care, but at least 1'd know they had some opportunity to comment. Meridian City Council July 13, 2004 Page 39 of 56 Canning: Madam Mayor, Members of the Council, one other option might be, if this is acceptable, is we could ask them to submit a letter of consent from any -- all property owners within 50 -- a 50 mile -- or 50 foot radius. That would get those that are primarily affected. Right now we do 300 -foot radius, which seems a bit excessive for a streetlight, maybe. So, if we did everybody within 50 -foot radius or 100 -foot radius, they just had to get approval. If they can't get the approval, they can move onto the next one. Then, at least there is some certainty on their part, they just know they have got to find these places or if they can't find them, maybe it's a conditional use process, if they can't get approval -- consent from the owners that are -- adjoin that. It's something to consider, anyway, rather than making all of them go through a CU process. Nary: I guess my concern would be the same, though, as what the Mayor's previously stated. You know, if 1 live in a subdivision and I have got to drive by it every day and I live one house over, I guess I stili feel like I should be able to comment and I know there has got to be a line somewhere. But, currently, without any changes to our ordinance, it's either the immediate property owner or 300 feet. We don't really have a lot of variation in where the noticing requirements are, but -- so, to me, without changing a lot more ordinances to make that for this particular one, I guess I'd just rather go with the larger and if we find -- like I said anecdotally that nobody seems to complain and we have sent them out three or four times and we have done this a bunch and no one cares, maybe it would make more sense to amend it. But without knowing, we specifically left those out for a reason and this was the reason that I remember. McKinnon: Madam Mayor, Members of the Council, Commissioner Nary -- Councilman Nary. Commissioner, I think, at the time that we went through this. Just a couple comments. One, to address what you have hit on, Tammy and you, Bill, are the issues that -- I have lived in Meridian for about three and a half years now and I can tell you 1 can count on my hand -- one hand how many times I have looked at a street light and said that's a really ugly street light. 1 very seldom find myself driving along saying I don't like that street light, that's something that I'm annoyed by with that street light or see structures on a street light that would annoy me, because I'm typically not viewing up, I'm looking I guess horizontally across the plane. I know in your case, Mayor, you have a street light that you don't like and I can understand that, but typically some of the things that you're looking at, these aren't at eye level, these are not things that you typically see as you're driving, you will see them -- they are up and you would have to view up to see them and so it's not typically something that's in your eye view. To address the issue of whether or not they should be allowed in the R-2, R-3, R-4, and R- 9, one of the major reasons that we have went away from there is to stay away from the cell towers and these aren't cell towers, these are something much smaller than that. They are basically taking the existing street light and having an 18 inch tall projection to the top of that street light and I have no problem agreeing to the changes that you have made, Councilman Nary, about the -- adding the stealth language, that they have to be painted and match in texture type of thing. No problem with that. I think that I do like the idea that Anna had about you're requiring the neighborhood, but if we deal with a CUP for every antenna, it comes to a point of how many antennas are we going to allow Meridian City Council July 13, 2004 Page 40 of 56 under one Conditional Use Permit. Is it for the whole neighborhood or is it every individual pole that would require a Conditional Use Permit? If we are trying to do a neighborhood such as Tuscany Lakes and you have to do several poles, that's a very large number of people you would have to contact within 300 feet for every single one of those poles and that's that many conditional use permits that you would have coming in front of you and going through the Planning and Zoning Commission process and the City Council would have the hearings for that on each one and I think that you using the discretion of staff would lessen the load on you, rather than having to have everything come back to -- having to come to you and the Planning and Zoning Commission. I think what we tried to accommodate with the Planning and Zoning Commission was to allow them to come to you if the planning director felt that it was necessary that they should come to you and they would cause a problem. De Weerd: I guess it's one thing in an existing residential subdivision versus a new subdivision, so when they purchase that home, they know -- they already know what it looks like and there are grades -- I mean not all houses are at the same grade as the sidewalk and so, you know -- and in my case we sit above and so it is a lot more noticeable and I'm sure this is not unique, it's probably more common. So, it's going to be different in an existing residential subdivision. Mr. Rountree. Rountree: In your crafting this ordinance and thinking of the use of the antenna, not the antenna itself, you talk about a license agreement with the city. Did the applicant contemplate a fee structure associated with that license agreement, similar to franchise fees? McKinnon: To pay for that, yes, that is something we have discussed and they could enter into. Rountree: Okay. De Weerd: Does that need defined in an ordinance? Rountree: I think so. Bird: We have to draw up a franchise agreement. Canning: Madam Mayor, Members of the Council, maybe Mrs. Holinka can help me out. I would think that the franchise agreement could follow. It would still be something that the Council would decide upon, but I'm not sure it needs to be spelled out in the zoning ordinance. We don't usually see those specifics in the zoning ordinance. De Weerd: I guess 1 would defer that to the city attorney for response. Holinka: Madam Mayor, Members of the Council, I think Anna is right with that, I mean I think you could -- if it's something that has to be approved by the Council, the license Meridian City Council July 13, 2004 Page 41 of 56 agreement has to be approved, then, you're approving the fee anyway, so I don't think it needs to be a separate ordinance. De Weerd: Okay. Any further questions or comments from Council? McKinnon: Thank you, Mayor, Members of the Council. De Weerd: Thank you. Okay. is there anyone else who would like to offer testimony in this application? Okay. Any further comments from staff or the applicant? Council, what would you like to do? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item 15. Bird: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion or motion? Rountree: Madam Mayor, just -- De Weerd: Mr. Rountree. Rountree: -- for discussion purposes, given some of the unknowns associated with the discussion we have had and the ordinance, I'm not inclined to act favorably on this request at this point. I'm concerned about the points that you mentioned, Mayor, in terms of public notification and the difficulty of individuals who have ownership of these particular lights in their yards or in their neighborhoods seeing these things occur without notice and without an opportunity to have a say. In addition, the point that Anna brought up that what do we do if we get a complaint. That's not spoken to. So, 1 think there is some issues here that we need to deal with, as well as I believe that if there is going to be some kind of a fee associated with this, it should be mentioned in the ordinance, not necessarily the structure, but the fact that that's our intent. De Weerd: Any other comments? Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council July 13, 2004 Page 42 of 56 Nary: I would agree with Councilmember Rountree. I mean I think there is some work -- I think we can get there, I think there is just some work to get there, because I do -- to me you may say this is a small halo on a small pole, but it looks to me like a smaller version of large cell towers that have these big halos on the top of them. It's the same thing, it's just a smaller version of it, and -- but I guess I'm maybe looking to Planning and Zoning for some direction on whether you want us to simply defer or to -- I guess, Mr. McKinnon, on whether to defer this and work on this some more -- I think there is some ways to get there, I just think there needs some better definitions in some things, rather than us simply taking action on it tonight. Canning: Madam Mayor, Councilmember -- or President Nary, I think that the discussions we have had today are really good and I think if I could talk with the applicant, that I think we could come up with some language to address your concerns. You have closed the Public Hearing, if you want to defer it; I think you would need to open that -- the hearing back up again, so that we could defer it, rather than making a motion one way or another tonight. But if you could give us a few weeks, we could probably come up with some revised language. De Weerd: Okay. I would entertain a motion to open the Public Hearing with direction on -- oh; I guess we would, then, have a motion. Bird: To continue it. Yeah. Wardle: So moved. Nary: Second. Rountree: Second. De Weerd: It's been moved to reopen the Public Hearing on Item 15. 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 continue Item No. 15 to August 17th. Is that enough time? Canning: Sure. Wardle: August 17th, 2004. Nary: Second. Meridian City Council July 13, 2004 Page 43 of 56 De Weerd: 1 have a motion to continue this item to August 17th, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: PP 04-014 Request for Preliminary Plat approval of 8 commercial building lots on 6.9 acres in an I -L zone for Reagan Subdivision by Quadrant Consulting, Inc. — east of North Eagle Road and south of East Presidential Drive: De Weerd: Thank you. Item 16 is a Public Hearing on PP 04-014. 1 will open this Public Hearing with staff comments. Canning: Moving forward. This is a request for eight commercial building lots on 6.9 acres. This is off of -- it runs between Presidential Drive and Pine Avenue as shown on the vicinity map, just south of the Crossroads shopping center and west of the Crossroads Subdivision, the residential portion. This is, actually, portions of a former subdivision. This is the aerial. You can see the shaded parts where the -- portions of the subdivision that have already come in for certificates of zoning compliance. There is -- the Ram restaurant is going on one lot and a bank is going on the other. This subdivision takes those remainder properties and re -subdivides them. It's difficult to see the lot layout. Basically, the applicant is requesting for a number of fairly narrow lots, the idea being that it affords them some opportunities for lot line adjustments or combining properties as their applicants come in. This is one way that this applicant has found for dealing with that struggle that we have on these commercial properties on how exactly big to make the lots before you know who wants to buy it. This is what they have proposed. We don't have a site plan, do we? I apologize for that. I didn't realize that as 1 was reviewing the proposal. There is a common drive aisle -- I guess you can see it here -- that comes through and connects Presidential to Pine Street and, then, there will be -- it's just a drive aisle, though. There is no parking to the side of it, so it's a restricted drive aisle. There will be a separate drive aisle with parking for -- in this area, with the buildings being located either to the side or to the rear. And, likewise, over here I believe there is a separate parking area and drive aisle. So, this will just be a drive aisle that does connect the two roads. There is the light now at Pine Street for those of us who don't like to take our lives in our hands trying to make the left-hand turn onto Eagle Road any longer. So, it does provide that interconnection of the commercial properties to the light. In the former subdivision that created these lots, there were several variances given to them and those variances have continued. One was for the Eagle Road landscape buffer. The second one was to put that landscape buffer in a common lot. And the third was to reduce the minimum buffer width between incompatible land uses from 25 feet to 20 feet and that was on this -- this eastern property boundary. So, those continue with the subdivision and this subdivision is consistent with those. Variances do run with the land, not with the prior application, so that was appropriate for them to be able to make use of those variances. This does Meridian City Council July 13, 2004 Page 44 of 56 come forward with a recommendation for approval from the Planning and Zoning Commission. Chuck Christensen from Quadrant Consulting representing ABCZ, Limited Liability Corporation, testified in favor of the application. He stated that he was in agreement with all of the staff recommended conditions, except item number 15 regarding the cross -access easement and perhaps he can speak further to that today. The key Commission additions or modifications -- oh, I'm sorry -- were that the cross - access was -- the requirement was put in there in error and they should be deleted. So, that has been done. So, with that there are no outstanding issues before the City Council. I did notice in the recommendations that instead of ABCZ, LLC, the Recommendations -- the first page, number two, has ABCZ, so that will need to be changed on the findings from -- to ABCZ. And with that I will end staffs presentation. De Weerd: Any questions for staff at this time? Bird: I have nothing, Mayor. De Weerd: Okay. Is the applicant here? Please state your name and address. Simons: Madam Mayor, Members of the Council, I'm Andy Simons with ABCZ, LLC. There was a mistake on that in the documents. P.O. Box 15407, Boise, Idaho. We are the owners of the property. I would like to correct for the record that it is ABC2. Other than that, we have no problem with any of the staff recommendations and I'll answer any questions you have. De Weerd: That was easy. Any questions for the applicant? Outside of the name? Nary: Actually, it says ABC2 everywhere else on the document. De Weerd: Okay. Thank you, Andy. Simons: Okay. Thanks. De Weerd: Is there anyone who would like to provide testimony on this application? Council, this is a Public Hearing. Mr. Wardle. Wardle: Madam Mayor, not seeing anyone else want to testify, I move that we close the Public Hearing on Item No. 16. Bird: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? Meridian City Council July 13, 2004 Page 45 of 56 De Weerd: Mr. Bird. Bird: I move that we approve PP 04-014, Reagan Subdivision by Quadrant Consulting, Incorporated, ABC2, owners, and to incorporate all staff and applicant comments. Wardle: Second. De Weerd: It's been moved and seconded to approve Item 16. Is there any further discussion? Mr. Clerk, will you call roll. Roll -Gail: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 17: Re -Adoption of Ordinance No. 04-1074 : AZ 03-018 Request for annexation and zoning of 43.86 +1- acres from RT to C -G zones for Kissler 1 Cobbs 1 Eagy I Ruwe by BRS Architects --- southwest corner and southeast corner of North Eagle Road and East Ustick Road: De Weerd: Thank you. Item 17 is the re -adoption of Ordinance No. 04-1074 for AZ 03- 018. Mr. Clerk, will you, please, read this item by title only. Nary: Madam Mayor, before he does that, maybe I missed it. Why are we doing this? Rountree: Why are we re -adopting adopted. De Weerd: I believe that there was a change made to the ordinance. Nary: Oh. Bird: Owners, Nary: Like in the legal description? Holinka: Madam Mayor, Members of the Council, I believe there was an incorrect legal description in the original and so that has been corrected now and, thus, the need to readopt the ordinance. De Weerd: Thank you. Nary: Thank you. Berg: Thank you, Madam Mayor, Members of the Council. And this was on the advice of the city attorney to do it in this order, so that there is some order of how we are doing a few things at the end of the meeting, but it was connected at who needed to be i Meridian City Council July 13, 2004 Page 46 of 56 annexed before somebody else and this is the first step. 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, and 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 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 53-2215. De Weerd: Thank you, Mr. Clerk. You have heard Item 17 by title only. Is there anyone who would like to hear it read in it entirety? Seeing none, Council, I would entertain a motion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I move we approve Ordinance No. 04-1074 for the Kissler/Cobbs/Eagy/Ruwe Subdivision. Rountree. Second. De Weerd: It's been moved and seconded to approve Item 17. Is there any further discussion? Mr. Clerk, will you call role. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 18: Ordinance No. I AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Kissler (Dealt/ Parcel) by BRS Architects — southeast corner of East Ustick Road and North Eagle Road: De Weerd: Item 18, Ordinance 04-1088 for AZ 03-022. Mr. Clerk, will you, please, read this ordinance by title only. Meridian City Council July 13, 2004 Page 47 of 56 Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1088, an Ordinance finding that James A. Kissler, the owner of certain real property generally located immediately east of the Kissler annexation 18 acre parcel near the southeast corner of the intersection of Eagle Road, State Highway 55 and Ustick Road in Meridian, Idaho, to be known as Kissler 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 Districts (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. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Hearing none, Council, I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance No. 04-1088, with suspension of rules. Bird: Second. De Weerd: It's been moved and seconded to approve Item 18, 04-1088. Is there any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 19: Findings of Fact and Conclusions of Law for Approval: AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square by Smith Brighton — northeast corner of North Eagle Road and East Ustick Road: De Weerd: Thank you. Item 19 is the Findings of Facts and Conclusions of Law for AZ 04-009. Council, do I have a motion to approve? Nary: Madam Mayor? Meridian City Council July 13, 2004 Page 48 of 56 De Weerd: Mr. Nary. Nary: I'd move the approval of the Findings of Facts and Conclusions of Law and Decision and Order for AZ 04-009 for Market Square by Smith -Brighton. Wardle: Second. De Weerd: It's been moved and seconded to approve Item 19. Is there any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 20: Development Agreement: AZ 04-009 Request for Annexation and 6.93 acres from RUT to C -G zone for Zoning - 3 northeast corner of North Eagle Road andrEas East ket by Smith Brighton g Ustick Road: De Weerd: Item No. 20 is the development agreement for AZ 04-009 for Market Square. I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd move that we approve Item 20, development agreement for AZ 04-009. Bird: Second. De Weerd: It's been moved and seconded to approve Item 20. Hearing no further discussion, Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. AZ 04-009 Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market S uare by Smith Brighton — northeast corner of North Eagle Road and East Ustick Road: Item 22: Ordinance No. AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to 1-L, L -O, and C -G zones for proposed McNelis Subdivision by Falcon Creek, LLC — northwest corner of North Ten Mlle Road and West Ustick Road: Meridian City Council July 13, 2004 Page 49 of 56 De Weerd: Thank you. Items 21 and 22 are ordinances -- are Ordinances 04-1089 and 04-1090. Mr. Clerk, will you read these two ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1089, an Ordinance finding that Cavin, Inc., the owner of certain real property generally located on the northeast corner of the intersection of Ustick Road and Eagle Road, State Highway 55, immediately north of the proposed Kissier/Cobbs/Eagy/Rowe annexation and west of the Providence Place Subdivision in Township 4 North, Range 1 East, Section 33, Meridian, Idaho, to be known as Market Square 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 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. Berg: I have got one more ordinance, Madam Mayor. De Weerd: Oh, I'm sorry. Berg: I'm sorry. Ordinance No. 04-1090, an Ordinance finding that Falcon Creek, LLC, the owner of real property generally located on the northwest corner of Ustick Road and Ten Mile Road, within Section 34, Township 4 North, Range 1 West, Meridian, Idaho, to be known as McNelis Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Limited Office District (L -O), General Retail and Service Commercial District (C -G), and Light Industrial District (I -L) 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. You have heard the readings of Ordinance 04-1089 and 04-1090 by title only. Is there anyone who would like to hear it read in its entirety? Meridian City Council July 13, 2004 Page 50 of 56 Thank you for not saying yes. Okay. Council, I would entertain a motion to approve these two ordinances. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: 1 move that we approve Item No. 21, Ordinance No. 04-1089 and Item No. 22, Ordinance No. 04-1090, with suspension of rules. Bird: Second. De Weerd: It's been moved and seconded to approve Items 21 and 22 by -- ordinances as stated. Mr. Clerk, will you, please, call roll. Roll -Cali: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. It's very rare that we still have people remaining in this room. Do either of you need to address the Council? Okay. Thank you. Council, there is just a couple of items. At our joint meeting with ACHD on Monday, we talked about the North Meridian Pian and the need to pull together a group to come up on the transportation element of that and I was hoping to have someone indicate an interest in serving on that and would accept any volunteers from Council. Don't a[] jump at once. know you're all scrambling to get involved. Bird: I think we need to get the young buck on it. Nary: Mr. Rountree, I guess that's you. Rountree: Yes, I might have to do that. I might if it wasn't bordered by Chinden and Eagle. Bird: He couldn't do it. That young buck down there could. Wardle: This happened last time we needed a volunteer. It's someone else's turn. De Weerd: Mr. Bird, would you like to be involved? You were the Council member who was on during this process, so probably would be most appropriate. Bird: Yeah, I will do it. De Weerd: Okay. Thank you. Bird: Find out when I need to meet. Meridian City Council July 13, 2004 Page 51 of 56 De Weerd: We will give the other Council members an opportunity to get involved in this next item. I did get an e-mail from Craig Hood, who is starting the process of annexation of Vienna Woods and Edinburgh Place Subdivisions and he will be -- he has been in contact with officials of the homeowners associations and has set a date of July 21st as the date to meet with them. Councilman Nary has volunteered to attend that meeting. I will be traveling to Rexburg to make a presentation to the Governor's Council on our community block grant and I think it would be appropriate if we had one other Council member there to represent the city. Rountree: When is it? De Weerd: It is July 21 st at -- from 6:00 to 8:00 p.m. Bird. This is Vienna Woods and -- De Weerd: Edinburgh. Bird: -- Edinburgh. Nary: I'm already going. Bird: Call me and remind me. Nary: All right. Bird: Then, the next day I'm out of here. De Weerd: Okay. Well, I appreciate that. Just two more items. I do have a request from Jay Schweitzer with ACRD. They are in the process of forming a neighborhood advisory committee and they are asking -- the advisory committee will represent the interest of communities and neighborhoods by focusing on neighborhood -related programs, processes, and issues as it affects ACHD and he is asking that we appoint two to three representatives from our city to serve on that committee. Bird: Great. De Weerd: And I would like names, if you have someone that you know that would like to get involved, I do need to get those names to ACHD by the 16th, by the end of the week, and so I would appreciate any names that you have to forward on. Rountree: I have no names to offer at this time, but I would suggest that we have somebody from our transportation committee. We have someone who has been active with safe routes to schools that would be two areas I would recommend that we get people from. I don't know names of individuals that have done that, if you do support those nominations. Meridian City Council July 13, 2004 Page 52 of 56 De Weerd: Anna, are you familiar with anyone who has been involved in the safe routes to schools project? I don't know if Meridian School District has been really active in that. Canning: I'm not aware of anyone on the safe routes to school with the school district. Rountree: Then, possibly, somebody from the police department that's working with pedestrian safety and sort of thing. De Weerd: Perhaps someone from the traffic safety committee. Rountree: Traffic safety committee. Bird. That meets tomorrow. The traffic safety committee meets tomorrow. Musser: Captain John Overton is currently assigned to the traffic safety committee and he has been working on it and we do have representation as well with our traffic officers coming to the meetings quite often. I'm not aware of a need or -- this is the first I have heard of it, anyway, to have a representative, but we can get somebody assigned and in conjunction with that on our trails and pathways, which is kind of a tie, we have Sergeant Fewkes has volunteered to step forward and participate with parks and the parks commission on that, too, so that might be a good tie-in for him as well where those pathways and some of the safe crossings and things might have a natural tie in. De Weerd: Well, let me get you a copy of this letter that you can give to Captain Overton to take to the meeting tomorrow and I don't see why we could not have and make sure of citizens and staff to attend, but I would ask that you get me a name that's appropriate by Thursday, the end of the day Thursday, so I can get these names to ACHD on Friday. Musser: Okay. I can do that for you, Madam Mayor. De Weerd: Okay. So, Will, if I can get a copy of this for the chief. And I will find one of our citizen volunteers in our transportation. We do have a couple on the ACHD citizen advisory committee and we do have a couple on the transportation task force itself and I will look at our applications and see if there is someone who has indicated that kind of interest in their letter of interest. So, I appreciate those ideas. I guess, finally, the Dr. Frielick plan. I did get a copy of this packet out to all of you yesterday. I'm sure with the budget and all of that you have not had too much opportunity to really view this. It will be up again for discussion at Compass and a new resolution for the Compass board members to adopt. We are entering into those areas of where this is going to be put into motion and so I guess next week I would like to have an opportunity to field any questions at a pre -Council type of agenda item of any concerns, questions, further information that you might need as we move forward with this. Bird: Madam Mayor, isn't it on the 19th's docket for Compass? Meridian City Council July 13, 2004 Page 53 of 56 De Weerd: Yeah. And that's next Monday. Bird: Yes. Next Monday. De Weerd: We would need to know on the resolution, but I think we need to just firm up -- our City Attorney Nichols did give us an accounting of where he thinks we are and probably we need to just have a discussion on this. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: Members of the Council, I had -- that was my husband, by the way. He never looked at me the whole time. Bird: He didn't want to embarrass you. Canning: I didn't know if Shaun knew. Or Charlie. One thing for you to consider as you read that, because the one thing, that stuck out to me was, I am not sure that the plan part of that is really necessary. There is two components to the Frielick proposal. One is the plan and one is the implementing ordinances and as he came and talked to us, it was really the implementing ordinances that we talked about and, yet, the bulk of the funds go to this plan and I'm not sure that we couldn't use the existing Compass plan and our existing Comprehensive Plans to satisfy his need for a plan and it's kind of like rewriting the Comprehensive Plan, so that you can rewrite the zoning ordinances, but, then, going back and doing the Comprehensive Pian again. I just -- there is no reason you can't just write the zoning ordinance and, then, go back and change the Comp Plan afterwards. So, that was my major comment on that and that would knock the price tag considerably, one would think, and speed things up also. De Weerd: I guess, Anna, 1 think that -- and that's a good idea. There are a couple of comprehensive plans that probably need updating, that he needs to tie altogether, so there is a process of tying all of those plans together as a region, instead as all separate plans, and that might be what that is about. I admit that our attorney attended the last couple and Councilman Nary has attended one and I think I have attended one. So, I really don't know how some of that is. Canning: And having participated on the Compass selection team for the 2030 plan, I mean it was -- most of that money is going toward this fantastic public participation program and I'm concerned that Freilich may come in and kind of wear everybody out on the public participation end and, then, the real pian that we are paying for, the million dollar plan, is everybody is going to be burned out and not want to participate and will be confused as to why they did this two years ago and I have concerns about that, because it is very confusing. Meridian City Council July 13, 2004 Page 54 of 56 De Weerd: I do know they have to work concurrently together. There is certain elements in the landings part that needs to be done within a short time frame and they will both need to be done in 18 months. They have to be done concurrently, as I understand it. Maybe Councilman Nary can add further to that. Nary: Well, I guess my perspective is is this train is on the track ready to go and we are, really, essentially -- I think we are buying a place at the table to see what it looks like at the other end. I mean this is an 800,000 dollar study and we are having a pretty small piece of that pie to basically be a part of the development of it. I think you have raised some very legitimate points. I think the intent of the group at the meetings I have been at is to really try to work together, try to find a comprehensive way countywide to have some -- I guess better planning. I don't think that we have bad planning, so I don't know that necessarily the City of Meridian needs better planning, but I don't think it's a very expensive price tag in relation to what we may get. We may get something and not think we really got our money's worth, but I never know that. But from the outside, 1 think the intent of all the different entities is to really try to cooperatively work together to create something for a countywide type of look. They know at the other end of it none of the cities may like it, none of the cities may buy into it. It's Ada County Highway -- my opinion is it's Ada County Highway District's attempt to get out of the planning business, but support planning efforts. They have said that a couple of time, that they were directed very strongly not to be a planning agency and they are trying not to be, but they want to support planning efforts, because it relates so closely to what they do. So, I think that's really what it is. They know at the end none of the cities may adopt any of the ordinances that are recommended. They may not adopt any of the changes that are recommended, but they don't think that's likely to happen. They think people are going to like what they get. I mean that's -- 1 guess to address your comments, I think that's just kind of the reality of what this is. It's an attempt to -- I think by all the entities in this county to work together to find some ways to address some of the concerns and at least be able to say we tried to find better solutions than what we have come up with individually, so for whatever that's worth. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have stated the same concerns that Anna has stated in terms of this dual activity occurring in sequence wearing out the public and confusion it's going to create. I stili have that concern and have not been convinced by any of the scopes of work so far that there has been a melding of those two activities. With respect to Dr. Frielick's proposal, I don't get a sense that whatever anybody proposes to do to reduce the cost of it, that the cost will be anything less than 800,000. 1 kind of picked that up yesterday with what ACHD said is that, you know, it's that or nothing, but he wants to do it, because it's going to be a showcase, well -- Bird: He's going to do it without making any profit. i Meridian City Council July 13, 2004 Page 55 of 56 Rountree: The other point I would make is Bill says the train is ready to go. Yesterday we learned that -- and if my math was correct, we got something on the order of 60 to 70 thousand dollars worth of contribution identified. With our 15,000, that would be 85,000 dollars worth of -- De Weerd: Thirty thousand. Bird: Thirty thousand. Rountree: Thirty thousand? Okay. So, we have got -- we have got about 100,000 dollars worth of cost identified. That's a little bit short and I don't hear anybody, including ACRD, willing to pony up more than about, you know, 50, 60 thousand dollars at a pop and there is -- we are a long ways from that 800,000 -dollar number. So, I really don't know if it is going to get going. It kind of depends on what the City of Boise wants to do, I guess, because they are the big money people in Ada County. Nary: I think in the budget hearings in Boise I think they set aside like 75,000 dollars for this. Bird: Is that all? Nary: So, I mean we are buying a ticket on this train, but we are not sitting in the front. Rountree: But nobody is. Bird: Nobody has stepped to the table yet. Rountree: Nobody's bought that first class ticket yet. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I understood from Mr. Price at ACHD yesterday -- and Shaun I think was still there when this was -- they are looking for a private individual that's going to divvy up a lot, but, boy, I haven't seen any of those developers running out with an open checkbook. I'm like Charlie, I think they are going to have a hard time coming up with 800,000 dollars. Wardle: Well -- and just to add to that comment -- and I can't remember which meeting I was at, whether it was the Compass meeting, but the indication from a representative was Dr. Freilich would take something to get going. Bird: A hundred and fifty. Meridian City Council July 13, 2004 Page 56 of 56 Wardle: It was at Compass at 150 to get going and, then, I guess just act on faith that the rest was there and so -- Rountree: You can buy his book for 89.95, so whatever -- Canning: Mayor, thank you for letting me -- I appreciate your letting me comment. I just -- since I had read the thing and it was about planning, I do appreciate being able to join in the discussion. It may have been inappropriate, but thank you. De Weerd: I guess that's the flavor of the night, but I think like Councilman Nary said, it is moving forward, but there are lingering doubts and I just don't know where we are going with it. We do have all the materials that have been collected from the previous meetings that Bill Nichols gave us and maybe we should have a discussion next week, just even in -- after seeing what the action is at Compass and we can let you know kind of where things are at and see where we are going with our expensive ticket. Bird: I think they are going to have a hard time raising it. I don't know where it's going to step up at. De Weerd: Well, we are entering the end. I would entertain a motion to adjourn, if there is any -- Rountree: So moved. Wardle: 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 9:40 P.M. (TAPE ON FILE THESE PROCEEDINGS) OF 0 � MAYOR TAM WEERD DATE APPROVED `tigililllliPlFFI/f ATTEST: BE L WILLIAM G. BERG, J , CITY C--�.E 9 z August 27, 2004 MERIDIAN CITY COUNCIL MEETING August 31, 2004 APPLICANT ITEM NO. 5-A REQUEST Approve minutes of July 13, 2004 City Council Special Budget Workshop Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed• COMMENTS Date: Phone: 131u11 uunulb. Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Special Budget Workshop July 13, 2004 The Special Budget Workshop of the Meridian City Council was called to order at 5:15 A.M. on July 13, 2004, by Mayor Tammy de Weerd. Item 1. Roll -call Attendance: X * Charlie Rountree X Bill Nary X Shaun Wardle X Keith Bird X Mayor Tammy de Weerd * Arrived at 2:00 p.m. Nary: Okay, on our schedule starting as our first presentation is Parks, but I didn't know — Ms. Kilchenmann did you want any short, little overview before we get started or did you want to wait till your sections? I know it's not on here, but I didn't know if you wanted some intro? Kilchenmann: Yeah, we passed out a few changes that happened. There were — like including — Nary: Can you turn that on? Kilchenmann: Okay. I gave you — as I told you before I gave you the revenue presentation. I am not going to do that orally, but I just gave it to you to look at some of the graphs and some of the revenue directions and then there have been a few changes in the summary, so that's why Reta gave you new summaries and we had like the Historical Commission came in at the last minute, so there was some slight changes for them and we had change in the upgrade amount for utility billing that I will talk about when I do my section. So, everybody is just ready to come and do their presentation to you and I think everyone knows we are going to try and get through it today. So, Pubic Works said they will be here a little early too to start their presentation in the afternoon. So, that's all I have to start with. Parks and Recreation Nary: Thank you. The first department up then is the Parks Department. Mr. Strong. Strong: Good morning Madam Mayor and Members of the Council. I appreciate the opportunity to go first today. This is a good time of day, at least for me to be here because I am usually awake at this time of day, so I appreciate that. The way — I hope that you have had the opportunity to look through your budget book and have at least some initial understanding of what we are requesting in the Parks and Recreation Department. To facilitate that I would just like to make Meridian City Council Special Budget Workshop July 13, 2004 The Special Budget Workshop of the Meridian City Council was called to order at 8:15 A.M. on July 13, 2004, by Mayor Tammy de Weerd. Item 9. Roll -call Attendance: X * Charlie Rountree X Bill Nary X Shaun Wardle X Keith Bird X Mayor Tammy de Weerd * Arrived at 2:00 p.m. Nary: Okay, on our schedule starting as our first presentation is Parks, but didn't know — Ms. Kilchenmann did you want any short, little overview before we get started or did you want to wait till your sections? I know it's not on here, but I didn't know if you wanted some intro? Kilchenmann: Yeah, we passed out a few changes that happened. There were — like including — Nary: Can you turn that on? Kilchenmann: Okay. 1 gave you — as I told you before I gave you the revenue presentation. I am not going to do that orally, but I just gave it to you to look at some of the graphs and some of the revenue directions and then there have been a few changes in the summary, so that's why Reta gave you new summaries and we had like the Historical Commission came in at the last minute, so there was some slight changes for them and we had change in the upgrade amount for utility billing that I will talk about when I do my section. So, everybody is just ready to come and do their presentation to you and l think everyone knows we are going to try and get through it today. So, Pubic Works said they will be here a little early too to start their presentation in the afternoon. So, that's all I have to start with. Parks and Recreation Nary: Thank you. The first department up then is the Parks Department. Mr. Strong. Strong: Good morning Madam Mayor and Members of the Council. 1 appreciate the opportunity to go first today. This is a good time of day, at least for me to be here because I am usually awake at this time of day, so I appreciate that. The way — I hope that you have had the opportunity to look through your budget book and have at least some initial understanding of what we are requesting in the Parks and Recreation Department. To facilitate that I would just like to make Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 2 of 156 some brief comments about our general fund request and our impact fee request just as points of clarification and then, of course, stand for questions and have administrative staff here to answer anything that I can't, so we can get through this quickly. First of all, general funded requests on — and I want to talk about these in the priority order that they are listed, so that we can represent at least the review by Commission and department staff, which we are in agreement that the priority for these requests are as listed. That first position under general fund request is the recreation supervisor position. This is a request for a full-time professional position in recreation in the department. The intent is to establish a full-time, professional focus on recreation activities offered to the citizens of the community. The position would absorb an existing position, the Adults Sport's Coordinator position and a four -month -time office position if funded and what this would provide is coverage in the office from roughly noon or 1:00 in the afternoon through the evening hours to cover evening sport activities and possibly keep our office open until, say, 6:00 during periods of time when people are registering for programs and need to get in after work to do so. It will provide a little bit different coverage. The important aspect of requesting a full-time professional position is that it brings professional focus to areas of recreation programming that currently have been met by part-time individuals who typically hold other jobs and are fitting their responsibilities into their day. This would be necessary to help grow the recreation services to the community and since we are reaching a population of about 50,000 residents, it seems timely to do so. We anticipate the recreation program revenue would increase as well by bringing new programs to the City and we are looking at least initially such activities as three on three volleyball, basketball tournaments and Park's Children Fun Days, after school programs and no -school day programs that would be offered and from there grow to other needed areas of recreation service. The next item in the general fund request are the Grounds Keeper reclassification. It is to just simply reclassify grounds keepers who have been through training and a classification increase based on training certifications. Then we came to the decision of looking at additional grounds keeping staff based on what we anticipate for additional park acreage being added in the next year, we decided that we would request two part time positions rather than look at another full time position. Primarily, because we feel that at least at this time that our full time positions that we carry through the winter months are adequate for the entire year, however our workload increases dramatically during the summer months. We anticipate an increase in acreage next summer that would require some additional coverage out in the parks. The anticipated additional acreage includes 23 acres at Settler's Park for Meridian Youth Baseball 1 Softball. We're anticipating grounds to keep at Champion Park a neighborhood park off Ustick Road near Eagle that we're in partnership with the developer to create. Kiwanis Park should have grass sometime early spring next summer -- or early summer. That would — that's a nine -acre additional coverage. Then depending on the outcome of Final Plat on Autumn Faire Crossing and deed of that seven acre part to the city we could be in Phase 1 development of the Autumn Faire Park a seven acre park in the Autumn Faire Development. We're certainly anticipating additional acreage that we would Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 3 of 156 need coverage for. When we skip down in the priority list to the summer camp staff, I'm requesting that that line be deleted. Based on this years participation in our summer camp program it doesn't look like the numbers merit increasing that program offering at least in the next fiscal year. I would like to have that line deleted. That was anticipated growth in the program. We can take up to 75 children in the sections that we have currently. This would be adding another section of 75 additional children at another site. The numbers just don't merit that at this point. Skipping to the {inaudible} just wanted to explain because of the additional acreage that we're anticipating in park additions this next summer we're anticipating the need for another mower. This is a 72 -inch mower the type that you sit on top of that's highly maneuverable and has typically a good service life. Then the last item that I would like to talk about in general fund is the utility vehicle ball field groomer just for explanation. What we're looking for there is something like the mules that we currently use in the park or Cushman if you're familiar with that brand name that we would use as a utility vehicle to move around through the park and pick up garbage and do work throughout the park that we could also add a hydraulic ball field groomer to the back of the vehicle to groom ball fields. We don't have anything of this type right now and we think it would be a good addition. You see on your request form that we initially were looking at two we have deleted one. We think that with one we could move it from field to field as needed. This one would be primarily kept at Bear Creek Park. Currently since we've opened Bear Creek Park as a utility vehicle we're using an old electric golf cart to get around the park there, which is marginal as far as the use in the park. That's the general fund. The impact fee just to go through what we're looking for there just real briefly. Adventure Island Playground, this request was created at a time when we had applied for a Land and Water Conservation Fund Grant. This is for Phase 2 of the Adventure Island Playground the zero depth water feature in the playground. We sensor that our grant request was not funded and in looking at keeping this request in or not we've decided to keep the request for the $50,000 for Adventure Island Playground hoping that it will entice either donations for that Phase 2 feature of the park or be matched for any other grant opportunities that we can come up with during the course of the year. It would leave at least — this is 50 percent of what it would cost to do Phase 2. Typically grants require some type of matching portion if we go after a grant. The Settler's Park Meridian Youth Baseball request is for operating expenditures that we're anticipating as Meridian Youth Baseball completes that 23 acres on the west side of Settler's Park in preparation for the regional baseball tournament that they've been granted for July of next year. There are basic operating expenditures that go along with that. We need to add picnic tables, trashcan receptacles, and drinking fountains, complete landscaping with trees and so forth. It's an anticipation of actually completing that portion of the park in preparation for that tournament. The Kiwanis Park request is for installation — purchase and installation of a playground at the park. A portion of those funds would come from the recycle fund I understand. The Borup property is the 30 acres west of town that's still basically an undeveloped piece of property that was used for the first time last year by the Lion's Club Rodeo. In moving i. Meridian City Council specialBudget Workshop Meeting July 13, 2004 Page 4 of 156 forward in development of that property for future use it was also slated for the ice rink, which I think the status of that particular project, is questionable at this point. We need to look at it as what do we do with this undeveloped piece of property to keep it moving ahead for it lies in the county. This year again, we'll be pursuing a temporary use permit to hold the Lions Club Rodeo there in anticipation of looking for a Conditional Use Permit with the county there are some issues that we need to take care of at the property prior to looking for any additional funding for further development like parking lot, access and that. You'll see some requests for some basic maintenance item operation funds for payment of irrigation taxes and some basic weed control maintenance issues at the property. We need to improve access into the property at least some minimal way. We hope to secure a road easement through a neighboring property Mr. Anderson's property, which would come off of McDermott Road and clarify some boundary issues at the property. At this point, the corner stakes for the property actually fall within Mr. Anderson's barn, which isn't a very good thing to have happen. We need — in negotiation for the easement and clarifying the boundary issues to get that straightened out before we move further along with applying for a Conditional Use Permit. At Bear Creek Park we anticipate — look at adding a shelter to the park, which would be another source of revenue for shelter reservations. Other than the possibility of somewhere in the future adding a tennis court to Bear Creek Park, which has been discussed essentially, complete the amenities at that park. With the Champion Park development starting to build out our agreement with the developer was to look at developing that six -acre neighborhood park in 2005. That's the reason this request for Champion Park development is in this budget item. It's a six -acre park it will be participation with a developer for the completion of the park. New this year and we may have discussion is the request to create a land purchase account and have identified $200,000 to go into an account that would start a savings account essentially for future land purchases. The way that this was conceived when we looked at what was funded last year when we completed the final acreage purchase at the Borup property it came to just under $200,000 out of the impact fee dollars spent. It seemed like a good balance from year to year to look at dollars that we're either using to buy a park or that we set aside to buy a park out of the total impact fee dollars that we collect in revenue. This would also create an account that individuals that want to donate for land purchases could donate to an account of this type. I'm requesting a creation of an account for land purchase. A small request for master planning of the southeast corner of Meridian Settler's Park which is the last portion of the — well next to the last portion of Settler's Park that's not yet master planned or developed. There will be a small acreage between Meridian Youth Baseball and Adventure Island Playground that has not been developed yet either and we can include that portion of the park in this master planning process. This is where the old house and the red barn sit on that corner of the property. There have been suggestions I think from the past that this would make a good area for a farmers market or something of that type. At a minimum we would like to at least find a way to maintain kind of the agricultural heritage of that property in that area of town whether it's a farmers market or Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 5 of 156 something else. We would like to begin a master plan process on that portion of the park to complete that 56 -acre development. Autumn Faire Park has been — at least since I've been here has been much discussed as a city owned park. We still do not have a deed to that property and we're hoping that that will change in the next few weeks as the Final Plat goes through for Autumn Faire Crossing. At that point we should have deed to the property. We have money in this years budget to master plan it. In next years budget we would like to at least do the first phase of the development of that park. We do not have any participation in this particular project from a developer or a partnership with anybody to develop that seven -acre neighborhood park. At this point it looks like it would be completely developed by the city unless we can generate a partnership or some kind of an agreement with the developer. Lastly, some improvements to the Black Stone Pathway this is a requested project from the neighborhood association in that development to do some landscaping improvements along the pathway through the Black Stone development that connects up to the pathway that goes into Fuller Park. What we're looking at is doing some improvements to add irrigation so we can plant some minimal plant material on the pathway. It would also make it easier to maintain the borders of the pathway. We have not done very much of this at this point so this is kind of exploring whether this is a practical way to improve the area along pathways for future maintenance. That is kind of a very brief summary of what we're looking at. I would stand for questions and discussion. Bird: Mr. President. Nary: Mr. Bird. Bird: I have a couple of questions on the pathway the Black Stone pathway. That's on the south side of the ditch there isn't it Doug or is that on the north? Huff: South -- or I'm sorry north. Strong: North side of the ditch. Bird: It runs into the little path that they've already got there that runs with Fuller yes. Okay. Huff: Next to Western Ada's. Bird: Then I've got a question on the Bear Creek utility vehicles. $15,200 sounds awful high to me for a mule. I'd almost think that we could buy a couple of little used S -10's or something like that to get around out there and probably do everything at where you could have both of them for about a third of that cost. I don't know how many hours you would put on those in a years time but I don't think it's very many. Would you have any idea what kind of hours you would put on a machine like that? Meridian City Council 5peciai Budget Workshop Meeting July 13, 2004 Page 6 of 156 Strong: They're used daily. I don't know do we have hour meters on anything that we — Huff: Yes they have hour meters on them. We'll use them everyday. Bird: Yes but I mean you're not using them eight hours a day. 0MUE►91 Bird: One hour out of the day? Huff: Oh a couple hours or more depending on what we're doing. It varies a little bit. They would be used on ball fields especially during the summer so they get a couple of hours a day on that plus any other usage in the park. Strong: A difference to point out with this perhaps is that rather than like an S-10 pickup the smaller utility vehicles we need a turning radius to do ball field maintenance versus just to get around and pickup garbage. It would be a combination. Bird: I realize that. Strong: The hydraulic field groomer is about a $2,000 add on so that adds to the cost. Nary: Mr. Strong I heard you say that part of the playground equipment I think you said for Kiwanis Park was partly going to be funded with SSC's dollars? Strong: That's what I understand has been proposed. Nary: Well SSC's I didn't know if they wanted to also offer some input before we get into more details questions about all of your enhancements. Or maybe Ms. Kilchenmann would speak for them. Sanitary Service Kilchenmann: I should have introduced them first but they would like to follow Doug and do a little presentation on what they're asking for. Apparently there was some misunderstanding or so forth about the recycle money. There are actually three requests. Two of the requests because the fund has built up money and then Tom used it to purchase recycle equipment. There was some miscommunication misunderstanding about how he — if he communicated with the committee. We took two of those requests out of fund balance. On your general fund summary you will see where we just added revenue to offset those two requests. One of the requests is new based on how much money they will f Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 7 o€156 earn. They have earned this year and will earn in the future. When Doug is finished they would like to talk to you a little bit about what their committee is doing, what their requests are and the direction they would like to go. De Weerd: Mr. President. Nary: Madam Mayor. De Weerd: It probably would be appropriate for them to do this before so they can get on their merry little way and we can — if that would be appropriate. Nary: Certainly. Strong: Let them jump in now? Nary: I assume you have better places to be. Kilchenmann: No they were really excited. They wanted to spend the whole day here. Bird: They wanted to stay here all day and listen to us. Sedlacek: Can we talk during the Police Department thing too? Bird: Sure if you're going to donate about a couple million. Sedlacek: Thank you for this time. We've never been to a budget hearing before so we're not really sure how this works. I guess I would start out by saying Nancy Slanaker is the chairman of the committee. This isn't SSC's money it's the city's money. We as a committee as a solid waste committee are just trying to figure out what our role is. In the past the money has been spent on the Bear Creek playground equipment and the Storey Park equipment and that's great. However you want to spend the money it is yours to spend. I guess Bill Nichols simply wants it spent on recycling projects throughout the city. De Weerd: Mr. Chairman. Nary: Madam Mayor. De Weerd: I'm sorry Steve to interrupt you but I think it would be helpful to kind of give a general overview in terms of the recycling program itself first. The recycling use has not decreased. It's contrary to some of the articles that have come out on how America is not recycling as much anymore that Meridian continues to recycle and it's because of these efforts. I'll make a presentation for you. If you could kind of give a general overview and then we can go into your requests. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 8 of 156 Sedlacek: The way the recycling program works is obviously put out every week and we collect it. The revenue from that comes back to Sanitary Services. We pay — we reimburse our household hazardous waste contractor from that money and the net proceeds go to the city. Currently you're receiving about $2500 a month based on participation and fluctuating commodity prices that goes into some fund. I don't know where that is. Kilchenmann: A point of clarification. We have separated that now so that it's in it's own fund. We're getting you a copy of the revenue and expenditures from that fund that we'll hand out to you. Sedlacek: I think there has been — frankly our committee has miscommunicated with people in the past. We're not really sure — again we're struggling with our role in life as we — Nary: Aren't we all. Sedlacek: But we've had some great discussions with Doug about maybe setting up some sort of a grant program to take this money or for some process for people to apply to get the money that we can — so we can act as a reviewer and then come to you with suggestions. Again, recycling is increasing in Meridian. We're looking at about 70 percent participation month in and month out. Basically, what fluctuates — the weights fluctuate through seasonally and also the commodity prices fluctuate. The numbers that you end up with net at the end of the month and we give you a check every month goes up and down a little bit. Do you want to talk about how much money might be in that fund or maybe Stacy's probably got those numbers? Kilchenmann: Yes she's getting it. Slanaker: Well while we're waiting I'll talk about — we have three requests that have come to our committee at this point. Up until now we've just been letting this money accumulate in the fund. Then in the past there have been two expenditures that have paid for like we said the playground equipment at Storey Park and Bear Creek. One of those we knew about and one of those we didn't so we were a little shocked last year when we thought we had about $30,000 in our account and found out that it was missing. We are now getting involved in this process so that we can kind of get things on the budget slate so that we know where the money is going to go in the next fiscal year. I'm glad that we're here because I think we're all getting a little tighter hold on this. When this committee was first put together we really didn't know how long it was going to last and how many years ago was that Steve? I don't know three or for. We thought it was just going to be for like a year to get the recycling programmer to look at solid waste issues and here we are four years later, we're still meeting and this thing is actually growing. We're excited to be part of this process. Right Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 9 of 156 now we have three budget requests on our slate. We've budgeted them out at around $45,000 to be spent next year in your budget cycle. $15,000 has been requested by the Kiwanis Group or for Kiwanis Park to purchase playground equipment. $10,000 has been requested by Western Ada Recreation to pay for recycled picnic tables and other recycled products for Fuller Park and Meridian Athletic Roundtable Association has requested $20,000 to build new bleachers which will be made out of either recycled aluminum or trucks material. One requirement that we have placed on all these requests is that we are asking for these particular groups to match the funds that we will be giving them. We're not just going to give 20 or $15,000 and off they go. We are asking these groups to actually put some money on the table themselves either in matching money or in labor or other types of investment. That's a total of $45,000 and we have budgeted that by the end of the fiscal year '05 there should be about $54,000 in the recycling account. There would be enough money to pay for these three projects. We're certainly open to take other requests. As community groups understand how this process works and understands that this money is available I'm sure we will get other requests. We've talked about doing teacher education. If somebody wants to put together a recycling program or curriculum for the elementary schools we think that would be great. We've also talked about maybe paying for some billboards or some promotional materials to promote our recycling program. The possibilities really here are endless. There are other areas where this money could be spent but it all has to be to promote recycling or to use recycled products. Post consumer -recycled products in whatever we're purchasing picnic tables, playground equipment park benches trashcans whatever. Sedlacek: The other two requirements to get the money that we suggest to you. It's your choice whether or not to accept that is not only the one to one match but also a sign on the project like we have at Storey Park that says this playground equipment is made of so many pop bottles. We have to make the connection with residents that when they recycle these things happen in the city. The more that you put out the more stuff you are going to get the better the city is going to be. We have to make that connection. Secondly, we do want to have a certain percentage of post consumer recyclables in every project. I think the number we set was about 25 percent. You can't just throw in one pop bottle and call her good kind of thing. Again those are guidelines we suggest to you. I think there's a discussion we need to have probably separate from a budget hearing about the solid waste committee and your expectations of us and how we interact with you guys. These three requests that we suggested we gave to Stacy. She has put them in the budget. They are — I have no idea what line item they are or where they sit. I'm sure Doug knows that stuff. De Weerd: We know. Sedlacek: Okay so that's what we — that's how we got where we're at. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 10 of 156 Nary: What I would suggest I guess for the future is that we have that similar discussion maybe at a Pre -Council Meeting and maybe the solid waste committee would have that type of proposal that the Council could then review and maybe consider adopting as policy so that you have some framework going forward as to how that's supposed to work. Some sort of community reinvestment is a wonderful idea 1 think to have and just having some standards as to how that applies makes perfect sense. De Weerd: Mr. President. Nary: Madam Mayor. De Weerd: 1 do believe we need to have it at a Pre -Council. We do need to update their ordinance so they have more structure. I think it expired. It was a temporary committee and we do need it put back on the table as far as that. Also, thank you Will. I met with Steve and Bill last week and found it very interesting. I think when — there was an article in the paper about nationwide recycling has reduced in the participation. We had discussed that and also discussed why the separate you know plastics and cans and that sort of thing. It's all very interesting that I would love the committee to come back and talk about the program and why we do things the way we do it. I think as faces change up here we need to be reeducated and re -motivated. I would also suggest that part of the criteria for applying for these funds are that they are — their group is active in recycling. I know Kiwanis has a newspaper -recycling program so that they can show that they're also participating in that. The message 1 think to our citizens is you know this is at commodity prices. It's not — our recycling program is not to make a profit. Because of the ups and flows of the commodity prices that when it does we can see the benefits of being more environmental friendly and reducing the amount of what goes to the landfill but also that it can benefit our community in these kinds of amenities that you add. We appreciate your effort. Sediacek: The City of Meridian's recycling program is unique in that the commodity money comes back to the city. All the other cities in this county they go back to the waste hauler. There is a disconnect there. The more they recycle the more money the waste hauler makes which in terms of completing that loop and getting the money back into the city into projects this city has done it right. I'll just throw that out. Bird: That's because we got the best waste hauler. Sedlacek: There you go. Wardle: Mr. President. Nary: Mr. Wardle. r Meridian City Council speciai Budget Workshop Meeting July 93, 2004 Page 99 of 956 Wardle: Just to move this along and to thank everyone on the recycling committee for their efforts. Seeing the budget request the Fuller Park equipment even though Fuller Park is a community park it is not a city park. In my mind that $10,000 is well spent because it is essentially a matching fund for that. That was the one question that I had from the committee is since that isn't a city park how would that work but you've answered my question there. Sedlacek: I believe what we were hearing there is 12 recycled picnic tables they were hoping to purchase which is about $8,000 so that number might — the $10,000 number might be high. How they match — I'm not sure does this mean then that they have to put $8,000 worth of labor or stuff in or do they have to pay $4,000 to this $8,000 bili. I don't know how that works in the budgeting process. Anyway, I'll — Slanaker: And it's new to us so we may have to iron things out for next year too. Kilchenmann: Because they're not a city property that would be something you would have to work out with that park. We would just write a check for the amount and you would have to work out an agreement with them on how they were going to match. De Weerd: That's a committee thing. Sedlacek: There's the administrative issue of who checks that the stuff is recycled material and who checks that they've spent the money on the right stuff. Kilchenmann: Well accounting of course we know so much about recycling. De Weerd: Your committee. Bird: Well in organizations like Western Ada or tax entities anyway they go under the same audit that we do. MARA has a yearly audit too so it's all you have to do is ask — and when you give out money you should. I think Nancy said right there that we need to set a criteria of who gets it and how we distribute it. I think it's fantastic I'm just really pleased that we — that they feel fit to give $45,000 this year. Within the community it's really a big help. Sedlacek: Thank you. De Weerd: Thanks. Parks Department Nary: Other questions for Mr. Strong. Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 12 of 156 Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I have some and if we could just begin part of the discussion. Doug could you define a little clearer the goals of the recreation supervisor position? Strong: Actually we have a position description if that would help that we can provide to everyone. That might clarify this position further. De Weerd: Doug I guess while we wait for that you had mentioned that this would eliminate several part time positions? Strong: Yes what we intend to do is absorb — we currently have an adult sports coordinator position that the individual that's in that position also teaches school during the school year. Then works evenings at basketball, volleyball and things like that. That position would be absorbed and then — you might notice on our request that we requested that the four-month office assistant position be made a 92 -month office assistant position. Unless this position was funded full time then we would drop that one out. De Weerd: So what is the savings in your budget. You have — you know if you look at your position sheet what does that — what absorbs into this position. Because 1 didn't see in the summary sheet an offsetting cost or even on your enhancement sheet. It mentioned it but it didn't say how much is currently in the budget that would offset this expense. Nary: I think the basic question is is how much of the bottom line is this position going to cost. Does it cost $48,000 1 think that's what the number was or does it really cost less than that because we're going to absorb these other positions? Strong: It would cost less than that. De Weerd: How much? Nary: if I'm summarizing it correctly. De Weerd: You did. Kilchenmann: The savings is $4900 the bottom line savings. Strong: Is that the — Bird: That's what we're paying for the part time guy now? Kilchenmann: Yes. Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 13 of 156 Strong: We have a four-month office assistant position that's in the summer months that fills in and then the adult sports coordinator position would be the two. De Weerd: Doug on this sheet who is that? It has names on here. (Inaudible discussion amongst Council) Strong: There's a position on here that has no name (inaudible). Cunningham: Doug actually that's just rolled up. That's all those positions because you guys were — you were talking about realigning money. I just took and rolled all those positions into one as far as a line item. The $10,000 is for all four positions. De Weerd: Okay so it's the $10,400 approximately? Cunningham: The savings? De Weerd: Yes. Cunningham: No I understood that the savings would just be $4,921. If you go to that enhancement Number 1 the E 101 form it actually shows that they would drop out $4400 for adult sports coordinator and then with taxes it would be a savings of $4,921. You see that second column where it has a negative amount? That would actually be the savings in the current budget. Strong: That doesn't include the four-month office assistant though. Cunningham: No I was only the impression that it was the adult sports coordinator that it would eliminate. Strong: Our proposal was to also — we have a four-month office assistant position that we're requesting move to a 12 -month position. If this position is funded then we wouldn't request that. We wouldn't have a four-month office assistant position either. Cunningham: Okay so we could take that one into consideration? Strong: So there would be an additional savings there. Cunningham: Okay I'll get with you afterwards Doug and we'll go through it and redo the savings. De Weerd: Thank you. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 14 of 156 Wardle: Mr. President. Nary: Mr. Wardle. Wardle: And just to continue on until we get those numbers. I think the overall scope of that is we're rolling some positions in but we're also enhancing the recreation program for the City of Meridian. With the offset of the summer camp, which I think is a good deletion until we can prove that the program will self - sustain, and support itself I'm comfortable with that. I have a couple of questions as far as the enhancements. One of them and I'm just going to throw this out for discussion on expenditures of the impact fees. Before I get to that the one thing I don't see on here is the Lochsa Falls Park and partnership that we have with PAL. We have, as I understand from Doug what's the dollar figure in this year's current budget that we still are holding until they're ready Doug? Strong: I believe that amount is somewhere around $160,000 for master planning and initial construction. Just to clarify we have a proposed agreement right now that will come before the commission on Wednesday night that if that agreement goes through as it's proposed we would be involved in paying for the master planning for the park and whatever is left over from that some initial construction. That's in this year's budget to do that. Wardle: And my question for the Council is given PAL's recent situation and I do not have an update but I do know that their current field is unavailable and our neighbor to the north has expressed some concern with a new place for them to play. While we have the money in the master plan to master plan it I'm not sure what it would take to get that park up and running by I'm not sure what the timeline would be but I'll just throw that out for discussion. De Weerd: Our neighbor to the north is what? Wardle: Has had some concerns over their proposed — Eagle didn't like where they were going to put their new site. De Weerd: Eagle doesn't like where they're putting it in Meridian? Wardle: No, no. Nary: They're not at the corner of Fairview and Eagle. Wardle: They're not at the corner of Fairview and Eagle anymore. They had a proposed park north of Eagle where they were going to put a temporary field. The neighbors had concerns and the city had concerns so they're still looking for a place — as I understand they're stili looking for a place to play. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 15 of 156 De Weerd: I thought they were going south of Amity off of Eagle. Bird: Anyway. Mr. President. Nary: Mr. Bird. Bird: I have some things to address on that particular thing. Now you say you have $160,000 for master planning that? Strong: Master planning and underground utility work to create the initial phases into that 30 -acre parcel. Bird: Anyway. Strong: Maybe this is a point of clarification — Bird: And what is the — I mean you've got a thing -- how soon can PAL get on it? When are we going to see some of PAL's — these partnerships they aren't really partnerships. We don't see any money. It's like the Adventure Land. I think all the money that's been received has been through us. I can guarantee you that when that baseball field at Storey Park was built the city didn't put a penny in that. The partnership built the thing and still does. Where are these partnerships? I guarantee you Boise don't spend a lot of money on the optimist fields, other than the original purchase. They have got to come up to the table, too. Strong: Well, that's a lot of the reason that there is no money in this year's budget request for PAL because we have money that we still have unspent in this year's budget for master planning and we are moving toward an agreement with them and in the agreement they are proposing that they do the utility work. They said it was easier for them to get people to donate toward the actual construction elements of a park verses the master planning of the park. With other partnerships, like Meridian Youth Baseball, they found it was easy to get people to step up and do the master planning construction documents for their particular agreements, so trying to balance with each partner what it takes to get it moving to kind of get it rolling along, kind of like seed money, but I hear what you are saying. We have to decide when to draw the line as far as what we are going to put in as far as the city contribution to a project and when the partnership needs to come up with the funds. Bird: And follow up, please. Nary: Certainly, Mr. Bird. Bird: Doug, I agree with you 100 percent there. If they don't come forward — I mean we need to develop the park with grass and stuff and everything, so we do i Meridian City Council 5peciai Budget Workshop Meeting July 13, 2004 Page 16 of 156 it but they have no exclusive rights to it because they don't have partnership. You know, these people are — sure, I am for helping in all we can, but there are too many places out there that need to be helped that they are going to have to start helping us a little bit. I am just floored that the deal — why do we budget it -- (Tape turned over). Bird: -- (inaudible). Strong: $150,000. Bird: $150,000? Strong: A $100,000 of that I think was initially identified for the soft fall material. The $50,000 that was budgeted in the last year's budget will buy concrete and block wall and the initial work that needs to be done in phase one. Bird: Do you have any idea how much they have got raised? Strong: They have over, I think, $30,000 in cash and then the rest is in kind construction, labor and it's a considerable amount of money when everything is put together. De Weerd: About $500,000, isn't it? Strong: I think they have over $300,000. 1 think for the first phase they wanted $500,000. They are not quite there yet. Some of their fundraising efforts in this year have fallen considerably shorter of where they wanted to be. That's why in that request I thought the $50,000 if it stayed there for Adventure Island could be used for seed money or incentive for other donators and I think that there is some utility in that because that project does get considerable focus. It's been on the table for what, four years now? If we don't get moving along pretty soon, the interest in it is going to die in the project and then we won't get it finished. There is some immediacy that is kind of important there. De Weerd:' Doug, are they moving forward with the community build at the end of the summary? Strong: That is still on the table. There is worry now whether it will be ready for the community build, but — De Weerd: Is their donated laborers still not done? Strong: We up the ante on that a week ago and actually have some firm commitments now from different contractors that have said they would do the work and hadn't completed it because contractors are busy. But, we got them to Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 17 of 156 commit to specific dates that look like we can move it toward that August 28th community build date. We are still, at this point, planning for that community build date. The part of that that will be a little bit of a juggle is that the last thing to go in kind of like carpet in a house is the soft fall material. So, we need to make sure that if we push it along to get it ready for the community build that we have enough money to put the soft fall material down. So, we'd like to have phase one completed. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Thank you, Doug and just to follow up the article in the Statesman (inaudible) for you talked about PAL at Hubbard Lane in Eagle and so, not south of Eagle Road, but we are proposing a development on Hubbard Lane. I can certainly ask the Parks Department to bring a little more information on that. 1 have a couple of other questions and one of them was the Adventure Island Playground for $50,000 and the fact that we — that in the past that had been allocated for matching funds for grant, which we have not received and so why I think it's a project that's worth while, certainly it merits a little bit of discussion as to whether we want to allocate that dollar figure because that dollar figure was a matching fund in the past. Bird: Mr. President. Nary: Mr. Bird. Bird: I feel that we are into this and this is such an opportunity to put a special playground in our community that l have no problem with the $50,000 there, Councilman Wardle. 1 think it's something that we can hold and I am sure there is going to be other grants out there and we might have to and have this ready to be used for it, so this is one thing I would hate to see us cut back on because I feel that that is a project that is really very important to this community. Nary: Doug, I just got a few questions on the — just so I am clear — on the groundskeeper re -class. That's not a one-time enhancement, that's an enhancement to base for those two employees? Strong: That is correct. They would be moved from groundskeeper II to groundskeeper III. Nary: Okay. On the seasonal groundskeepers, the $30,000 — it seems it's part of the expense and cost to maintaining those parks, especially the ones that are a little bit smaller, like Champion's Park, I think it is — Strong: Six acres. Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 18 of 156 Nary: Right. Then the Kiwanis Park, 1 think, was not a really large park, either. Have you looked at any other cost and try and evaluate whether contracting those particular parks for maintenance would be cheaper than hiring more people to drive the vehicles out there and do that? Strong: In the initial review that as far as just mowing the grass we can do it for less money than we contract it. For outsourcing the kinds of things that seem to make sense for outsourcing would be like downtown tree maintenance, possibly some chemical application and fertilization and things like that that companies are set up to do. There may be some economy in that as we get more space and particularly for smaller areas like Generation's Plaza and you know when you go into less than an acre area to maintain it, sometimes it takes as much time as when you go to a six -acre neighborhood park to maintain that. Even the maintenance around city hall as we have discussed whether there is some areas that we could contract to a grounds keeping company to do that as an outsourced type of care and save in — you know at what point do we add full-time verses part-time staff is what we are trying to balance right now. When we looked at the two part-time, we felt that to carry full-time staff through the winter months in the decrease in workload that where we are right now seems good and we wanted to go through another winter before we looked at even considering another full-time staff. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess to also have Doug underscore the need for the seasonal is we have had a rash of vandalism and I don't know if this Council is aware of the extreme of it. Doug if you would give them a brief overview of what your crews clean up on almost a daily basis, I think that would be very helpful. Strong: Most of the vandalism to date has occurred at Tulley Park. We have had some minor things at the other parks. One recent thing, not so minor at Bear Creek Park was a firecracker down the toilet that blew the backend out of the toilet that had to be replaced, which is about $200. The majority of the expense has been at Tulley and at the restrooms there and some related expense around the skate park with trashcan receptacles and different things like that. We are in the thousands of dollars there now with doorframes bent, both exterior doorframes and partition doorways and in the rest rooms. We have had roof vents on the top of the building ripped out leaving a gaping hole that would provide access into the maintenance area. Recently, this week our groundskeeper there spent three hours cleaning up just the wet toilet paper that was wadded up and thrown in every little place that you could imagine in the toilet. So, just the impact to maintenance staff to deal with the vandalism and then there was some kind of red paint here recently, too, that took a while to Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 19 of 156 figure out how to remove from the halls at Tulley. So, there has been an increase in that. The thirty some years that I have been working in Parks and Recreation vandalism to restrooms and parks, has never gone away and it has been much discussed at regional and national conferences and nobody has an absolute answer to it. So, I think it's something that we do need to address in order to maintain the parks so that they are presentable to the public. We need to deal with the vandalism right away. One of the things that we are proposing soon would be a surveillance camera system at Tulley Park that would be set for the skate park and the restaurant building so that we would have some way to date stamp when something happened and go back and look at a tape and find out who was at least present at that time and to do that within an initial estimate that would be about $7,000 mission to a budget we don't have right now. De Weerd: Council, I guess at this point if accounting sees that we have anything left over in the money we set aside last year, if would be money well spent. The vandalism out there has been above and beyond what typically they see on a summer bases and it's getting to that extreme and I think it's also where the community needs to be aware of what's going on and what we risk to lose. You know at the skate park, you know, since we have opened that the vandalism has increased tremendously. It's very unfortunate. I don't know if it's the kids that use the skate park in and of itself or if it's an element that hangs out around that particular type of amenity, but parents need to be more aware. We just had some damage to the well site, also located out there, over the weekend. They are talking about having to build a fence around that that really does break up that nice green area. So, it's kind of getting to that point to where it's out of control and something needs to happen. But, that is a budget consideration, hopefully for this one if we have money left over that we can do some preventative. Remember, this was still going on when that extra person is out there supervising. Strong: That's right. We did — I mentioned to a couple of people there this morning, we did catch a couple of vandals last night, so we — so there are steps being taken and the extra person that you mentioned being at the park was a part of that. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just a quick discussion on the land purchase fund. In my opinion we need this fund to get ahead of purchasing some land. One of the things that I would ask and I don't know exactly how to do this, but from time to time, park impact fee and we see a large amount of building permits come and so from time to time the park impact fees may be over what we expected. It would be my opinion that if we had a fund such as this so that we could take some of that Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 20 of 156 overage that we have that was unexpected and unbudgeted for and then place that into an account such as this. Bird: Mr. President. Nary: Mr. Bird, Bird: Two things for you Councilman Wardle. I think this is — and I have talked to Doug about this last year getting something like this started like we do with the fire truck fees so that we have it then. The video equipment that we need out at Tulley Park is definitely needed and that is something that we don't need to discuss about 2005, we need to discuss about 2004. I encourage any of you guys to go out there a couple of times a day at different times, which I have done and sit there in your car for about 1 '/2 hours and watch the kids. 1 hate to say this, but it's the element that comes off of the skateboard park. They go hit the deaf. tike in our restroom, we can start pouring our doorframes and everything full of concrete, they can still damage it, but they are going to be there a while doing it. Nary: I agree on the video equipment. I agree the Mayor is right. I think we need to look at whatever turn back money we have remaining from the budget this year so that way we can do that. Maybe that's something we need to do before September. It seems like September becomes a fire sale and we don't want to do that. We need to look both in parks as well as other budgets where we can get that done. The only other question I had, Doug, on the Autumn Faire Park. Is that $183,000 that you are asking for, is that essentially just green up? Strong: That would be the initial green up, no buildings. The buildings would be the next phase. Nary: Okay, because I think green up, I mean makes some sense, you know it's right next to neighborhoods — it's right on the road and I don't think they want to look at a dirt and weed patch any longer. Strong: It is also easier to maintain. Nary: Right. And it is cheaper to maintain than a building, but that it still provide an opportunity for somebody else if they would like to provide some sort of partnership there with something else that would be a good place to do that. I don't have any other questions. Council? Bird: I would like to follow up on that, Mr. President. Nary: Sure, go ahead. Meridian City Council Speciiai Budget Workshop Meeting July 13, 2004 Page 21 of 156 Bird: On that Autumn Faire Park the $183,000 includes the utilities don't it? Even though it doesn't include a building we would have the sewer and stuff ran in this deal before the agreement? Huff: All the underground would be complete. Bird: That's great. That makes more sense then. Nary: Council, are there other questions on parks or are we ready to move on? Wardle: Mr. President, just one more question as far as the Black Stone Pathway and we had to request from a neighborhood group to do the pathways. If this is something that we approved this year, I would assume that we would see other neighborhoods come in and do the same sort of thing and so just a policy decision to look at. Nary: Great. Council, we did run a little bit long, should we just get started on the Police Department's section? Bird: You bet. Kilchenmann: I just need a couple of minutes to see if their (inaudible ---------- ). Nary: Okay. I guess we need a couple of minutes and then we will get started. Kilchenmann: There is one thing I want to clarify the (inaudible -------------------- ). Wardle: No, no. I knew that they needed to be accounted for in their own fund, but if there is a — because you have a proposed budget of $740,300 and in 2005 we collect a million dollars I know it goes into a different fund, but the Council could allocate that overage into Parkland Purchase Fund with a policy decision — Nary: Kind of like a fund balance. Wardle: Yeah. Kilchenmann: We just keep them in the same fashion. Nary: Right. Wardle: No, I didn't mean move accounts, I meant move allocation, I guess. (Speaker unknown:) Some of them are allocated for specific parks, like Lochsa because there are an over abundance of permit (inaudible ----------------------------- ). Meridian City Council speda, Budget Workshop Meeting July 13, 2004 Page 22 of 156 Bird: And that Bear Creek and Autumn Faire isn't, see? So, that goes into the general and you know that — (Discussion inaudible-----------------------------) De Weerd: If you decide to spend it, it's more just a budget amendment because of what is included (inaudible ---------------------- ). It's in the park impact fee fund, which can be used for anything that qualifies under that capital (inaudible). So, if you want to use it, you can. So, it's really are you there? Bird: It is there, but I think we need to — just like I told Doug last week we need to let it like we do the fire truck fund. Tammy, you know about that. We wouldn't have the fire — we wouldn't be able to put the fire trucks (inaudible---). De Weerd: Then we should put more in it. Because even right now it we should put one of the two (inaudible ------------------- ). Bird: Let's see what we have got. Wardle: The problem with that is — De Weerd: Well, we already have it and then you establish a fund that you can grow. If that's what your goal is. Bird: That's what our goal is. Right now we got too much (inaudible-------------) that needs to be brought up to speed. If we had everything that we owned, park green and everything I'd say put more in. I'd say put more in it, but these partnerships have got to come and step forward. Cunningham: (Inaudible-------------------------------- -- ). Normally we would have to go to the amendment. (Inaudible--------------------------------------) (Inaudible discussions). Police Department Nary: Well, we are back on the record with the Police Department's presentation and we have a handout as well, Chief? Musser: Yes, I did provide handouts, which are reflective of the PowerPoint presentation, Councilman Nary. Nary: Thank you, go ahead. Musser: As we open our presentation today we will start with a quick review of our city mission. We find this is a very important aspect for the Police Meridian City Council Spec a. Budget Workshop Meeting July 13, 2004 Page 23 of 156 Department to be able to follow in line with, so that's why we included it in our presentation so that we have it right there in front of us as we move forward. As our presentation moves forward we are going to continue on our theme that we had from last year, which was building on our future together as we move forward into FY 2005 with our budget request and proposals. Again, in short review our department mission with the City of Meridian Police Department is to be able to provide highest quality of service and partnership with the community to preserve and to protect life and property through education prevention enforcement. Something that we are making a very strong movement towards in conjunction with a lot of leadership training and the team building that we have been doing in the City of Meridian and l appreciate the Council's and the Mayor's efforts in helping us move forward with that and continuing that progress that we have had today. As we start, capital replacement vehicle totals at this point for the City of Meridian in the Police Department are at $206,000. This encompasses four marked patrol vehicle units at $34,000 each and at the prompting of Councilman Bird we have been able to get that figure pretty tight at that $34,000 mark where we used to estimate vehicles around the $40,000 mark. However, we have been able to pretty much narrow those down using the Boise City shops and so we have a good idea on replacement of vehicles as long as we don't have to replace a whole lot of that equipment that is on it. We have two motorcycles included at $21,000 each. Initially, the $21,000 was when we were looking at BMW motorcycles. We may see a savings this year on that as we are pursuing a similar structured motorcycle, however, it will be a Honda and they are coming in at a substantially lesser amount than the BMW's were, so we may see some savings in that overall area at this point. We are still working on it waiting for the new Honda model to come out that has the same safety features on it. One animal control at $15,000. We will be replacing a Fleet car in terms of replacing the animal control truck. This will purchase us the Chasse and the cab area and we will be replacing the box off of the existing vehicle and on that older vehicle in order to get another year or two out of it, we are going to try and utilize it for that short period of time in ordinance enforcement by putting a regular bed back on it, so ordinance enforcement would have a functional pickup as well as our full-time officer does at this point. That would allow us up to potentially three vehicles in ordinance enforcement as we move forward here. Then our final one is a staff car. We are currently using an old vehicle that is well in excess of $100,000. The staff car will role in a lease return type vehicle and their staff car is used by our backgammon investigator and our local staff in the office, our records supervisor, our evidence technician and these are for short trips around the area for delivery of evidentiary goods or to pick up paperwork and deliver mail and that type of thing or in the case of our investigator, to travel outside of the immediate area to do background checks on officers that we have applications on. Capital replacement for computers has significantly risen for us, but I think it's an animal that we are going to continue to see over time. We are looking at 10 total desk units or PC's that have to be replaced along with two laptops as we expand out for a total of $19,260. Relatively cheap in comparison to cars, but still it is some money that we have to look at. Overall, for what we Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 24 of 156 had we started with a total of 15 enhancements. Part of these came a little bit later on in the enhancement process, in particular the intern program and the WAN connection, which are listed as 14 and 15 on this. We also introduced the estimated cost of the K-9 training building, which we discussed in conjunction and partnership with the Park's Department for our undeveloped section of land. That's roughly $128,000 is what we are estimating. As I have mentioned before we are still working on some community partnership programs, looking at some donations that can help us offset that cost. One of the reasons we wanted to introduce it in this fiscal year is where it is a capital improvement item and it does involve a building, if there is some potential we could set aside a small amount of money towards that and look at that as being a focus in FY 2006. This sets the stage for that. We realize that it probably won't be a go in this fiscal year, though. Overall, we were looking at just under a million dollars in initial enhancements. However, this is what we are down to now. What we have done on this with the crossed out sections on here, I'll go into a little bit further explanation, but we reprioritize and we drop down to a total of 10 priorities within our enhancements. Those also significantly dropped us down to a total of $342,893 from the near 1 million that we started with. We do have the K-9 building showing in there, but that total is not included in this enhancement total for our personnel and operation costs. Part of the adjustments that we have, first and foremost was the loss of revenue from the Meridian School District's SRO contract. It forced an evaluation and a need for constant coverage of the schools as a result the re -deployment of two SRO's back to patrol and a third to checks and fraud investigations. We had a request for three officers for patrol that was in there, as well as a new detective position. Those were both withdrawn. Those were a significant amount of monies. Part of the reason they were withdrawn is that we can re -deploy two officers to field duties that offsets the need for the three that we had requested. We are still short one, but we are able to utilize existing personnel and staff and because of the growth in our commercial businesses in town and the absolute need to be on top of our checks and frauds, we also re -deployed one of those SRO's into the investigative spot that we have requested so there is no significant change there. It doesn't impact our current operating or our personnel cost by doing these re -deployments and we do gain on that. The only thing that we do lose is having an absolute officer at every single one of the schools that we were contracted for, however, what we have done with the school district is we have committed one officer to each of the major high schools, Meridian and Mountain View and we have one officer who is committed to all three of the middle schools and he will be working those on a rotating basis through the week. He will spend one day at Meridian Middle School, another day at Sawtooth as it comes online and then another day out at Lewis & Clark and that leaves him two days to follow up with investigative items that he may have as well. This will be a tough one first to evaluate, but it is something that we are going to have to be forced to take a look at in this current year. We are still providing some partnership with the school, but we are choosing it on the basis of what's best for the community we feel at this time and Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 25 of 156 gives us the maximum amount of deployment for coverages in terms of patrol and with our checks and frauds. Bird: Mr. President may I ask a question before we go any further so I don't forget it? Nary: Sure. Bird: Chief, do you three feel that and 1 don't go by any averages or anything like that that we really need those three patrol officers that we have scratched out? Now you have showed us how you have rededicated the personnel stuff, but I don't want to do like we did seven or eight years ago. Get behind in that area along with the cars and stuff that we have to catch up in a year or two because that really costs us. Do you feel that you really need those three officers to make this the community that you want it to be? Musser: Madame Mayor, members of the Council and Councilman Bird absolutely we do need the three officers, however, realizing the necessity to be able to fully evaluate where we are at and not having a grant stream of available to us to help offset the cost to the city, we made the decision based upon that. I have been in discussion with the Mayor and also with you Councilman Bird as our liaison to set the stage to let you know that over the next five years we need a total of 18 officers to cover the over 32 square miles of city limits area that we have now. Now, I realize that we don't have all of that in the city limits, but that is the geographic spread that we have to cover even though when they compress it down we end up with just a little over 18 square miles. The thing is that we have to cover the map as it lays out and not what they compress it down to. To have another 18 officers come on just for patrol purposes will put us into a coverage realm of one officer for just about every four square miles. That's a reasonable response time area and also allows us to be able to set up and to move into proactive policing based upon a neighborhood concept geared around those four square miles and it also allows us a little bit of coverage to have people close by to respond and to assist each other when we need it. Yes, we are behind, we do need the 18 officers, but I have tried to plan out over the next five years to look at it, realizing where we are at in terms of our revenue stream that comes into the city. Bird: Follow up, please. Nary: Certainly, Mr. Bird. Bird: Chief, I think and that's something I think we need to look at real hard here in this budget. Maybe we can't get you three, but maybe we can get you one or two, because like you said, you need 18 officers and the way we are growing you might more than that. You know, we might get more area than that, but I don't Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 26 of 156 want to have to come up the last year this five years and have to hire 18 officers. We are not going to have the money. Musser: I realize that. Bird: I'd sooner get this going and get it going on this point right now. If there is anyway we can find it. We do have a request that encompasses two more officers that we will see shortly here coming up. However, we didn't adjust anymore into patrol. If it so pleases the Council at this point, I could submit in a request for what one more officer would cover so that we are showing a total of three that we are looking at for a patrol and I can do that if the Council so directs at this point. I will have that prepared and in by the end of the day to accounting. Bird: Here is one Councilman that is for it and I can't speak for the Mayor and the other two Councilmen, but I would like to see that other officer, yes. Musser: Okay. 1 will prepare that and do that and we will try to stretch the fleet out as best as we can. I will leave the car costs associated with three officers off on that one and just run with the cost of the officer with benefits and equipment. Bird: Okay. Thank you, Chief. Nary: Chief, now the most recent hires were for the last quarter or for the last half of the fiscal year. Didn't we just recently hire on three? Or, I guess their positions are vacant? They haven't been hired yet? Musser: Councilman Nary, we have filled all of our positions with one exception at this point. You are absolutely correct everything that we had to finish out those hirees were just hired here July 1, three of which we could not hire until that date. At this time, we have hired a total of seven new officers on and that has been an ongoing process for bringing those officers on since about mid June. That was in response to losing three officers to Boise City. Those have been replaced. Took care of the three officers that were yet (inaudible) came on after July 1 and we still had two replacement officers that went back to replacements and restructuring within the department since we had one lieutenant leave and the former Chief, Chief Worley, also left. That left us two openings there, so we have been able to replace all of that. We had another recent opening that occurred and I just interviewed yesterday and made a contingent offer on that position and we hope to see that one filled by mid month here and that will take us up to the full 56 allotted and accounted for in the current budget. Nary: Because I guess one of the other ways to get along the road as Mr. Bird is recommending is looking if there is any value to phasing those positions in over the course of the budget year, rather than to try and do it all October 1. 1 recognize from a training perspective it's not very easy to simply add one person Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 27 of 156 in October and another in March and another in July. Most of the time through attrition you are not really adding one person, sometimes you may be adding one or two at a time. I don't know if that's a possibility, whether or not that is something feasible. Musser: Councilman Nary it is absolutely feasible for us and it's part of what we were looking at when we came in with this last year's hiring. We were lucky enough that the July session gave us enough time to bring those officers on after July 1, so that they could do the pre -requirement training prior to going to the academy. We now have approximately 60 hours of training that they have to do online via CD's before they can even go to the academy, which is part of what we have to look at now when we bring them on. Having worked here for as long as I have, we have phased in officers at different times either in October with a portion of them, in January or in April at the mid fiscal year level; however, July has also worked out for us as well. So, we are entirely open to be able to do those phasings and if we bring you multiple officer requests that's something that we will continue to look at as a money saving option for the city with the initial hire on it. Nary: Thanks, Chief. Musser: As I already stated, the last paragraph here covers what 1 had already mentioned to the Council that we still have SRO's in the school, so we are still providing that partnership in that coverage with our school district as well. De Weerd: Chief, l am sorry, but the school district is aware of the continued commitment to this SRO program then? Musser: Due to the changes that we are advising, yes they are fully aware of it and this is what we told them we would be doing. At the time they advised us that the contracts would not be renewed as part of their budget cycle. De Weerd: Can you tell me what throughout the Meridian School District, I know this has an impact, to other agencies as well. How are the other agencies reacting? Musser: As far as the reactions that we have at this time, Madame Mayor, initially I had contact with under Sheriff Gary Rainey and the counties' initial response back was to not cover the schools that they lost in terms of contract and that was specifically with Meridian School District. However, since that time, they have pretty much followed the same format that we have and the have provided limited coverage back into some of the schools and then reemployed other detectives to detective or field duties at this point. With Boise City, Boise City wasn't under the same contractual obligation, so from what I understand they are continuing to cover the schools that they were already in and fulfilling what they had agreed to with the Meridian School District. In the Kuna School l Meridian City Council speciai Budget Workshop Meeting July 13, 2004 Page 28 of 156 District, the Kuna School District still contracts with the Ada County Sheriff's Department so they still have their SRO's in their schools in Kuna. De Weerd: I guess one final question on this topic is when they get to (inaudible) school where their behaviors are kind of set, you know and we are splitting the middle school one, where are the resources best placed? A middle school or a high school? Musser: Madame Mayor, members of the Council that was a hard fought discussion that we had amongst staff at the Police Department, frankly my concerns are more geared towards the middle schools at this point, however, the high school is rather adamant when we were talking to them about having that coverage within their high schools and it's something that we are going to take a look at in this year and see where our behavior problems lay, where we can best direct resources and if it comes down to it next year that we re -deploy in conjunction with those middle schools based upon the instances that we may have as opposed to those at the high schools then that is something I will be certainly stepping forward to you and to my liaison, Councilman Bird, to address the need for that change. At this point though we are trying to accommodate predominantly the wishes of the school district by covering the high schools. They have more concerns referenced behavior problems there than they do the middle school. De Weerd: But, you know I guess when they are concerned about behavior problems, shouldn't they hire someone — I mean, why do we become their babysitter? We are looking at your community policing philosophy and pro - activeness and that sort of thing and I guess their goal might be a little bit different than what your staff has discussed and I guess I would like that in consideration. If they have behavior problems, that's their fiscal responsibility. If we have people in there a particular reason on the law side in looking at how we can be preventative, those considerations have a lot of weight behind them as well. Musser: Madame Mayor, members of the Council you are absolutely correct. However, most cases what the officers do in terms of behavioral problems in the schools a lot of them are directly related to illegal activities. So, either the school district or the officer has the option under Idaho Law to be able to petition that child, you know, to be reviewed and looked at in terms of those illegal behaviors. One of the proactive things that we look at also is by having an officer there is a chance to have that interaction. I want to still be able to have that interaction especially with our youth and have no officers and have that trust still being able to be built by having contact with them and being able to interact with them. I think we still have a little bit of that even though we have compromised to look at high schools instead of the middle schools directly. In terms of the compromise, I think it's something we have to review and look at as we move into this next school year and then make the hard decision based upon what we are able to r Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 29 of 156 put down on paper resulting from the performances as we move forward here. 1 hope that answers your question Madame Mayor in terms of why we made the decision that we made and that we feel that it still meets our community needs in terms of partnering. Nary: I guess I will follow up on that, Chief and I guess 1 can be more blunt than the Mayor. If the school district wants us to be security guards then they can pay for that. If they want us to have a role as community policing and they are not wanting to pay for any of that then I think it is your philosophy and our philosophy that really carries the day. If you feel and I guess that's really the $64,000 question for you. If you feel that community policing the model that you have, the philosophy you set for the department and that we have also agreed with you is best served in the middle schools then it should be in the middle schools and not because the school district would prefer it be in the high school because they want to have a police officer there because of their behavioral problems. They can hire security guards or they can pay to have an SRO program. This is not a free service, this is supposed to be a community service and if you think it is best served in the high school then I am fine with that; but, if you think trying to meet the needs of this community it's better served in the middle schools and the other part of that is I only heard the three middle schools and not Cross Roads. The three major middle schools, rather than Cross Roads and I didn't know if that was — I didn't think we normally or used to staff that as a regular position by itself, either, but I didn't know if that was part of that rotation too. I guess, I understand the school district has budgetary problems and that's part of the reason they can't afford this program any longer. But, we have budgetary issues as well and I think we need to spend our dollars and the priority areas that we think are the most important. I think it really is up to you, Chief, not because the school district wants it, but because you think that the high school is a better place for police to have that level of interaction then I am for that. I do agree with the Mayor it makes more sense to me, I guess as a lay person, that from a community policing standpoint the middle schools deserve that one on one attention verses the high schools having a little bit more intermittent attention would be a better bank for our buck. Musser: Madame Mayor, members of the Council, Councilman Nary like I mentioned it was something that we've had a lot of discussion on and even to the point of asking the SRO's that have been working there where best we could our mileage out of it. Understanding where we are at, I am not trying to provide everything to the school district that they no longer are paying for now up to and including of putting them on notice that if we have to do overtime for them at their games and events that it's our officers' rate of overtime, plus the benefits coming into the city. So, we will have to wait and see if they even ask us to show up at those games like they have in the past. That's entirely their decision on it, but realizing where we are at, I put that hammer down. Also in terms of where we are at is while the officers are assigned to those high schools, their technically only there for three days out of the week. We said that we would have them Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 30 of 156 there and they could be there for three days out of the week, but they are also going to be carrying cases and in doing other investigations that relate to the age group that they are dealing with and they are not totally committed everyday out of the week like we were in the past. They will work our schedules with our priorities of the department, not that of the schools. I wasn't clear on that when I first mentioned it and the same thing with the three schools. Yes, we realize that we have Cross Roads and we also have the Academy and basically what we are going to be looking at is handling those on an as needed basis. If they call, then we will respond and take a look at where we are at there. The learning environments in both of those schools have been structured to an extent to where they relatively handle themselves because of the smaller populations and because of the special structure within the schools for the teaching formats that they use. I don't foresee them being as much as a problem as our general population schools do at times with the variety of things that we can have occur there. Hopefully, that may ease your minds a wee bit in terms of where we are at, but I think I have exercised my prerogatives as Chief to be able to set the stage for where we are at and not make a total commitment other than to know that my investigators assigned to those schools are Meridian investigators number one and when we need them and if they have other assignments to do that comes first. The school is secondary in terms of where they are at. Nary: Thank you, Chief. Any other questions, or should Chief continue on? Musser: Moving into our priorities again. A new lieutenant for Service's Division, this is a promotion position. It adds back the third lieutenant that we have had prior under Chief Worley and that I chose not to put in at the time when we had an opening on it because I wanted to centralize and provide a management focus by having a single lieutenant and patrol (inaudible). However, as the Department has grown and we have been able to expand our services orientation within the Department, 1 find it necessary now to re-evaluate where we may be best served by having this management position re -introduced. The overall cost would be $22,335 in terms of the promotion. What this lieutenant will be doing is working with records, crime prevention, ordinance enforcement, crime analysis, community policing, our volunteers and serving as a public information conduit for both media and web resources. Something that I know in recent discussion with our Mayor that each department needs to have a central point for our new web format that's coming on so we can stay updated so that's one of the issues we are looking at within this lieutenant's preview. In this enhancement also helps us address a number of challenges and issues within a strategic plan. Number one is community growth; we are asked within those challenges to develop new processes and procedures to better allocate staff resources. This is one of those things that I am looking at where we can have management combine it and then help be able to spread it out department wide in terms of where we are headed. It adds information. It updates our department's pages on the city web as we move forward there and it will help us develop a positive image for the city and the department. Under Police Services it helps us Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 31 of 156 maintain our current high levels of service quality, our commitment to the community and it maintains our involvement directly within the community. It increases the number of community services provided as part of our departmental outreach, in particular with the way we are moving forward with out volunteers at this point. Under department issues specifically, one of the things that we are really keying on is reduction of property crimes through proactive crime analysis for directive patrol and the expansion of the crime prevention program. These are both very proactive and necessary items that we need in town here in order to have an impact on our property crimes. Property crimes still remain the number one area of concern within this city. Honestly, in order to (inaudible) impact that we have to work through the educational and a prevention arms of our city Police Department's mission. The law enforcement end of it even though the officers that I represent as their Chief have been very busy — (Tape turned over). Musser: -- Eight? Burglar's Lt. Stowe? Stowe: Yes. Musser: A total of ten burglars that we have been able to apprehend over about the last three weeks in a multitude of cases that we have been able to take a look at. So, we are making some progress. In continuation with that it helps us increase our departments' involvement in proactive community relations and utilization of volunteers. As you know, our former Councilwoman Cheri McCandless has agreed to become a volunteer coordinator for us and is very excited and working very hard at this point on helping us get more volunteers in and getting us more involved in the community with a number of other projects. This will also help us increase the department's ability to manage and initiate levels of professional career development in the areas of technology. Some of this is very technologically specific in terms of crime analysis, it's terms of where we are headed with some of the crime prevention aspects and working on the web and reaching out in ways that we haven't reached out before. The other thing that it will do is it will help increase the efficiency within the support services in general for the City of Meridian and in particular for the Police Department. It gives us other resources to be able to use. The other thing that we have added in on this, though, is if I promote a sergeant to a lieutenant's position this will also cover the replacement of that sergeant by adding for that promotion so that we don't lose anything in the patrol or investigations in terms of that. A little thing here on some fast traffic facts. I can thank my captain for this who did a little bit of research and made some contacts over at ITD. When Eagle Road was finished, it opened up the five lanes. ITD made an estimate on traffic counts and predicted the daily traffic counts on Eagle Road at Chinden Boulevard and note that that's Eagle and Chinden, which was one of the busiest intersections at that time would not hit 25,000 vehicles per day until the year 2017. Okay? This is right out of their direct board minutes, which he was able to obtain a copies on. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 32 of 156 In terms of Eagle Road and 1-84 we are now at 34,260 vehicles per day. Oh, excuse me I was just corrected on there. That's Chinden and Eagle is at that mark right now. So, we've missed the mark on where we were initially counting and where we were looking at and you can see the difference there is almost a 10,000 over shoot from what they initially estimated and we are only in 2004. What are the five busiest roads in Ada County? As if I have to tell this Council. It's Eagle Road and 1-84 and this is the average daily traffic count there. It's 52,750. Eagle Road at Franklin, just one mile further — or a little less than a mile, it's % of a mile and it's 45,751. Meridian Road and 1-84 is 42,666. 1 think you can see where the numbers are headed on this. If we take our (inaudible) in three core areas into the City of Meridian via the Interstate at Meridian and Eagle Road and you combine those, you are looking at 95,416 vehicles per day. During the week, primarily Monday through Friday you are looking at almost 100,000 vehicles moving through this community. Traffic is a concern and remains a concern for us. We have five of the busiest locations in Ada County and the only reason we didn't get more for whatever reason is at State Street and Pierce Park seemed to have grabbed that number four spot. Where all this is headed is it takes us to our second priority. This is a personnel enhancement in terms of officers and one that we feel very strongly about and this is our second year for bringing it to this Council. This traffic emphasis places two new officers, plus a corporal's promotion and one car into our current personnel and operations. It's an overall cost of $183,289 and it provides us with more staffing in terms of traffic enforcement itself that helps us direct the traffic issues by increasing our traffic unit and it meets our variances as we have listed in our objectives from FY 2003 and 2004. The final bid on this is by the final addition of these two traffic officers, it will complete what we had initially projected when we first did our strategic planning process back in the 2002 at what time we were looking at needing a unit that consisted of six officers; a sergeant, a corporal and four officers. By fulfilling this enhancement we will have met that goal of having that six -member traffic unit to be able to work here in the City of Meridian. I was able to bring a sergeant on within this current year by not replacing that lieutenant's position at that time, but expending it out so that that sergeant performed an administrative function of managing our fleets so we could get a better handle on replacements and keeping our vehicles up and running and supervising the traffic unit. We have dome very well by having that sergeant in place and then these last two officers, plus getting the corporal forum will move us forward to meeting the goals in terms of traffic enforcement in Meridian and our proactive and educational programs that they are busy in as well. Nary: Chief, on this type of, essentially, assistance of the traffic unit is one car a better enhancement than two motors for that type of need? Musser: Councilman Nary the reason that we requested the one car at this point is we are also looking at some DUI enforcement and we need the cars as opposed to the motorcycles. We will be able to get two motorcycles, but to be honest we have one officer certified to be able to ride right now and it will be April Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 33 of 156 before we can evaluate who else will be certified or capable of riding motorcycles. In all honesty, I will probably be back before this Council next fiscal year asking for at least one if not two more motorcycles to help augment that traffic unit as we come together, but I want to make sure that 1 have officers that are certified and capable of riding those motorcycles first. Nary: Thank you. Musser: Priority number three: personnel enhancement that goes back to some of our collaborative and proactive community programs is a part-time anti-drug coalition coordinator and initially we had looked at this as potentially being funded under a grant, however, we were turned down on the grant application. In meeting with the Mayor, one of the items that we talked about because this would provide us some good avenues and access with community involvement is looking at bringing this before the Council as a part-time enhancement so we can still move forward with this program. This allows us to address the issue of policing service's challenges by increasing our level and participation collaborative inter -agency processes, strategic partnerships and with other governmental and local service organizations, in particular with Drug t=ree Idaho, Pay Ada in a number of other programs that we are looking at to be able to extend out and get into the workplaces and meet with the parents and the adults in this community and start redirecting our efforts as opposed to just looking at the youth. We need to start with the parents at home with them and those that are role models. We will also be looking at this to do what we can in conjunction with the Boys and Girls Clubs and the schools too with some of the paid programs that are currently in place. This will also help us increase the level of community policing as I stated with our collaborative activities programs and partnerships. It will increase the number of (inaudible) youths and others have to report drug trafficking and other drug issues within the community and increases our community services' providers' part of the departmental outreach. Priority number four is an equipment enhancement. A new computer server for the department. We are looking at $8,400. This initially had been much higher, however, this year prior to moving forward, I did have to spend $4,500 for a new tape backup system for our current computer as we maximized our memory and we had to do something about our capability to back up all of the data that we have over at the department at this point. Initially, there was another $4,500 on this request, but since we have already spent the money, this has dropped down now to just accommodate the server that we will need. Our current one is near capacity. This additional server will help us significantly with data storage and allow us to be able to free up for our intra net services as far as email and communication between members of the department within in the department. It will provide five times more memory than what we currently have on the current server. This one is better able to interface with new programs and will enhance our ability to tie the proposed city WAN, which is also part of our enhancements as we are going to move forward to. The WAN is our wide area network so that all city departments are being able to talk and exchange information. Priority Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 34 of 156 number five is a personnel enhancement and this is one of my stopgap items I have been looking at in terms of helping us out with officers where we can. This is for reserved police officers; an additional four, plus their equipment in the Police Department. We currently have four, five — we have five active reserves with us right now. We had six at one time and we are down to five at this point, however, these officers when they come in are volunteers and what I am trying to do here is offset a little bit of the cost that they initially experienced by getting uniformed up in having to get equipment so that they can go out in the field. I know way back when in 1981 when I started with this department as a reserve, I purchased all my own uniforms, my equipment, my handgun — everything at that time in order to be a reserve for the two years that 1 was a reserve before somebody told me I could maybe get a job and get paid for it. In the meantime, I looked at what it cost us now to outfit an officer and relatively by providing the uniform and the handgun and the equipment for these volunteers that help come out and supplement us, I think it's a good offset in lieu of the fact that to hire a full-time officer is going to cost us much more. The current officers that we have have been very beneficial and helpful to us in terms of some major crime scenes that we had to cover in the last year in assisting with parades, with other community events, being representatives for us when the officers are busy because of staffing and they can't get some of the community functions. These folks have gone above and beyond the call of duty in terms of being volunteers for this city. I would like to be able to expand that out and have equipment available forum and if I remember correctly there is also a small stipend amount in there so that if they have to sit and cover a crime scene for us through the middle of the night so staffing is available, we can compensate them a little bit of money. If I remember correctly it is about ten dollars an hour for the time that they are out there for their services for helping us out. Not much, but it's a little something for these people. Overall $21,211 is what we are looking at there. Priority number six is I already mentioned refers directly to equipment and it's the wide area network with the WAN. This is $5,000 has been attributed to the Police Department as part of our function for coming up and getting in on this project. It's part of a citywide effort to move forward towards our overall inter- connectivity between departments. It's an integral part meeting on our city-wide strategic challenge regarding information technology and service efficiency and additionally as I am in the middle of working on our emergency management planning for the City of Meridian in terms of homeland security, this will also go forward and enhance our ability to stay on top of things and have rapid communication between departments in the event that we have a crisis or other incident where we need to have that in hand. Priority number seven is an equipment enhancement for a (inaudible) Media VMS Library system. This is a rather complicated, very technologically based piece of equipment that will allow us to be able to digitize, such things as audio recordings, video cassette recordings, digital evidence both video and audio at this point and you can get bulk pictures from video cameras that will tape it constantly or single shot cameras. It will allow us to be able to store both the digital and the 35 together. As far as photo evidence, the big thing it also does is gives us multi-plex Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 35 of 156 capability. That ability allows to be able to take in tapes from our local merchants who have multi-plex security systems because we have no way of being able to play them, enhance them or record them now within the department and we have to rely upon the good graces of other places to be able to do that for us. This would even move us a step ahead of where Boise City is at in terms of equipment because they still have to go out at times to get some of their multi- plexing done as well. It allows a single point filing for investigative case files, so investigators can go to this, be able to have all audio and video stuff in there and any other type of digital data that they may have combined in it. Here is the big thing is it reduces the overall storage needs because most everything that we use now if you look at the little picture to the side, you have VHS cases, you have hard data tape cases on it, you have floppies, you have audio cassette tapes and those are all hard physical things now that we are busy putting away into our evidence room or we have to maintain in files as we move forward with what we are doing. Part of the explanation for this, I took the liberty to do a little bit of a process here to help explain it. We get all of our materials in and the first thing that happens with them is that they have to be logged in and tracked and so some poor person has to take all this stuff in as it's booked, they have to log it in, everything else to get it ready to go and archive it. Archiving it pretty much looks like this for the most part as you go back into evidence. It stacks up because it's hard, physical items. We won't totally lose all of that but we certainly can reduce it down the road. The next process comes in and when somebody needs one of these things after we have booked it in and it becomes evidence, we got to go back and we got to identify this tape that we are after in terms of where we logged it in and tracked it at. From there then we have to go search for the tape. After we search for the tape, hopefully we will find the tape and we will be able to get it and believe me sometimes it's easier said than done. But then the next thing is that we have to go back in and search that individual tape for the section of the incident or copy or clip that we need. We have to record that in order to produce a whole new tape in the same format to be able to send off to a prosecutor or to a defense attorney, or for heaven knows anybody else that may have requested it, depending on what the circumstance may be. This is pretty much the process that we have now. What we are hoping to do with this C Media VMS library is take what we still have here, move it forward, we are still going to have to log it in and track it because that is just the nature of the business that we have, okay? And as we log it in and track it we are still going to have some physical storage in terms of evidentiary tapes. But, the other thing that we are also going to have now is we can archive it digitally onto this computer format so that we can pull it out. By pulling it out it doesn't have to be that one specific person going back and getting it now. An officer can sit down at the computer, be able to go through the computer in terms of its being netted it, find out what they have in there and be able to review that specific item so they can retrieve it or get a copy on it in which it allows them ultimately to package and deliver the document in these two formats: a CD or a floppy. The CD being the most common format that will come out of this. So, it changes everything drastically and it speeds up the process overall. So, in terms of where we are Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 36 of 156 going in spending the money here, this is an expensive system initially for looking at it but in the long term it should save us in terms of the time spent and the process that we currently have and allows us to build and save more and it also accommodates everything that's moving forward in this digital age in terms of digital photos, digital recordings, digital video. That takes us to priority number eight since we are talking about all this digital stuff. We are looking at digital records and CCC TV equipment as well to tune of $46,900. Digital recorders are issued for all the sworn officers. This is something that we presented last year that we would like to continue to move forward and try and attempt to do it again this year. As you know, Boise City does issue recorders to all of their officers and they mandate that the officers use them when they are on contacts. That could be an excellent risk management tool in terms of where we are headed and it also protects the officers, not only the city in terms of how those contacts went down. By having digital recorders, the officers would be able to record their contacts, have the information there, they are easier to maintain and keep up with as opposed to the micro cassette recorders that we have used in the past and now because of something like this C Media VMS library system, we would have some place where we could store this type of material and keep it archived and be able to retrieve it. $16,800 is what we have estimated out would cost to provide each of our officers with that digital recorder so that they each had one. The CC TV system is a building security upgrade; something that is drastically needed over at the Police Department. We brought this forward last year, but withdrew it at the last minute as well. Since that time the price did go up on it as well because most everything is now digital. We were looking at first generation digital items last year and now we are into a much more sophisticated digital setup on this CC TV system. What this basically will do is provide us digital video recording at all points around the Police Department. We are looking at three points outside along the perimeter, so we can see the outside of the building and see who has access and who is coming and going and be able to review it. It will also tie in with the video systems that are in the front foyers as part of the 911 notification system in case somebody comes to the department after hours and has to push the emergency button that will enhance the video that we have in there. It also provides us coverage towards the front of the building so we can see if a vehicle pulls in where we don't have that now, we miss anything that would be in terms of a vehicle or person outside because it only records inside. The other thing this will do is allows us to upgrade our lower interview rooms or the first floor interview rooms adjacent to patrol. It allows us to set up an in-tox testing center so we can readily video in-tox tests that take place and within our holdings area where we have the in-tox meter set up for the BAC testing on intoxicated drivers. So, it allows us a multitude of things to be able to do with this $30,100 in terms of upgrading building security. Building security as I move forward here in this position and with the different meetings I have attended including the one that I just came back from Washington, D.C. that dealt with homeland security. Police security on any or I shouldn't say police security, it's public security. 4n any pubic building is something that we are going to have to look at in this post 9-11 era that we are in now so that we have Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 37 of 156 access to be able to see who has been around buildings, who is looking at them and who potentially has access so we can evaluate where we are headed with things, so it's becoming one of those things that is becoming a reality for us and that we have to face and look at down the road here. We do have some of the conduit and in the access to be able to run the wires through and all, but it was something that we didn't complete with the building when we initially built it, however, it was set up so we can move forward with this at a later date. Priority number nine was a stipend for department intern at $1,830, we are currently using a volunteer intern at this point over at the Police Department and that this will move us forward and hopefully we can have a little bit more interest from applicants over at the criminal justice program at Boise State by being able to provide a stipend in which it would help them out during their summer months when they are collecting their six credits for interim programs, you know which goes towards their graduation, so I appreciate the Council's consideration on that. l know that has been a project that the Mayor has been pushing for and we have included it in this as an enhancement so it becomes part of our base in the future if so approved. Priority number 10 is equipment. As you know, we all ready have two of the X26's taizers that were provided to us on donation from (inaudible) here in Meridian. They have been an excellent tool. In the meantime, we were also able to pick up an additional two taizers, so we have a total of four in stock. Our ultimate goal is to be able to have six available for deployment in the field and this request would accommodate us up to that total of six and it's at $34,400 because it would also include the additional training equipment. There are a number of wire and training cartridges that we have to have as we expand the department and have more training requirements with more people that will replace current field cartridges that we have because as they get deployed they will be used and it allows us for extra holsters too. One of the weak points we found in this system is that the holsters are made out of plastic and they do occasionally break, so we will have to accommodate for some extra holsters and so far what we found is nothing is really cheap in terms of adding up things like little holsters that they want to charge us $50 or more for. That is why we have the $3,400 here. It is a priority 10 where we do have the four now, but it does move us closer to having patrol better outfitted in the long run. Priority number 11, which isn't included in the overall total and as I mentioned before is something that we wanted to introduce to the Council and look at as a potential for FY 2006 is this K-9 training building estimated out at about $128,000 at this point. We are continuing to work for contributions from the community including some contractual and building supplies in conjunction with it. However, we do realize that we may end up having some costs and if it's something that we could direct towards permanent building fund or place into budget for in FY 2006 and not utilize it at this point, we'd be very appreciative of any consideration in terms of this priority within this budget year. Overall costs of enhancements from the Police Department for FY 2005, again, $342,893 and that's without the K-9 building and we would like to thank you for your consideration for your budget requests from the Police Department and we stand for any questions the Council or Mayor may have. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 38 of 156 Nary: Council, questions? Bird: Mr. President. Nary: Mr. Bird. Bird: Chief, I hate to do this seeing how (inaudible) last year. Out of your priorities, your 10. The security system and I know it's very important to have that; is there any chance that through homeland security that they got grants or anything that we can pick up some money to offset some of that $30,000 expense? Musser: Councilman Bird there is access. I have been looking at it; however, at this point for this current year that we are moving forward to, the emphasis is on training. Training in particular for officers on initial response; training for fire on containment and dealing with issues; training for all us managers sitting in here, including, Chief Bowers in terms of the new national incident management system that they have in place and how that should work across the country and within our own little areas in and through the county and all. We are engaged in doing a number of those things on training right now where we can because of where a lot of grants have come out in that regard. We are also still collecting some of the equipment that we had from the first grant sessions. There is every potential that we may have this and we can look at it as we move forward and it certainly is something that if I am not able to obtain this time, it will become a priority in terms of where I might be able to find the funding via grants. I don't have anything to be able to hand you at this time, I really wished I had been able to because last year I was able to pull out some last minute grants, but I haven't had the access at this point. Bird: Mr. President. Nary: Certainly, Mr. Bird. Bird: I agree. I would like to leave it in. Let's don't try and cut it because I think it's something we need. The digital recorders, I mean, that's a necessity there is no question on that. I don't see any of your priorities that are out of place or anything other than if we could get some help on this camera deal would be nice. Other than that, I think everything else looks good to me. Musser. Well, in terms, Councilman Bird of what you had asked me earlier about phasing items in if it'd be possible for the Council to look at this as a phase in item for after April or even moving into July before we do anything on the building. It will leave that money sitting there. That would allow us time after October hits to look at potential grants that may be coming available or access on and I will certainly pursue that in terms of seeing what we can do. The one Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 39 of 156 thing that we may have to watch though in terms of that, would be we made sure we don't try to utilize the grant to supplant anything that we may have, but we can certainly move forward to see what we can do in assisting, you know, with our protection and security of the department via homeland security monies. Bird: Thank you, Chief. Nary: Council, Mayor any other questions? Looks good. Thanks, Chief. Musser: Thank you, Madame Mayor and members of the Council, we appreciate your time today. De Weerd: Chief, you will get the figures to us? Musser: Yes, I will I'll have that today and it will be in. Bird: And you and Captain Overton will where that dress all the time will you? Nary: Council do you need a couple of minutes before we take up the Fire Department? Kilchenmann: I am going to need a couple of minutes to set up. Nary: I guess we will need a couple of minutes. RECESS. Fire Department Nary: We are back on the record now and ready for our next presentation from the Fire Department. Chief Bowers whenever you are ready. We are kind of behind, so you can do it in 10 minutes? Bowers: Pardon? Nary: I said we are kind of behind so you can do it in 10 minutes, I figure. Bowers: 15 minutes? Thank you. Madame Mayor, City Council members thank you for allowing us to bring the budget in front of you. We were going to have the three amigos here to help out, but there are only two amigos today. Bill Johnson's father passed away and he went back to Oregon. So, we recruited our rule chairman to be the third amigo. I am sure you will have a lot of questions for him. Basically, our first enhancement we would like to bring on a part-time public educational person. This person would coordinate the use of the fire safe house, assist with scheduling and presenting of public education programs, assists with fire prevention inspections. I believe that once we open Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 40 of 156 up the fire safe house that that program is just going to embellish. I think there are so many kids, so many adults that are wanting that thing open that it's going to be busy. It's going to be a one person — one person is going to be in charge of that. The Mayor and 1 discussed about trying to do a part-time position for this enhancement and our request with a salary, with fuel for a vehicle that we already have, for personal protection equipment, the physical background check, the miscellaneous equipment would run right around $43,714. Enhancement No. 2. Firefighter paramedic or paramedic firefighter, however you want to call it for the new station, we would bring on — excuse me we would bring on 12 paramedics, staff the new station and that would improve our capability of handling medical emergencies, improve the response time of having a paramedic on location sooner and all stations would have advanced life support capabilities. This would enhance us if we bring on 12 paramedics to have one paramedic on each engine per shift. The next — De Weerd: Mr. President. Nary: Madame Mayor, De Weerd: Kenny, just to elaborate on that. We did have, I believe, initial figures to the Council and from the initial response this is what we brought back. It takes nine people to staff Station 4, that would be opening south of the interstate, but those nine people would be absorbed from the stations. The 12 positions you see there would then be distributed among the four stations to assure that there is a paramedic firefighter on each shift. So, that's why there is 12 positions here instead of your standard nine and all of these wouldn't be just at Station 4, again, they would be distributed among all shifts and the nine staff that would be there for Station 4 would be among the personnel that they work with. That wasn't well communicated, but I just wanted (inaudible ---------- ). Bird: Mr. President. Nary: Mr. Bird. Bird: Rich can jump in here, but that also by going with 12 at this point, having paramedics not only like the Mayor said, we'd have each shift that would have a paramedic at each station and each engine would have one. That would give us an extra — if I remember right — Station 1 has four to a shift. One of the other stations would pick up four per shift, wouldn't they, by hiring 12 now wouldn't that give us an extra firefighter that can float around or something. Rich was explaining that at one point to me and I think that will give us an extra firefighter to go around if we are missing — or if somebody can't make it or something. Bowers: That wouldn't necessarily be a paramedic, but there would be an — Bird: No, a firefighter, yeah. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 41 of 156 Bowers: Right, but the purpose here is to have of the 12 to have a paramedic on each engine. Bird: I agree. Bowers In each station around the clock. Nary: Chief, I guess, since we are on this point is the cost of that also include the increased overtime because if we are going to have a standard we are going to at least attempt — I don't' know if we — it doesn't sound like we are having a minimum staffing requirement, but simply a preference to try and have one paramedic per shift then if that paramedic is gone, we are going to have an increased in overtime cost. Bowers: That would be right, City Council. Possibly the thing to do would be maybe not staff that paramedic back up to a paramedic if he is gone, maybe just have to bring in a Captain or something if we have to. Nary: Isn't that more overtime? Bowers: No that would be less. We would bring on these paramedics in September. There would be one month that we would bring them in on this budget period and that would be $68,000 is what it would cost us to bring on the paramedics for one month. That gives us basically, three to four months of training before we put them into the new station when Station 4 is built. We would need a few more weeks of training to train these paramedics to firefighters and the reason being some of them has never had any firefighting experience before. It's always just paramedic training, so we would have to start from scratch with some of these people in fire training. Bird: Mr. President. Nary: Mr. Bird. Bird: But in the same token, Kenneth, when we hire firefighter — I know we have been very fortunate and we have hired out of our volunteer Fire Department, but a lot of them are — you have to train all of them to be EMT's or we require them to be EMT's now and you got to train them to be firefighter's too if they didn't come through our deal. Basically, the paramedics you don't have to train them to do the EMT or anything like that, so all you have to do is train them to be firefighters. Bowers: Exactly. Bird: And they don't all go to Station 4. Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 42 of 156 Bowers: No, they would not, Councilman Bird. What we do is we would promote three captains to go to Station 4; we would promote three drivers and one of these new firemen, who are paramedics, would go to Station 1, one would go to Station 2, one would go to Station 3 and one would go to Station 4. So, we would have a paramedic for each. Bird: Three each would go. Nary: Chief, you said to bring them on in September. The station is not going to open until November, December? Isn't that right? Bowers: Correct. Nary: And the intent to bring them in October into the FY 2006 budget isn't very practical? Is that why? I mean $68,000 is a lot of money for one month. So, I just wondered why -- maybe if we could push that to October. But, if that's not going to be very effective to do it that way, then I guess I don't want to do that either. Bowers: Oh, we would work within the timeframe any way we do could do that, Bill Nary. What we thought we could do if we brought them on that one month, we would have like three months of training to get them ready for the December opening of the station. Now, if we have to push that back a month, we can do that. I mean we can do that. Nary: One other question I had was that I would assume that some of you looked at the cost of — this is to hire 12 brand new paramedics and train them to be firefighters, correct? And the cost of training our current existing firefighters up from an EMT level to a paramedic would be more expensive than hiring existing paramedics, right? Well, what if we don't find 12 paramedics that want to be firefighters that fit our criteria that want to come here? Then what do we do? Bowers: Madame Mayor, City Council members, Councilman Nary. That is a very good question, it is. We would advertise nation-wide to bring these paramedics in. We would not be able to get them right out of our department now and the reason being is it takes about two years to get trained as a paramedic. So, we would not be able to get anybody out of our department now. We would be bringing 12 in from outside sources. Now, if any of our fireman want to become paramedics themselves, they are going to have to do the training themselves on their own to get the training of a paramedic. Nary: Is that additional cost for recruitment, I don't know if there is any additional cost. I know Boise uses public safety testing? I don't know. Does Meridian use that service? Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 43 of 156 Bowers: We use a different company, yes, that we go through. Nary: And will there be increased costs to try and recruit those paramedics? Bowers: Madame Mayor, City Council members Stacy had talked about moving expenses. No, we do not pay any moving expenses for people who come in. It would not cost us anymore to advertise for a firefighter or for a paramedic. Nary: Okay, thank you. Councilman Wardle. Wardle: Mr. President. Just to comment on bringing in the paramedics and I think it's an excellent idea, I think, that we need to do it. I think it improves the level of service within the city. The $68,000 for one month, I think is important because we are hiring paramedics because it's less expensive to bring in a paramedic and then to make sure that they are a firefighter, but I think our community deserves to know that even that one month and that $68,000, 1 think that it's important for them to know that those paramedics are also trained to perform duties as a firefighter and to perform that function so I think it's money well spent and proactive in training. Bowers: Madame Mayor, City Council members and Councilman Wardle. You are exactly right. Bringing these paramedics in, we will have to start from scratch to teach them firefighting training. I mean, Councilman Bird was right, too, that when we brought these other people in we have put them through an academy, but basically all we hit was the high spot stuff of academy. Yeah, they can pull a hose; yeah they can put on an air pack; yeah they can pull the hose off the truck and squirt water. These new paramedics, we are going to have start from scratch and go through the whole basic firefighting training, just like bringing somebody off the sidewalk. You have to just start from technology because some of these paramedics don't come from fire department background departments. They are like Ada County EMS. They are strictly by their selves. So, that is correct. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: l guess also for Council's information the training would be given regardless. The September start date is so that Station 4 could open one month earlier. So, they will still get the training and so the only question is do we open in December or January? So, that's for that one point. I guess, Kenny, 1 would also like to see have we explored other ideas? We are talking about 12 paramedic firefighters, so that we have a paramedic on each shift. But, do we need a paramedic at every station, or do we want to focus paramedics at just one station? Is the cost savings at having that fourth crewmember at yet another station — right now we four members per shift at Station 1, so that extra person — Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 44 of 156 those extra three persons would add a fourth person at another station. Are we adding overtime, are we saving overtime? You know, what is the cost savings by having 12 verses 9 other than getting a paramedic on every crew or every shift? And do we want to have a paramedic at every station? And I guess I ask that because right now Ada County is asking to put an ambulance and a paramedic in one of our fire stations and so we will have one already from the County that they are paying for and so do we need to have 12 verses 9 and I am just saying this because it just occurred to me, but I would like you to be able to crunch those numbers so we can make sure that the direction we go is actually the direction we think is going to provide the necessary service to our community. Bowers: Madame Mayor to answer your question and City Council members. I know Mr. Bird will hammer me on this, but when we open Station 4 there will not be any overtime incurred — Bird: Would you make sure that tape gets sent to me? Bowers: For callback is exactly what 1 am talking about. It's for call back. Yes, we will still have overtime when we have people out on vacation or sick, we will have that. But, when you open Station 4, then the only time you will have call back overtime is if we have a major fire, a major disaster something like that. De Weerd: Well, Kenny, with that that fourth person, that floater like you have floating at Station 1 supposedly, you will have then a fourth person on three shifts at another station I am assuming. No? Bowers: No. Bird: Why wouldn't you? De Weerd: Why then do you have 12? Bowers: Okay. Well, what you would do is the fourth person we have at Station 1, he rotates through Station 2 and 3 at this time to cover the firefighter position. That's all he's certified to do is a firefighter position. He is working on his driver's training right now, but we don't have any of those firefighters certified to do the driver's training yet. So, it has saved us quite a bit of money on overtime in the firefighter's position because that fourth person rotates right now. What we would do is we would still have four firefighters at Station 1. We would have three firefighters at Stations 2, 3 and 4. De Weerd: Okay, what's the additional — I mean you need nine people to open Station 4 and we have 12 positions up there. J Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 45 of 156 Bird: One of the other stations is going to have four on a shift, too, Kenneth. Whether they are drivers or what they are — because you only need nine firemen to start a station. Bowers: -- to open a station. Bird: We are not disagreeing with you doing this, but you are going to have another one and that should basically if we get him qualified as a driver it should basically cut out all of our overtime to a degree. I know there is some you can't, but it should. Also on the paramedics, I for one believe that the selling point of the paramedics is having them at every station regardless of whether we have EMS County at our station too because they are not driving around. The fire truck is going to be the first one on the scene. I don't care what anybody says, they are going to be the first one there. If I am the guy there they are working on as a victim, I want on that truck, somebody that can start drugs on me if they have to. So, I believe that we do need one on every shift at every station, but — Bowers: Madame Mayor and City Council, you guys are correct. I don't know what I was thinking. We will have two stations with four people. We don't know — we didn't even think about what station we would put that on. You are correct. I don't know what I — I was way off base. Yeah, we would have four people on that. (Tape turned over). Bowers: Now, do you remember your first question, Madame Mayor? De Weerd: Is it going save on overtime because that — then you will have one station with a floater and now a second station with a floater? We understand you won't have overtime except for extreme cases for callbacks. I am talking for vacation and sick coverage. Bowers: Okay, vacation. De Weerd: Because our overtime is out of control. Still. Bowers: Okay. Madame Mayor and City Council members. Yes, we would still have overtime. Those firefighters that would be rotating would only be able to fill in firefighters' positions until they are qualified to become drivers. Now, we have got several drivers now that are qualified, just got qualified to become captains. So, we will be able to move them up into captains' positions. When a captain is sick or gone for class we will be able to move these drivers up and what they are paid is the difference between the captains and the drivers salary for that extent that they have moved up. Wardle: Mr. President. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 46 of 156 Nary: Mr. Wardle. Wardle: Just to give my opinion on an earlier comment by the Mayor whether we want the station opened in January or December. I say December and if we could have it opened earlier that would have been great too, but December in my mind and to budget this cycle for it is something that I feel strongly about. I do have a question for the Chief and that is now you are going to have two stations with four people; is that purely for the overtime coverage or is that for additional service coverage for the city? Bowers: Both. It can cut down, like I said on overtime because we will be moving them around from station to station to station, which we do now. We have hardly any overtime on our firefighters. It's the driver and the captain. But, yes, being able to move a paramedic out to each station, we will be able to respond quicker with events life support capabilities, giving drugs before an ambulance would be able to be there. Wardle: Follow up, Mr. President. Nary: Go ahead. Wardle: I understand the paramedic's side of things. I am just talking about the difference between having three people on a shift and having four people on a shift and is that something that you envision because currently at Station 1 we have four on a shift and then Station 2 and 3 are staffed with three and now you are going to take that up. Is that something that you see in the future for all the stations? Bowers: Councilman Wardle, no I do not. I do not see four person engine companies in the future. Nary: Chief, 1 only have a couple of questions. My assumption is and this is probably a stupid question, but at Station 1 and the same thing with this next station that would have a fourth firefighter. I am assuming you have three shifts? Bowers: Three shifts. Nary: Okay. I don't know if you call them a, b and c, but — Bowers: Yes, a, b and c. Nary: So, one of those extra four will be on a different shift? You won't have two four -firefighter stations on the same shift? Bird: Yeah, you will, Bill. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 47 of 156 Bowers: Yes, you would. Nary: Okay, so you'd have two extra firefighters and if you look at them as a, b and c if a shift has one extra person right now, theoretically, you are going to have an extra person on a and then if they need to fill in they are going to get overtime if they have to go to b shift or c shift? Bird: No, b would have an extra person. C would have an extra person. Yes. Nary: All right. Then currently, and I know this probably silly but currently, I assume, if that fourth firefighter for some reason that extra that floater that person is unavailable, they don't bring in another person so you have four? Bowers: No. Nary: Only if they have less than three? Bowers: Yes, if our fourth firefighter now is sick, gone on vacation, gone to class we do not fill that position. Nary: Okay. Then with these paramedics and I guess I am just unclear in the request — the amount of money you are talking about that includes all the equipment necessary to operate as a paramedic? Bowers: Yes. Yes. Nary: Okay that includes the drugs, the equipment and all that? Bowers: No, I thought you meant for their (inaudible) for radio. Nary: That is just for the firefighters, not the equipment expense? Bowers: Yes, I have another slide in here -- Nary: Okay. Bowers: -- with the drugs and stuff like that. Nary: Okay, great. Thank you. De Weerd: Mr. President. Nary: Madame Mayor. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 48 of 156 De Weerd: Just to make sure the requirement is that we have three men per shift. Bowers: Exactly. De Weerd: And so that fourth person has been a floater as necessary to fill in for sick and vacation or he stays with his own shift as the fourth person. But, it's not mandatory the fourth. It is mandatory that you have a three-person shift, correct? Bowers: Exactly. Nary: Chief, before you go on, I guess that we have digressed a tiny bit. On this captain/fire prevention is there a necessity that it needs to be a part-time captain or could be a civilian? Bowers: No that would be fine. Nary: Does that change the amount? Bowers: What Reta did was just took what we had asked for the full-time position and just cut it in half is what Reta did. Nary: So, this is half if it's not a captain? Bowers: Pardon? That's is a half of a captain's position. That's what it was. Nary: Okay, so if this was a civilian position the number would be even less? Bowers: It could be less. Nary: Okay. Bowers: Yeah, it could be less if we bring in somebody, you know, a retired person or something — Nary: Right, a retired firefighter or something like that as a civilian? Bowers: Yes. Nary: Okay, thank you. Bowers: You bet. Any other questions then on the paramedics? De Weerd: No. Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 49 of 156 Bowers: We have lost a slide somehow. I don't know where — it went into cyberspace, I don't know, but anyhow it was the slide on the fire station itself. You do have that down underneath the paramedics there. Capital outlay and what that is is for a two -based station with living quarters, we plugged in $822,000 for the building itself. That would be a rule expense. The turnout racks, furnishings, tools, propane -- $36,000; materials and testing, to come out and test the ground, to test the concrete as it's being built; the phone system, the base station, the architect, which the rural fire department will pay, Idaho power, that's the big transformer station that they bring out will be paid by rural, also Station 4 sign and plaque will be the rural fire; survey of the site; advertising, computer license software, the WAN, radio connection, water and sewer lines and meters and the City of Meridian plan review fees has been added in there for a total of $999,250. De Weerd: Kenny? Bowers: Madame Mayor. De Weerd: I just wanted to emphasize that it's the same partnership that we did with three that also won the City Achievement Award the Association of Idaho Cities, but you know, again, this has been in discussion with the rural fire commissioners and continues to be a strong partnership that we appreciate and shows the commitment to really looking at response times in the rural areas as well, to make sure that they are out to the goals. Bowers: Yes. As Madame Mayor said this will be just like Station 3, the rural would pay for the building and where we got the price of the building was last Station 3 came in at $740,000. After talking with architects, they gave us how much increase it would be to build a station so we put it in $822,000. Material testing would be paid by the rural, the architect, Idaho Power and Station 4 (inaudible) plaque will be paid for by the rural. The location would be Eagle Road and the Ridenbough Canal. We went out and walked the property with ZGA the other day. He had a concern that the property is very big that we might not have enough money this time to develop the Fire Department parcel and the parcel where the well was supposed to go. So, we might have to phase this in a couple years possibly. ZGA would like to get with the Park's Department, the Park's representative, the Rural Fire Department and the City to discuss that second piece of property and see if we can do it now or later. De Weerd: Kenny, I guess I would like to add to that is the well site was exchanged for property that the Fire Department had out at the sewer treatment plant and so the well site is now part of the donated lot for the fire station. I think in talking with Kenny that this parcel could be developed as (inaudible) a small pocket part that would compliment the Fire Station. It's also kind of an anchor for the pathway that's going on the south side of El Dorado that would then connect to the Thousand Springs little pocket park that Kiwanis is doing. So, I think it f Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 50 of 156 would be impact fee eligible. It should be developed at the same as the station is so it's a complete amenity for the community and Council could consider that as a partnership to this facility and to the Rural Commission. Bird: Mr. President. Nary: Mr. Bird. Bird: I concur with what the Mayor just said and I think that we probably wouldn't have to have it in '05 budget for the Park's Department, but we definitely need to get it developed all at one time. We don't need half of our lot out there in weeds and stuff so we need to — Kenneth needs to get the Park's Department with Rich and yourself and get it planned out and then '06 budget they can put in some money to green it up and that's all we ever talked about doing to make it look nice. On getting back to the architectural fees, we should save quite a bit of money on that as we discussed when we picked out the deals and we need to make sure that ZGA understands that we are expecting not to pay what we paid on number three because they are basically using the same prints if I remember right. Bowers: Exactly, we will be using the same print (inaudible) the station at all. Madame Mayor, City Council members, we have not exchanged that property yet with the Wastewater Treatment Plant. That is still in the works. So, we haven't switched that yet, but — Bird: It's all under the City of Meridian. Bowers: Yes, but it is under the city and I have met with Park's Department, Doug Strong and he is very in favor of that piece of property for people to use the Greenbelt they can stop there, he even talked about maybe putting a few amenities in there. Possibly in the future. He did not have that in the '05 budget. He didn't put any money in there. It would have to be in the '06, like Councilman Bird said. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just to follow up on that. Doug had a conversation with me about it and potentially putting in some improvements such as a shelter and certainly drinking fountains and things that would compliment. It seems like a natural halfway point for the pathway, which could be extended in the future which will be there and usable very soon. But, I believe the department is scheduled to have that in the fiscal year of '06. So, you probably will see that come across. Meridian City Council Special Budget Workshop Meeting July 13, 2404 Page 51 of 156 De Weerd: I think it is important to note for the Rural Commission that commitment from the city that we take responsibility for that. Bowers: Thank you. Wardle: Mr. President the Chief is looking for some — as far as the station, 1 have said it before let's get it done and we appreciate the partnership with the Rural Fire District and this will definitely increase the service to our citizens, especially south of the freeway and help our emergency response time on that freeway. Bowers: Yes, that will help us out tremendously. Getting onto the freeway has been a challenge coming from Station 1 and so it will help us out tremendously. Okay? Any other questions? Nary: And just as an addition to that I think once we do open that station we really want to make a very big splash about that. I think it is a very great enhancement for the folks south of the freeway and quite a big step forward for the city and so thinking ahead when we get to that point of opening that station, we really want the people to know it's there and that was really a big deal for us and the rural and I am sure Mr. Green would agree that that's a great opportunity for us to show how our service is growing. But, let's do it for free because we don't have a lot of money left. Bowers: Yeah, we will be having several meetings with the neighborhood out there with associations. All right. We will go on to the next one. Next slide -- this is basically nine paramedics and this would allow three engines to have advanced life support capability and what we would do we would have to do is sit down, figure out where the most of our calls are and put the paramedics in those engines with the three districts that we have the most calls in until we can bring on three other paramedics, but this is another situation that we could go by if we had to. Okay. Next one. A new engine for Station 4. We first had asked for a new engine to put out at Station 4 and the engine that will go out to Station 4 will have 96 to 99,000 miles, probably somewhere in that area by the time we put it out there. A 12 -year-old engine. After talking with the Mayor, Councilman Bird and Rural Commissioner Chairman Green we probably better put this off a year to help us out on the budgeting for the station and the paramedics that we are bringing on. So we have asked if we could put in a $100,000 into the truck fund, which we have $295,000 now with the $100,000 that would bring it up to $395,000. But, we just can't keep taking money out of there and not put any money in, we would be in trouble years down the road. Bird: Mr. President. Nary: Mr. Bird. t, Meridian City Council 5peciai Budget Workshop Meeting July 13, 2004 Page 52 of 156 Bird: Just for everybody's information what did 304 cost us, Kenneth, when it's all said and done? Bowers: It will run $380,000. Right in that area with the equipment and everything on it. Bird: Thank you. Bowers: Enhancement number four then. Opticom. The county and the state will be upgrading intersections in the future. As you could see there, on our enhancement that we have turned in to you, Eagle Road and Ustick. That is a big intersection that we go into quite often with Station 3, to either head to the freeway, to head south; even to head north we use Eagle Road. That does not have Opticom on it. It is going to cost us more to put Opticom because it's an existing intersection and we will have to either do it at night time or possibly on weekends to do this. So, it will cost us a little bit more to do Eagle and Ustick. We will have to bring in flaggers or we will have to bring in those trailers with the arrows that point the traffic to one lane. So, that intersection will cost us a little more to do. Pine and Locust Grove will be going in. Franklin and Ten Mile will be going in. Meridian and (inaudible) will be going in and also it seems like Ada County sneaks another intersection on us without us knowing it. So, what we have put in for a contingency would be $22,000 for Opticom. Bird: Mr. President. Nary: Mr. Bird. Bird: Kenneth is that just for the Ustick and Eagle — the $22,000, is it? Bowers: No, that is $6,200. Bird: Okay, that's what I though. Bowers: $4,000 for the other intersections. Bird: Okay. Maybe we can — Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just a question, Chief. Pine and Locust Grove is scheduled to be completed in ACHD's budget? Or, is that Franklin and Ten Mile — are they both scheduled to be completed this fiscal year or excuse me, next budget year? Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 53 of 156 Bowers: From what I understand, I have talked to them and they say that next year, June or July or somewhere around in there they want to do those intersections. Now, I don't know, you know they change quite often, so I am not positive, but that's the last word I had and three months ago, I think it was in the Statesman they had their plan made out for next year and those intersections were in there also for next year. De Weerd: Kenny, was not Franklin and Hickory also included in '05? 1 don't see that listed on here. Bowers: Madame Mayor and Council I didn't get any information on Hickory at all. Nary: You mean Fairview. De Weerd: Fairview and Hickory. Bowers: Fairview and Hickory? No, I didn't receive anything on that. De Weerd: Bruce Mills came back and told us that Fairview and Hickory was scheduled for '05. Bowers: Well, I got that one contingency under section already put in there, so that would take care of that, but then if anybody else comes in — like what they did they — this year they came and are going to do Chinden and Meridian, just out of the blue they decided to do Chinden and Meridian. So, 1 purchased Opticom for that and probably in the next month or so. We also got trapped under the one that Pine out by the new school. I am not sure what that road is there that comes out of the new school. They put that one in last year or this budget period, so we kind of got trapped by two of them. Bird: Mr. President. Nary: Mr. Bird. Bird: Kenneth I think the main thing and that depends on the Mayor, the Council and yourself, your administration that we need to look when these things are coming through for approval and stuff and if we see where there is going to be a stoplight, let's get these developers to kick some in and they will be glad to do it I am sure, if we do it upfront and we just need to be more observant ourselves, the Mayor and the Council and your administration. We really need to pay attention to it. Bowers: Madame Mayor and City Councilman, Councilman Bird when Deputy Chief Silva goes through those transmittals. He puts right on there and that's our comment number thirty. Somewhere our comment number 30 is if an Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 54 of 156 intersection is put in by these developers they need to put Opticom on it. So, we have missed a couple, yes we have. We have missed a couple, but right now it's number 30 on our comment page, I believe. Bird: Good. Bowers: Yeah. Okay? Maybe I missed that night or something that Bruce was talking about Hickory and Fairview, but — Nary: That was my recollection, Chief that Mr. Mills from the Highway District indicated because there was so much increased traffic and increased interest in Fairview and Hickory that they were going to move that light up and they had funding to do that, but I guess I didn't see the article in the paper about their planned projects, but I don't — I really don't see Pine and Locust Grove being developed within a year — Bowers: Okay. Nary: -- to punch all the way through. Because I thought the intent was to get that so that by the time the overpass was done, which isn't until '07 then it would be all the way through. I guess I am skeptical that it will get done next year, so there may be money available for Fairview and Hickory with that one that's for Pine and Locust Grove. De Weerd: Well, they are trying to get ITD to bump it up to '06 and so they want all the landing road ready. So, I think it might be scheduled for '05, so I believe that Kenny is correct. Nary: I just said that I was skeptical. De Weerd: We just got the update — Bird: No, I think Locust Grove is going to go through from Franklin to Pine in '05 and we are not going to get Pine through, don't get me wrong there. Nary: I was just skeptical, that's all. Bowers: They have to move a power pole at Locust Grove and Pine, too so it might be awhile. It might be awhile. Or they might want the Rural to pay for that (inaudible) 1 don't know. Wardle: Mr. President. Nary: Mr. Wardle. Meridian City Council Specia[ Budget Workshop Meeting July 13, 2004 Page 55 of 156 Wardle: ,lust to clarify, Mr. President from the ACHD meeting yesterday that Locust Grove was not going to go all the way through on the north side of Franklin, it was going to and then jog over to the current road until they can get the railroad crossing done. So, it won't completely go through it will jog over on Nola. Bird: They have already got the (inaudible) road to Nola in there. Bowers: Okay. We will go whatever we need to do and we will get what we can; whatever we can we will get. Any others then on the Opticom? Enhancement number 5, we would like to purchase a hose repair piece of equipment. What this is is when we get a hole in our hoses to repair them — right now we take our hose that needs to be repaired to Boise or to Nampa, both ways to get it repaired. If we could do it in house it would cost us $3,000. What this is is the hose you take a steel ring and go inside and just slide the coupling over it and it clamps it down on the ring and if we would be able to do that in house that sure would save us some time of running back and forth from Nampa to Boise on that. Okay, next slide. This is some additional cost that we have found out that we were going to have to do. We have discussed it many times. We finally got some prices for it. For a medical control doctor for our paramedics it will run us about $25,000 a year and what he will do is he will go through every medical run that we have, make sure that we are going by his standards because we will be working under his license, excuse me his or her license on that that we will be going by Ada County standards and also the State standards and what he does is he pulls all of our runs and makes sure that we have done defibulation right, CPR right; basically backs us and we work under his license. Nary: So, Chief on that $25,000 that is a contract, right? That's not an employee. We will have to have that person under contract when we begin the program. Bowers: We can hire paramedics, but they cannot work as paramedics until we bring on a medical control doctor. Nary: So, since we are talking about starting them in September, but we are still doing training that actual expense wouldn't have to start until they actually went online? So, like December when the station opened? Bowers: We would need this person from my understandings before we go in and ask for a license and apply for a license. We have to have a medical control doctor. Nary: But, we could control that cost by putting that into the '06 budget rather than having to have it in the "05 or at least the one month amount? Bowers: Sure. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 56 of 156 Nary: We wouldn't be doing that right off the bat, anyway. Okay. Bowers: And possibly we could team up with the other medical control doctors. Boise has hired one now and Nampa has hired one, so maybe we could team up and co -exist with them somehow and use the same doctors. Nary: I don't see that the doctors giving us a discount because they have got a bunch of different departments do you? Bowers: Probably you are right on that. Nary: So, that was $25,000 for the equipment? That's an annual cost? Bowers: No, this would be a one-time cost for the drugs, for new defibs, all the equipment that goes on to become a paramedic. Now, we have discussed it with Nampa and what they say is it costs about $10 average per call to re-equip and engine. When they go out on a call it takes about $10 to re -equipment your truck. So, if you use a drug or use a band-aid or use something it usually costs about $10 a call. Bird: Mr. President. Nary: Mr. Bird. Bird: On these supplies that we are supplying like this now, Kenneth, if we are the first paramedic out, do we get reimbursed for some of that. I know as now that it would just be an EMT that — unless the firefighters happen to see something in the paramedic that we've used that they can get it back, but don't insurance or something kind of reimburse you for that stuff or am I thinking about something else? Bowers: To my knowledge, Councilman Bird we would not get reimbursed of that. Right now exactly what you said if we use a C-collar or something we go in the ambulance and take it off and then they charge the person for that. Now, drugs and different stuff, I don't know how that works with the paramedics. I am not sure how that would work out through Ada County EMS. Possibly, we would be able to get it back from Ada County paramedics and then they could bill for it. Well, that would have to be looked into very close. Bird: That's something that we could definitely work out. Bowers: Yes. Bird: Ten dollars is pretty cheap. They have a paramedic on first line. Meridian City Council Specia, Budget Workshop Meeting July 13, 2004 Page 57 of 156 De Weerd: Currently, the material's that the paramedics on the ambulances and what they use is ours and they do not replenish them. Bowers: Madame Mayor, would you repeat that? De Weerd: If they use what we use on their calls, what are our firefighters are using, they as I understand it they bill for it, but they do not replenish our supplies. Bowers: Madame Mayor our firefighters on that medical call are supposed to go in that ambulance and pull that equipment off and to restock our stuff. Sometimes that don't happen because that ambulance is leaving so fast and gone so fast that they don't have that chance, but they try to on any call to restock our bag before the ambulance leaves. Now, drugs and stuff 1 don't know how that would work because once you open a vial, I mean, it's probably gone and so I am not sure how that works. Nary: Chief, this is probably a dumb question, but is there ever a time since our fire district is so large that firefighters respond outside of the district because of a need? Bowers: That is — Madame Mayor and City Councilman, Councilman Nary, yes we have done that. Sometimes now we have got called to Kuna because all of Kuna's trucks have been out on calls, so we have headed that way, but most of the time we get canceled before we get on the call or we have went to Star. Very seldom, if Station 10 and 11 are out for Boise on Cloverdale would we get a call in there because they have °4's" and other stations to take, but it could happen. Nary: I just wonder going forward as we get this service online, I understand we probably are not going to receive reimbursement from the people within the fire district, who are already paying taxes for this service, but we when respond outside the district, even under mutual aid, we should probably look at recouping that cost, I mean we are not recouping the cost of the firefighter or the vehicle to get there but at least for the cost of paramedic service we may want to look at how do we track that, account for it and bill back for it because those people aren't paying tax payer dollars to have that service. That might be something to look at in the future if it becomes very common. Bowers: Exactly. Thank you. Next slide, please. Madame Mayor, City Council members, Stacy just told me that by the medical calls that we went on last year to re -staff, restock our engines would cost about $14,000 from our medical costs. Bird: At $10 a call? Bowers: Yes. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 58 of 156 Nary: Chief, on this particular slide, I mean I think this goes back to the Mayor's earlier question about do we need 12 or 9? Is this — well, obviously you don't have it all worked out, yet, but was it intended that that be essentially an MOU or is there a cost expenditure to this because if there is is it better to have 9 paramedic firefighters for Meridian and using that cooperative arrangement is a little less expense to our tax payers in the city and the district by using Ada County since they already are paying tax dollars for that too? Bowers: Yes. Madame Mayor, City Council and Councilman Nary last week Ada County EMS, Troy Hagen, which is in charge of that now since Mike Roberts has retired come over and wanted to discuss about putting a one person paramedic ALS unit, now I don't know if that's going to be an ambulance or a suburban or a car, I don't know. That would have to be probably worked out. That if possible they could have a unit in one person over here in our district by the end of this month. For another station, one person and an ALS unit they would probably be able to staff another station when the new budget period comes in in October for them. They cannot guarantee, of course, that these ALS units would be strictly Meridian. I mean, they might have to go to Eagle, to Star. They might have to go to other areas so they cannot guarantee us that they will be in our stations. For the positive for this, having a paramedic in our quarters would sure help us on training, too; training our EMS people. I had talked this over with the Mayor the other day and they are — excuse me — Ada County EMS would say that they would just put a person over here with an ALS unit in our station without an agreement, without a contract. They would just bring them over here. That's the way they do it in Boise, that's the way they do it in Eagle and that's the way they do it Kuna. After talking with the Mayor on this we decided that we would like to have something in writing of what they would like to pay for. Hand towels, toilet tissues and basically what they are going to do for daily duties. I mean are they just going to come and sign in and say they are here and then take off to Boise to get equipment and not see them the rest of the day? This would need to be worked out. They are planning on coming to our rural meeting Wednesday night when we have our budget hearing and just sit in. Just sit in and listen. They are not — if there is questions we can ask them, but we don't have them on the agenda or anything like that. But, they said they would like to just come in and sit in and be present when I discuss this with the rural commissioners. I thought this would be a good place, good time to bring it up to the Council. It's working out very well in Kuna because that ALS unit and that person stays in Kuna until he gets a call. But, I don't know what they would do with our station because they are so close to Eagle, so close to Star, so close to Boise area, would they go that way? I don't know. Bird: Mr. President. Nary: Mr. Bird. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 59 of 156 Bird: I will ask you seeing how that you probably know. How is the joint EMS firefighters working out in Boise where they are staffed together at this fire station? Nary: There is only one station in Boise that has that. I think it's Station 3, which is over off of Geckler, Chief? Bowers: Yeah. Nary: From my experience and from what I have seen 90% of the time I'd say it's probably fine. There haven't been a lot of issues. Occasionally there are issues. Usually it's living arrangement issues, it's not really service issues. Now, Chief and Deputy Chief Silva may have other knowledge and experience. There are some issues because obviously, you have got male and female paramedics. So, you have got to covert your stations to make them more accessible and we have had some issues on occasion. Like I said, for living arrangements, but I don't know that service wise, I guess you folks would probably know better than I would. Service wise I don't have a lot of knowledge or background that that's been a problem, so — Bowers: Madame Mayor, City Council, Councilman mean, some days the administrative think it's good You talk to people in the field and man it's working You are right they have one in one Station, I think, they are all by their selves. Correct? Bird: Yeah. Nary you hear both sides. 1 and the next day it doesn't. great and the next it doesn't. number 3. 1 think Station 5 Nary: Yes, that's a training facility from what I understand. It's probably better, I think the Mayor is correct in having some sort of expectation of agreement because I think that's part of the issue sometimes is that there is no real concrete basis as to what is everybody agreeing to and how we man this, how we staff it, how it's operated. So, I think in the long run it's probably better to do that -- it's certainly nothing wrong to start off as somewhat of a pilot to see that it can work and work out an agreement, but I think it is probably in the long run it needs to get done. Bowers: Yes, exactly. You know, they have been telling us for four years, five or six years they are going to be over here and now all of a sudden we are talking about paramedics and they are showing up at our door. You can take it as it is. Mayor and Council, Chairman Green would like to have a word. Green: Madame Mayor and City Council members I would just like to address the issue of 12 verses 9 in reference to this. I would be somewhat concerned if we went with the 9 and it's not that I don't understand the money. It's the level of service. If we have nine medics and we only staff certain stations and we end up f f _ Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 60 of 156 depending on this to cover the other area and they are out someplace else because they have been called to another area, then to me there are going to be certain patrons of ours, customers of ours that may not get the same level of service as the stations that have the paramedic and I wouldn't want to see us get into a thing where we have different levels of service, you know, for different people depending on where you live in the response area. Am I making myself clear or — the Mayor has that look of confusion on her face. Oh, okay. I wasn't sure. I can't see you up there. I am somewhat vertically challenged. Thank you. De Weerd: You are short. Green: I know it. But anyway, I think that's something that should be taken into consideration that everybody gets the same level of service for the tax dollars they are paying for. Nary: I would agree with that comment. That I think if we are going to begin this program, I think we need to not necessarily rely on essentially a pilot program to really fill that gap. Now a year from now or two years from now if that service is continually we find it to be a very reliable agreement and it works very well, we may look at that as attrition occurs that we don't necessarily have to fill it behind that to keep that same level of firefighters because we will have this service there. I would agree with you at least at the outset it doesn't seem fair to say that if I lived in the western part of the district, I don't necessarily get the same services if I lived in the southern part of the district. I don't disagree with what you are saying. De Weerd: Chief, I just wanted to also clarify where this unit would go is they would be converting one of the conference rooms into living quarters at their expense. So, it's not like we are adding a bed to our firefighter's current situation. They will be using the conference room and converting it into their living quarters. So, there would be a separation whether the paramedic would be a female or a male. They do have their own living quarters. Bowers: That's correct and they would pay for bringing in their own phone line, also their own computer hookup, the whole works there. They would have to incur that cost. Any other questions on this? Do you want us to proceed, basically and talk to them some more? Start working on a contract? De Weerd: Bring them on. Bowers: An agreement? Bird: Bring it on, buddy. De Weerd: An agreement. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 61 of 156 Bowers: Okay. Bird: Mr. President. Nary: Mr. Bird. Bird: 1 got one question, Kenneth, on the paramedics (inaudible). I don't see where you have got some replacement computers, but I understand we got some real computer problems between stations. Now is the time to get it fixed. Is it going to be money? Do we need to get computer people in here and get it done, or what? Bowers: Madame Mayor, City Council members, Councilman Bird I believe that a lot of the problems can be handled with Ada County that's supplying this equipment and man I don't know what the process is called. I don't — Bill Johnson has been involved with that. This program that they are doing, VMP or VPM and I think most of our problem is if we could get Ada County over here to help us out on that and then Terry has discussed with Ada County several times too on different problems and it just seems like we are having a problem getting Ada County over to repair this. I don't think there is any money involved other than the WAN or whatever you want to call that program. (Turn tape over). Bird: (inaudible) to make a phone call or two. Bowers: As soon as Bill Johnson gets back, we will work with the Mayor and Terry, maybe we can all kind of have a roundtable and decide what the problems are. De Weerd: You guys can all get together, identify the problem and I will make the phone call. Bowers: And we will bring them to you. I am not sure if we got a next slide on that or not. Nary: Council, do you have any more questions for the Chief or for Mr. Green? Bird: I don't. Bowers: Was that 10 minutes? Nary: It was just about 10 minutes. Thank you very much, Chief. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 62 of 156 Bowers: Thank you. I appreciate your listening. I know you have more questions probably through the day. I sure will be around and if I have to track down Rich I can do that, too. Thank you very much Mayor and Council. Nary: Council, I think we are kind of waiting on lunch and we were hoping to sort of work right through that. We can do Ms. Kilchenmann's, I guess. Bird: I don't know. Have we got a lot of time allotted for administration? They are the ones asking for all the money? Kilchenmann: Is Charlie coming? Nary: Yes, he should be here. So, maybe until lunch gets here, we can go ahead with — do you need a few minutes change something out? Kilchenmann: Yes. Finance Nary: Sounds like Finance is going first? Kilchenmann: We have been talking a lot about police, parks and fire and this afternoon we will talk about Public Works. So, we talked a lot about the programs that provide direct services, but on the administrative side is we have talked about the growth and adding new police officers and adding new firemen and new buildings and locations. We have more customers, we have population growth and that increases the burden on the administration's staff, which is Clerk, HR, Accounting, we have more payables, the Clerk's office has more to process, HR has more people to process, so we are kind of switching gears. We are going to look at the fall out of all the growth and adding new people and adding more equipment to track and so forth. I am just going to address two areas, one is utility billing and one is information technology. Just as a little background on what utility billing does. I wanted to kind of explain some of the functions they do besides just take money over the counter and process receipts. We are now preparing billing statements twice monthly and we are up to 16,000 customers and that means every two weeks, 8,000 bills have to go out and they get tons of phone calls from customers inquiring about leaks, about questions on account status, so any questions people have about utilities don't go to wastewater and water treatment they go to the utility billing people and they process direct payment requests, which turned out to be rather timely or take a lot of time to do rather than saving time. Another area that has just shot up is processing Title Company closing requests. That means when there is a closing and the title company needs to know the amount or an estimate of the amount due for utilities and that's about 30 to 60 a day and then after they ask for that estimate then they have to go back and handle that again when they are seeing what the actual amount was, so they may have to issue a refund and they do service orders, Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 63 of 156 which are final reads for properties and billings the properties have been sold or the renters have moved and then a biggie is conducting two delinquent water turn off per month and that is the kind of — that figure you see on the right they deal with that kind of customer for a couple of days. Then in trying to make customers happy, we make payment arrangements, they have to do delinquent account collection. They do the third party rental agreements for property owners. That's time consuming. They open at least 16,000 pieces of mail per month, write the check numbers on the billing statements, (inaudible) run calculators, enter and do deposits. Then we have a lot of things that are manually billed, which is time consuming: SSC dumpster, false alarm fees, water meter rentals, reinstall fees and NSF fees. As I mentioned before they do the refunds for title companies, they do closing adjustments, which customer credits, etc. Since we are doing two billing cycles that requires closing both billing cycles and then closing the month so there is a reconciliation process with the county, month end reports review, connect and disconnect accounts, set up new dumpster accounts, balance two cash drawers daily, scan all the checks and then they do mountains and mountains of filing. Kind of like Bill showed you earlier, we have that same kind of filing. Our customer base just keeps growing. 1 mean it just steadily grows every month. These are a couple different forecasts. The actual and then using three different forecast models, but whichever forecast model you use you can see that the growth isn't going to stop. So, in looking at how do we handle the growth and still provide customer service without just throwing additional staff at the problem, we split the billing cycle, task reorganization, implemented direct pay, which turned out to be probably more work than it saved, but it's also a service that some customers really felt adamant that they wanted — De Weerd: We made a lot of people happy? Kilchenmann: Yeah. We redesigned the office and the front counter. We redesigned the delinquent notice and we just have the new billing statement about ready to go out that contains more information. But, we are still having a problem and the reason is is that we have a large, large volume of small transactions in addition to some of the other services that we need to do, especially like the title company assessments. So, what we would like to do is we still have a sixth vacant position open. We would like to transfer the money from personnel to operating and utilize the lockbox service. What a lockbox service does is they just hire people that just sit there and open mail and enter it, open mail and enter it. Then we do a download every day. They deposit it to our bank and we do a download everyday and enter the information into our computer. Some things they won't enter like multiple payments for apartments, etc., missing account numbers. We will still have people coming in and using the night deposit and doing payments over the counter. The City of Boise licenses lockbox service and they are really happy with it. They use one that's in Seattle. The person who does our billing services wants to get into this and so we would Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 64 of 156 actually utilize them and they are just in Caldwell. So, by doing that transfer of money we would save $7,000. Bird: Mr. President. Nary: Mr. Bird. Bird: Can I interject here? Stacy, you say we are saving $7,000. How are we — are we eliminating a position? Kilchenmann: Yes. Bird: That's what I thought I heard you say, but I wasn't sure. Nary: The total amount of the expenditures (inaudible) $25,000? Kilchenmann: Yes. Nary: Don't we have to bid that service then? Kilchenmann: We probably should bid it, yes. I mean, we should bid it yes. De Weerd: Before you do it. Kilchenmann: Yeah, we use the quote from that other company and then added some on top of it just in case. The second utility billing request is to upgrade to the sequel version of our Caselle software and to add an AR module. So, I will discuss them separately. The reason we want to upgrade is the current -- I am nervous because Terry is behind me now and I can't just make up buzzwords as if I know what I am talking about. The database is Access and it doesn't have the capacity, the sequel version has, plus there is a problem that you know we talked about a year or so ago, where we can't track the transaction to the particular user. So, this is something that we could overcome and the biggest reason is that the database has a lot more capacity and because of the way that we are growing in the city, we need to do this because we are just not going to have the space on our database and we actually, originally started this we were going to upgrade our accounting software for the same problem, but Terry was able to find a fix and we got around accounting software and the accounting software upgrade would have been like $47,000 and we could have crashed and not been able to do payroll, the most important function that we have, so he got it fixed around that, but we can't do that with Caselle. Speed and efficiency will improve. More users can be on simultaneously now that billing is a part of accounting. We have several people in accounting that are on the software and also water uses the software and it's better manageability, it can integrate with other applications easily. The AR module section is — Reta is going to jump up and cheer for this. What we would like to do is enter all of the City's receivables Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 65 of 156 in a central location, have one database of city customers. We get checks going every which way and we get checks here that maybe utility billing thinks are for utility bills and they don't have any way — if somebody else has billed them they are in a separate database and they get applied to the wrong account and it just would be so much easier if you could just pull up and find all the customers in the same place. De Weerd: Stacy, so in essence this would not be a stand-alone program? It can interface with throughout? It has that interfacing capability to communicate across departments? Kilchenmann: No. I mean, they can. I am not sure if I understand — De Weerd: So, right now you can't — MUBS and Accounting are two separate --? Kilchenmann: They are two separate packages — De Weerd: -- and this would merge --? Kilchenmann: They would still be two separate packages, but what we do every month is we just take the summary of the data from Caselle and enter it into accounting. Although we can get on the Caselle system. Cunningham: Actually, what it would do is right now we were doing AR's here in accounting, so Cathy is actually billing out and then MUBS is doing billing out now, so we will actually centralize it. MUBS will handle all the AR's and then from what I understand is the module does interface with their billing program, right Terry? Do you know much about it Terry? No. But then — so right now we get money in and this has happened with some of our customers. We actually — MUBS gets money in and they don't know what it's for, they send it back to the customer and come to find out, it was one of Cathy's AR's just right here down the office. So, if we have — we eliminate all the separate AR's, we just have one AR, which would be in MUBS, which that's what they are already doing is AR. The same with Public Works doing their separate billing; we have police doing their separate billing. We are going to bring it all into the MUBS Department. Bird: Mr. President. Nary: Mr. Bird. Bird: Is this — because I have been told since we got Caselle that we probably didn't buy — we got sold a bill of goods is what I understand. Is this worth spending another $24,000 to update it or is there something that we should be looking — if it's not going to interface with everything within the city like the Mayor just asked, I mean why throw another $24,000 on something that's just a partial fix? I haven't — to be truthful to you, I haven't heard much good on Caselle from Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 66 of 156 our employees of it being very friendly. I am just asking is there or Is this something that will last another four or five years for us or are we going to have to upgrade every year or what are we going to have to do? Kilchenmann: I think — I actually looked and I forgot to tell you when I did the mail thing I also looked at like buying mail -sorting equipment and it's very expensive; you have to be really large to be able to make that cost effective. When I looked at some of the other utility billing systems, it's very common for an AR system to be a standalone system, just because it handles such a large amount of data and it would cost us hundreds of thousands of dollars to upgrade. I think with this sequel version it addresses the concerns that we had. We will also be able to have — if we do the Wide Area Network and so forth, we will be able to have, well like Water already does use it and we will be able to have more people using it for information. Not necessarily entering data, but being able to bring it up and look up streets and so forth? Bird: Okay. Thank you. IT Department Kilchenmann: Okay, the next area that I am going to talk about is information technology and we have our IT Administrator, Terry Paternoster and our IT intern from Meridian Charter School, Sean, who is great and we are going to have him drop out of high school and just work for us. Just wanted to talk briefly about some of the things that our IT Department of one and is trusty interns have accomplished since we started. They formed a citywide information technology committee, which has been a tremendous resource to involve all of the — the whole city by having a member from each department. They are very active. They meet monthly. They just completed a strategic plan. They work together to prioritize projects and decide how they are going to use limited resources and through that committee they came up with the recommendation to purchase the WAN that Chief Musser talked to you about earlier that — after they decided that that was really what the committee's priority was. We have centralized purchasing which has allowed us to make our purchases in bulk and resulted in substantial discounts. We have maximized resources by shifting computers and matching older computers maybe for people that just use email etcetera. We have standardized hardware and software purchases so we are not having somebody purchase the Cadillac and somebody else purchase the Aspire, or whatever that car is called. We also — I didn't have this on there, but Terry also went through and got our licensing up to date, so that we are not doing anything illegal now. We can track all that. The system was secured to protect — De Weerd: Don't print that. Kilchenmann: I am not saying that we were doing anything illegal, but now we know we are not doing anything illegal. We secured the system to protect Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 67 of 156 against internal and external theft and actually when we had our Jefferson Wells when they did the IT section, he was very impressed with the things that Terry had done with our system. Standardized email Fiberpipe; set up VPN between fire department locations, which I don't know what that is. But, I think — you had a question about it, Keith, that if you want Terry to address that later he can that with the Fire Department. We changed Internet providers to speed up our access at no additional cost. Worked with the Meridian Charter School. We have had two interns now. Terry, actually, has gotten involved with the school and served as a judge in a contest that they had with the school and think he has developed a good relationship with them and they have been extremely helpful to us. So that has turned out to be great. We have our summer Meridian Charter School intern behind me for afternoon helpdesk and work on the web. We have worked a lot with the different departments on web page information. Terry set up service for GIS, Parks and Laser Fiche upgrade and the web link install and implemented the remote administration help desk tool to save time in driving from department to department. If you look at the growth in city staff, this is what I referred to before. This is all city staff; you can see it just doesn't stop. We have 145 workstations, approximately; 12 servers; 7 different operating systems; 190 computer users in nine separate locations. This is just too much in growing. We talked about the things we are adding and the locations we are adding today or that we will add next year and it's just too much for one person to do all this. Some high value projects have been neglected. Terry is capable of doing software development, which he doesn't have time to do. Networking the departments together; user training is something we really haven't been able to work on; database programming, security and database management; long- range planning, which is just going to be essential and participating in the capital improvement plan development because as you can see that a lot of these things like the police — the things that they ask for are all becoming more technology intense. So, we are asking for an information technology network specialist and I put the total cost there, but this is split with Enterprise Fund, so that the impact to the general fund is actually half of it. With that particular position will be doing is provide routine maintenance of computer hardware; provide maintenance and trouble shooting for imaging server; manage security; review error logs and plan for software upgrades; test software and hardware before deploying into a life environment; be available for onsite service and support, so run around the city; assist with installation maintenance and manage a WAN and assist with user training. So, some of those costs are like one time for their desk, although I am not sure where they are going to sit. Maybe they will just sit in the car. The final piece that we are asking for is an intern request and this is to hire two high school interns just to work on and maintain the website and then other projects as needed. We originally when we asked you to do this for this year we had just asked to move the money down as an amendment, so this is asking you to make it to permanently develop a program and like I said, I think it's been very successful. So, are there any questions? Bird: Mr. President. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 68 of 156 Nary: Mr. Bird. Bird: Employee training development, that's — what's it called? Nary: Aspire On. Bird: Aspire On? Kilchenmann: That's HR. Bird: What's the $47,000 here? De Weerd: We are only talking finance right now. Bird: Oh, it's all on the same budget. Nary: It's all in the same section, but if you notice, Mr. Bird, there are the different ones on the side and tells you which department wants it. I think Ms. Kilchenmann was doing the finance stuff. Bird: I see. That's in HR. Kilchenmann: But, they are right here ready to be harassed. Bird: I got to be able to harass you, first. That's okay. I got enough coming from the Mayor. Nary: Stacy, just for the record, I guess, I noticed there isn't the cost of the IBM notebook for that IT Specialist, which is about $1,000 more than the other enhancements that have requested just simply laptops. What's the difference? Or maybe Terry can help? Kilchenmann: Mr. Paternoster will explain that. Paternoster: What was your question? 1 didn't quite catch that? Nary: Well, I noticed for the IT network specialist it said they need an IBM notebook that's about $2,400. In the other departments they have requested a laptop as either a replacement or an enhancement. It's about $1,400. So, I didn't know why — the $1,000 what's the difference? Paternoster: I think that if they followed the budget recommendations that I made — De Weerd: Those were tabletop computers. Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 69 of 156 Nary: Oh, those are desktop computers? De Weerd: Yeah. Those were desktop. Bird: The police had some laptops for $1,440. Nary: Those the ones for the cars. Maybe those are for the cars. Paternoster: I think the ones for the cars cost about $4,000. Bird: I was going to say, those in the cars are more expensive. He had some laptops. Nary: In the police section towards the back, they are all listed at $1,400 Cunningham: Actually, the desktops are $1,400 and then the laptops — Nary: Oh, I see there is one there for $2,430. Oh, 1 got it. Okay. Thank you. Terry, one other question on the 1T person. I agree that there is a necessity to have an IT person. I guess — is the network specialist a little too narrow of a field that you are looking for or is that really to allow you to do something differently, not focusing on — is that more of an internal function and you are looking at more long range functions and those types of things? Paternoster: Well, what I did Mr. President was I actually contacted other cities within the state that were of comparable sizes, mainly Coeur d'Alene and Twin Falls and I determined what type of positions they are currently using and what those positions are. The actual position I am looking at is basically that help desk support/network support person that both of those cities use as far as employees and job description and just basically took that to move forward. Nary: Great, thank you. Council, any other questions? Bird: I have none. Nary: I guess we are still waiting for food, so Mayor do you want to talk about yours or wait until we have eaten something? De Weerd: We can go ahead and go into mine or into the rest of them. Nary: Or, City Clerk. Kilchenmann: Mayor, do you want Terry to talk about the WAN while he is sitting here? Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 70 of 156 Paternoster: Do you guys have any questions about the WAN? De Weerd: I don't know if anyone has any questions about the WAN. Nary: The what? Paternoster: The Wide Area Network. Nary: That might be helpful because everyone (inaudible) so that might be helpful to have a little bit update. Bird: Yeah, 1 kind of would like to know what it is. Paternoster: Well — De Weerd: Thanks for asking. Paternoster: Madame Mayor, members of the Council what the Wide Area Network is really going to provide for the city is to allow us to have communication throughout the city instead of being isolated by individual departments. Right now, since we have nine locations each one of those locations, you know, per se, is pretty much autonomous and independent and (inaudible) location within the city. The problem with that is that often times when information is needed, somebody has to either run to another location, pick it up, it has to be emailed or there has to be other methods to gather that information, which in turn turns out not to be as effective for serving the public and providing enhanced communication. What the WAN really is is it's basically kind of similar to a local network and the fact that we have individual computers at every location here at city hall, but those computers are all essentially tied together. What the WAN ultimately will do is it will tie together all the departments of the city so that we are on a single network structure. You know, one of the major benefits at least from an IT perspective is that right now there is a lot of time and effort spent to maintenance, you know, between each one of those locations because each one has it's individual network structure instead of being connected to a core network structure which in turn ends up meaning that we end up doing work often times over and over again at different locations because it's not centralized and structured. Other benefits that will be derived by this WAN and have this connectivity is that when we continue to add applications, you know like the utility billing stuff that Stacy mentioned, you know and like the GIS and email is that we can have that inner communication that can take place across — you know throughout the city verses purchasing an application, only being able to utilize it's functionality at one location. You know a good example of that right now is the Laser Fiche. Right now the city has purchased two Laser Fiche installations. We have one at city hall; we have one over at the Police Department. Each one of those installations cost tens of thousands of dollars to purchase, where as we could have avoided one complete purchase by having a Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 71 of 156 WAN in place because we could have been able to optimize the technology already currently owned in one location and utilized it in another location within the city. The main thing about this WAN request is that what we are doing is that we are requesting a wireless network. How other cities often handle their networks is what they do is they lease T-1 lines, you know, from like Qwest or from Time Warner to create that connectivity between locations. But, after doing an analysis 1 was able to determine that the cost of leasing T-1 lines would actually — after leasing T-1 lines for three years we would have actually paid for the cost that we are going to have for a wireless WAN. But, with the wireless WAN that we are requesting is our speeds will actually be about 45 times faster than that of leasing T-1 lines, plus we don't have the continued cost other than paying like $5,000 a year for maintenance. So, there is some considerable cost savings by going this route verses leasing T-1 lines. Bird: Mr. President. Nary: Mr. Bird. Bird: Terry, hopefully within the next couple of years we will only have three outside building — one main building and two outside buildings for this? Will this stuff be able to be brought in-house like -- I mean, I realize we will lose a lot of the lines that we have now, but it's something that we can incorporate into a new city hall and --? Paternoster: Absolutely. One of the greatest benefits of going with a wireless network is it's very extensible as far as moving it and mobility. You know, basically that the way that the structure has been designed when we hired a consulting company to come out and perform a site survey and determine the feasibility of putting in a wireless network for us was that each individual department basically has it's own single antenna that is going to be pointing to a central location, which at this particular point the location that we are planning on using is on the waterpower and so even though city hall might move locations, the location of the wireless network only has to move for city hall, which means that the cost is probably about $1,000 to have the move take place. You know, between moving city hall locations from this location to another location, another one of the core benefits is that although you know Public Works and Planning and Zoning and city hall and I don't know, maybe Park's Admin might go to a central location, we will still have remote locations like the Water Department, the Wastewater Department, the Fire Department will keep adding — the Police Department. So even if like Public Works and Planning and Zoning end up moving into city hall, when that new building comes online, we will still be able to use that antenna at let's say one of the new fire stations that comes online and we will be able to just move that technology to that new location, set up the installation without having to invest in additional hardware. So, it's very extensible. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 72 of 156 Nary: So, I guess on top of that then for the cost of Station 4, for the Fire Department then there would be an increase cost for the hardware for that facility, right? Paternoster: There would be about $5,000 that would need to be appropriated to pay for the equipment needed to include them inside the wireless network and I think (inaudible -------------). Nary: Any other questions, Council? Berg: Mr. President. Nary: Mr. Berg. Berg: I would like to address you a question of lunch, since I had a miscommunication and didn't understand the situation. We do not have lunch ordered yet. I can order and you can continue on or we can just break and go somewhere real quick or--? Bird: Let's stay here and get something to order and let's get this thing done. We will work through. Shaun, Bill and Tammy are the only ones I have to worry about starving to death. i have got enough fat that I can go for a few days. Nary: Let's take five minutes, Mr. Berg and let's figure out what we want to do. FIVE-MINUTE RECESS. Human Resources Nary: We can go back on the record. It's 12:40 with the presentation by HR. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: Well, it will be in cooperation or collaboration. As you all know, we do have an opening right now that we are working to fill and I first want to express my thanks to the HR Department. Nancy Nash has been with us just over one month and I believe all of you know Audi Clinton. They have been running this department as a team and they have done a phenomenal job. We have hired the new Police Officers, they have listed a couple of openings and I don't think there has been a noticeable gap and they have filled in very well. I just would like to express my thanks to you. You have been a great team and asking them to do the HR presentation probably is really above and beyond, so we won't put that on their shoulders. But, I would like Nancy to update you as far as — as you see there is an enhancement request for the performance evaluation l ' f. Meridian City Council Speciai Budget Workshop Meeting } July 13, 2004 Page 73 of 156 of $5,000. That is a result of what has been initiated already in this budget year and they are starting with a values team and I would like Nancy to maybe speak to where we are at in that process. Nash: I am not familiar with the process, so this is kind of like death by fire. De Weerd: Well, aren't you used to a fire? Bird: Learn under fire. Nash: Yeah, I usually do. This year as all of you know, I guess we have been participating in some training through Aspire On and there is money in the budget for continued training. There is a couple of different classes that are going to be offered from what I understand and again, pardon me I am not well prepared for this at all. I am winging it. So, I will take help where I can get it. So anybody who can chime in and give some help or some — correct me if I am wrong on things, I will appreciate that very much. There are some coaching and some strategic management classes that are planned for October and January delivery and those are part of the budget that you see there — the dollar amount. I did not have a lot of time to look at this to verify the amounts that are budgeted or actually delineate them and figure out exactly what is proposed here. So, there was so much that was done previous to my coming on board. So, can anybody help out with Aspire On? De Weerd: I will help out on that, Nancy. If you will just kind of give them an update on what we are doing in the steps to improve our employee evaluation performance. Nash: From my understanding there is some performance evaluation software, which is going to run about $5,000 and that should help to make the performance appraisal system more efficient, more streamlined, more consistent and certainly a lot easier for the managers, directors to work with that. Right now when I look at the performance evaluations, they are pretty cumbersome type of process there. So, the hope is that it will be more efficient, take less time, and be more encouraging for people to use that software to get the performance appraisals done. That is an issue. Getting them done in a timely manner and I think because what you have right now is a system that takes quite a bit of time and it's not real user friendly. De Weerd: What you have in front of you on the enhancement request is $15,000. It has been reduced to $5,000 because we did when Pauline initiated this process, we had three different options and in talking it through we did want to really tie it to the values that we set earlier this year of the customer service, accountability, respect and excellence in care and so right now we have a carotene or a value's team put together and they are going through some exercises in defining behaviors to the values. That exercise will be used to Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 74 of 156 create this performance evaluation form, which is the $5,000 resulting action. Nancy has been helping with the value's team and the exercise they are going through right now to get to the behaviors by department and classification so that those performances are tied to something that we are trying to accomplish with our mission and our values and accountability to those. With the Aspire On training, you see a breakdown as to what is being proposed. Now this is a continuation of what was started even in the last budget year is ongoing and this budget year where you had first your senior leadership that went through a process, now they are doing the training or the performance catalyst program following the additional steps and the attachment that you have to the requested enhancement on HR and I think that's for the full value. I have some of the budgeted for mine, which would cover the directors; the remaining amount is in HR that would cover the mid -management and the additional training for the rest of the staff members. So, there probably will be some savings here that we do need a director to work with the rest of this to put that all in perspective. This will cover needed continued training that we initiated last year. There is really not much else that has changed in the HR budget, but certainly if you have any questions we will work to answer them. Outside of these two enhancements we did have an HR software that you should be expecting next year in next year's request, but we wanted to make sure that it could interface and interact with what accounting does because personnel in accounting and HR do need to kind of co- exist so that the duplication of some of their efforts will be eliminated. We weren't quite there yet. Any questions for Nancy, Audi or myself? Bird: I have none. Nary: Thank you Nancy. De Weerd: And again, thanks to both Nancy and Audi they work well under pressure. City Clerk's Office Nary: Mr. Clerk, did you want to discuss your requests? When I look on here, I see the intern as the only enhancement. Berg: Yes, Mr. President that's the only enhancement. If you look at my budget it drops from the previous year, overall and I had earlier requested another position, but that's been dropped and so the only enhancement or addition to my budget is an intern to help out with some of the work during the summertime, especially when people are requesting for vacation and such that can help alleviate the workload. I don't think there is anything else different from my budget from the previous year. De Weerd: Mr. President. Meridian City Council Specia Budget Workshop Meeting July 13, 2004 Page 75 of 156 Nary: Madame Mayor. De Weerd: I guess the only question 1 have, Will, is on your contract labor. It was at the $20,000 and we have been dipping into that quite hardily over the last couple of years because of the positions or some vacancies, but now that you are fully staffed, does that need to be at $20,000 or is this Dean's --? Berg: Madame Mayor this is Dean's contract that fluctuates between the number of — the time that he spends, plus the number of pages that he prepares. That is split from last year with the Planning and Zoning, which that department takes the Planning and Zoning Commission meetings, which is all planning and zoning issues, which deals with the application fees, which is what's covered by that expense. De Weerd: So is $20,000 about what you anticipate — you were going to touch bases with Dean and get a better indication. Berg: When I talked to Dean he did not see that he wanted to increase his contract any, it just depends on if we anticipate any other meetings and it had showed that it was progressing along about the right pace. De Weerd: I do have one final question, but I won't guarantee it's final. Just in case you hold me to it. On elections, I know in the transition team report there was a recommendation to look at additional poling or at least additional signage and those have budget constraints. Do you have a recommendation on that? Berg: Well, it's the direction of what the Mayor and Council want to do, the transition team, the recommendation and if we increase poling places it can increase the number of employees as well as if there is a cost to renting that poling place as well as additional signs, which that would be a question as far as if we have to get permits for temporary signs also. So, it is just kind of an accumulated thing. No. I don't have a recommendation of such. We try to take the elections kind of out of a two-year budget ------------ (Tape turned over) Berg: -- preparation work that has to be — that can be consumed with one budget before the election and then after the election is or — excuse me, after October 1" is more the cost of the employees than the signage that you would have or any other additional cost of that. We try to take all the printing cost and advertising cost up front in the prior year budget. De Weerd: So, I guess, Council what are your thoughts on the elections and you know, I think that the frustration is the low voter turnout and that people aren't totally aware or in tune with it. When the transition team discussed it, they discussed it in terms of bringing up the level of awareness through signage and Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 76 of 156 maybe even additional poling places because there is mass confusion. Every election year you have general elections and sometimes the primary elections are at different places. The general elections and then city elections are something total else and so that's what prompted the recommendation by the transition team is to take a look at that and if not to add additional poling places at least to have better signage to direct the general public that this is coming upwards, it's the day of. Bird: Mr. President. Nary: Mr. Bird. Bird: My reply to that and I seen it in the report is you know, I can't see putting up more poling places or spending a lot more money for 16% of our voters, which is about what we get. 1 don't know what you have got to do, you can't baby sit and as you said about the school district we can't be babysitters. I don't know how much more coverage you could have got out of the Statesman and everybody else through these elections. The poling places are advertised. I think it's just the lack of citizens not wanting to vote. They could care -a -less. You know, it's a shame when 16% of the people run the country. So, I think that we put $5,000 in and if we see next year that we need to raise it — we can raise some now, but $5,000 for a year that's no elections coming is 1 would say would be plenty for me. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just a comment on the voter turnout. 1 don't think that in giving this last legislative cycle, we saw a low voter turnout there, I think that it's important to try and increase our voter turnout, but at this time we need a more definite plan and I don't feel comfortable trying to fund additionally a program that we don't have any measurable results or goals for. I think it can be something that you should probably look at in the next budget year. It's something that's important, but at this time I feel comfortable funding the current election cycle. I am skeptical as to whether we could affect the voter turnout with additional budget dollars in the election fund. De Weerd: Okay. Mr. President. Nary: Madame Mayor. De Weerd: I guess as I was on vacation I visited the transition team report and each of the directors had their response. My response from the City Clerk was it all depends on what City Council wants. So, I just wanted to know what you wanted. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 77 of 156 Berg: Mr. President. Nary: Mr. Berg. Berg: The transition team report addressed several issues and it was, I think, a lot of it geared to the direction of what the Council wanted to do in a few areas. This particular one is an issue of public awareness. But, with the confusion of where the precincts are and the districts are for county elections and 1 think you will agree that there is 92 precincts in the city limits of Boise that the city uses as does the county. The same ones. We — I am sorry — the cost of the election would just be quadrupled or even more so if we had each precinct in the City of Meridian stationed for the city elections. The other thing is people in Danbury Faire vote over at the Public Library, not close to other precincts because they cross over to go to that poling place, so some of them is because of our growth. 1 asked the county clerk about maybe re-evaluating some of those districts and locations and I suggested that because of the new legislative juristic would be nice to do some of those things, but they have not addressed that issue. I have tried to keep our precincts in locations and drawn maps accordingly to make pretty distinct boundaries without crossing over some of the county precincts because that's what they want too. They don't want to split one of their precincts up either. Nary: Yeah, 1 would agree Mr. Berg. I don't think it's all a precinct issue. The City of Boise does use the same precincts as the county. They had a very contested election last fall for both Mayor and Council and they still had a low voter turnout. 5o, you know, it isn't all about poling places. I think there is always room for improvement and evaluation over what we are doing and what we could do better. It was my suggestion a few years ago that maybe a cheaper way to address that turnout is to at least provide some better signage so folks knew that they did vote at a different location than they normally did. That's probably something that I heard the most and I am sure everybody else up here heard a lot from people is "why don't we vote in the same place"? That doesn't necessarily mean that it will be a better turnout, people do tend to vote out of convenience, but I agree with Mr. Berg. I don't know that we need to put more money into that line out of it at this juncture. I think we need to just put some more thought into what we could try to do to essentially increase some voter awareness and hopefully some voter turnout. You know, though, I don't know if we have an answer. I think people just still tend to vote out of convenience in a lot of ways too. Wardle: Mr. President. Nary: Mr. Wardle. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 78 of 156 Wardle: Just to comment on some of the things that Mr. Berg talked about. Somehow we need in the future to look at consolidating some of those poling places because I can hopefully envision, regardless of the percentage of turnout, what with our population growth that we are going to have those four poling places will become very, very busy and so we need to look down the line, maybe not this budget year, but certainly in the future set some sort of — set our sights on looking at and expanding that as our population expands. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: So, I guess what I am hearing you say is you would like to see a plan by the City Clerk to bring some recommendations to you and strategies to raise the awareness and maybe even look at additional poling places as we grow, but just more of a -- and this budget year is actually when the next set of City Council elections are so that is why the conversation is needed now. I think Will was waiting for direction from Council on if changes were desired and if you would like him to start moving towards a strategy then we can start doing that. Nary: I guess for myself that I would concur with that. I think there is probably some work and thought to be put into some strategies and when those growths should happen. I know it's terrible when people are turned away from the poling because it takes too long to vote. I think that does happen on occasion because sometimes our poling places do get congested. Not all of them, though. So, there probably needs to be some thought into how do we know when to expand because I think we have had this discussion for the three years that I have been here. I think we need to have some idea of when do we know to expand? What do we want to try to do? It's probably not going to fix everything, but I think that's probably something we could work on. Anything else, Council? Madame Mayor, I guess it's your turn. Other Government De Weerd: Okay. Well, we have other government first. I believe that Will also gave you a copy of this estimate for the city goal? I think as we looked at other governments, we also need to keep in mind maybe what the first steps are. I know that Councilman Bird is kind of steer -heading this and he would like to firm up these numbers. I guess what I would like Council to really consider is having a line item under other government at least for the initial start of cost, whatever those might be. 1 would have to defer Councilman Bird on that. But, I don't want us to lose sight that we need something in this budget. Secondarily, the Senior Center continues to have building improvement needs as well as the commitment we have made to their transportation and their bus and their van. So, as you see, in other government on the enhancement we have the continued $15,000 partnership grant contribution. It's not included in the base budget. It would be Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 79 of 156 considered because it is a form of a grant for projects specific; it does fall under the enhancement line item. Also, I did not — 1 was not familiar with the Historical Preservation and their requests, so maybe Stacy can address that one. Historical Preservation Kilchenmann: That one just came in in the last — well, actually — well, Brad can talk about it. De Weerd: We will have Brad Hawkins -Clark who is a staff member, who also serves on the Historical Preservation Commission. Hawkins -Clark: Good afternoon. Walter Lindgren who is the chairperson of the Historical Preservation Commission is planning to be here at 2:30 to make a presentation if that's okay. De Weerd: That sounds fine. Hawkins -Clark: I have met with them and they are trying to get their goals and whatnot more established than they have in the past and so I believe this is the first time that they have actually formally submitted. De Weerd: Thank you, Brad. Well, then we will delay that one until Walter can join us. The only thing that I did notice on other government that we probably need to consider is such as what we did with the summer staff picnic. We do have a budgeted expense for the holiday celebration that is done here at City Hall for staff city wide, but there is no budget for a citywide employee van. So, you may want to consider that. I think that the amount that we budgeted for this year's summer picnic was $1,500. So, please consider that as you are going to the (inaudible---_---) Bird: Mr. President. Nary: Mr. Bird. Bird: I would like to bring up something and on the historical society we will wait until 2:00. But, the Senior Center — I know they — we got a grant and everything and we have helped, but I just — I think that we ought to give them at least $25,000 on that. I am going to question a couple of things the Mayor has got on her enhancement that maybe we can take from to give to them. I just feel they have got started on this remodeling stuff and they could use some — they are short in funds and they need — and if we could do it would definitely be a big help to the building down there and these are the people that have taken care of this city for the last forty or fifty years and I would like to be able to help them out. The Fuller Park recycle, that's a matching — we don't know if that is going to be $10,000 or $5,000 or whatever process we want to do with the recyclable stuff. I Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 80 of 156 would like to do that. On the city hall construction, I would like to see us at least throw in $10,000 in this budget and it's not going to get us real started, but once we decide how we are going to finance or how we are going to do it then that money takes over so it's not something that we really need in the budget. But, $10,000 wouldn't be — it would give us something to work with. Nary. I also noticed there was no request from MDC this year for any contribution? Bird: I don't believe we are going to need any. Nary: Did they pay back this year's --? Bird: Well, we will be paying you back, 1 think you can ask Stacy, but I think we said in August we will pay you back (inaudible) and our money is now starting to come in, Bill, so we are okay. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: The TIF money is coming in and they get their next payment in August and so that's when that should be — I would encourage our Council representatives to get that director hired so we can have our staff back. They were supposed to have that done this month and I don't even know if they posted their position yet. Bird: They have not because they don't have a job description yet. De Weerd: So, just my own little pet peeve. On the city hall suggested that Councilman Bird recommended that should not come out of the general fund that should come out of the capital building fund and so that should not change our bottom line, but you may want to put a little bit more -in there because I don't even know what additional costs and advertising or initial setup and those kinds of things — Bird: We could do that. De Weerd: -- and we don't need a figure right now, let's just give that some thought. Bird: We could always pay it back whenever we get our (inaudible---------) financing. De Weerd: I appreciate his comments. When we applied for the grant for the Senior Center for Sage we did demonstrate that they had more needs than just Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 81 of 156 the $100,000 that they received. So we do have paperwork backup for anything additional that might be granted to them. Nary: Madame Mayor. De Weerd: Yes. Nary: While we are on other government I was looking at the dues and partnerships (inaudible) and this is probably the place to discuss those. Now, I noticed for Valley Ride the dues for Valley Transit Coordinator Office — that's the same Valley Ride dues — we always pay based on population, isn't it? Or is that a different thing? Bird: No. Nary: All right. The one thing I didn't notice in here -- we have had a lot of discussion about Dr. Freilich's study and Meridian's participation in that and contribution and we don't — I know we don't know a number, but I think we are going to have to have some number set aside. De Weerd: I do have a number. Nary: Oh. De Weerd: And we do have that in the special service's request enhancements. We set aside I believe $45,000 for that and from the initial figure that I have received that's more than enough, I believe it's around $30,000 that would be the Meridian portion, so that is already in the special service's fund. Nary: Oh, okay. Thank you. De Weerd: Okay, any other questions on other government? Berg: Mr. President, I would just like to make one more comment and I know that my position was pulled from the request, but I will be requesting that. We are getting busier and busier as the load comes in and if I am going to increase some other duties, it's tough to pass other duties onto people that are already really busy. So, somewhere down the road as other departments increase and we find other ways of technology to enhance maybe from hiring, but still you have to have somebody answering the phone, you still have to have people helping at the counter, you still have to do the requests as they are needed as well as the processing. So, as it does increase I guess I could do some statistical information of how many applications are processed and give you some information, but it's just wanting to be able to do the service that people come in and call on you to do. Thanks. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 82 of 156 Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I just have a quick comment on dues and partnerships and I am assuming that the $5,000 for Meridian's half of an annual membership, which is booked to the Boise Chamber is actually payable to the Boise Metro Economic Development Council. The Mayor and I were at a strategic planning session on Friday and the discussion of whether the BMEDC is a separate entity from the Chamber was discussed. I would just suggest that we book that to the correct entity. Cunningham: Can you repeat that entity? Wardle: The Boise Metro Economic Development Council. De Weerd: That's the BMEDC. Wardle: Then to bring up for discussion the $600 annual membership for the Meridian Chamber of Commerce as opposed to buying individual memberships as individuals and department heads, I think it probably shows good relationship with our business community to join as a city and allow all of our employees to be active without having to incur a separate fee for themselves. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: Just to touch on that, you know, Shaun and I had talked about this and it does show a city as a whole commitment to the business community and to the Chamber, but we have had more interest among our employees of being involved and there was always that membership fee that kind of stalled it. So, we thought we had enough members at this time to even justify it and thought now is the time. So, if you have any questions, I would certainly be willing to answer them. Nary: Council, any other questions on any of these? Bird: We are just on the other, right? We haven't hit the Mayor yet? Mayor's Office De Weerd: No. You can hit me now. We will start with my enhancements. There is a request for Gateway RF Project and identifications (inaudible). As we are working, I know this has been a discussion item at the Meridian Development Corporation and in our attempt and economic development as well as branding Meridian City Council Special budget Workshop Meeting July 13, 2004 Page 83 of 156 our identity as a community, the Gateway project is to initiate that branding and that identification that as you come into Meridian you are actually in Meridian. This is going to be offset from the capital improvement plan so that it's actually not a general fund item and I think that that's noted on the enhancement, but I couldn't guarantee you on that. As it suggests on the enhancements there are a number preferences in our Comprehensive Plan and again, it has been an item of discussion at the Meridian Development Corporation. Doesn't necessarily have to be towards any particular area if you want it to first come out on Fairview or Meridian or Main that would be a conversation for Council. There has been a three-person committee that's been looking at a consistent design. I guess I would refer you to the City of Eagle. As you enter Eagle and almost each — from Boise going west into Eagle they have a big monument sign. They have the Gateway art going into their older area and I believe they are working on an identification coming from the west into the eastern parts, so — or the western parts going east. They have very nicely branded and identified their community and as all of these communities start growing into Meridian, this would be our attempt to start really identifying that you have arrived and that we are very proud of who we are and what we are and again, it's that branding and identity for the city. Our intern program, you will hear from one of the interns tonight at our City Council meetings. The two summer interns I have right now, one is working on Meridian becoming a community of promise and as well as any youth initiatives. One is the Mayor's Youth Council and the other one he has been working in concert with the anti-drug coalition as well. You will hear his update on the activities that he's been involved with as a summer intern. Our second summer intern program has been working on a business registry. He also finished up some things on the faith initiative and putting together some yellow pages of resources for the anti-drug coalition so these two summer interns have been working on projects specifics and the student intern that would be utilized through the school year would be to carry forward on the youth initiatives and giving support to the different coalitions and initiatives that have been established to maintain that (inaudible) for them. I do have an enhancement request for a laptop and a printer. We have a fax machine from the Police Department that we would like to get rid of because you have to kick it every time we get a fax so it actually prints out and we don't have a whole lot of room to have a fax and a printer, so that would be to consolidate the printer and the fax machine. I think the fax machine would be retired to wherever machines that don't work very well go. The printer that our office has could be shared with another department. In regards to the laptop, I do work at home and the laptops that we use as Council members is extremely slow and it doesn't have a whole lot of memory in order to keep the PC anywhere and to access the database and that sort of thing from the office and so this is the recommendation in order to be able to actually work at home. So, oh on my budget, you know, I do have a negative balance at the bottom, but I did have a request — our summer intern that's working on the youth programs, did some research and I didn't have this in my request, I would like to add a $1,000 for a line item dedicated to the Youth Council/Programs that once that Youth Council is established that they would be responsible for setting a Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 84 of 156 budget for themselves and that they would actually have responsibility to that budget. (Inaudible) certainly through me, but I would like to have that. Under professional services, I would like to request a transfer of $5 000 from your professional services into this t purposes. One is we will be v support on that. A second one year in a brochure, but we do n expired and needs some upda service support from that. Final gave us what we were doing tl director and I would like to star basis. So, I would like to incr be used specifically for economic development orking on a web site and we would need some would be that we do have money dedicated this ;ed a better brochure than that that has currently ;ing. So, I would like to get some professional y, an employee incentive awards. We did — they ie per person, but I also have responsibility per an employee recognition program on a monthly 3ase that by an additional $800. It was in my original request, it just somehow got lost in all my scribbles. So, I would entertain any questions on my request, Mr. Bird. Bird: Mr. President. Nary: Mr. Bird. Bird: The only one that I have got is the Gateway Art Project because we do have MDC work on it they got a committee. I would sooner see us take $10,000 off of that and give $10,000 more to the Senior Center and that leaves us with $16,000. 1, too, agree that we need some nice entries into the city. But, -- Nary: $10,000 off of what, Mr. Bird, I am sorry? Bird: Off of Gateway Art Project. Nary: But that's out of a capital budget verses — De Weerd: No — Bird: No, I thought she said — Nary: The Gateway is out of a capital budget. Bird: Oh, okay then we can't do it. Nary: Well, we maybe can find it from something else. Bird: Yeah, we will find it from something else. I thought she said it was — okay, well that's all I have. You got away easy. De Weerd: I thought I was going to (inaudible) debate going. Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 85 of 156 Nary: Madame Mayor, so it looks like we don't have a professional services line item for the Council, we have a consultant line? De Weerd: If I can take that from your consulting (inaudible) professional services. Nary: I guess we will see. De Weerd: All you can do is ask. Right? I will spend one moment also on your Council budget. I did decrease one of your line items by $1,000. Never in the history of Council have you spent that much and so I just thought — you haven't even spent close to that much. I just thought we would put it a little bit closer in line. AIC is up north again next year, so I didn't want to decrease it too much until 1 really knew the impact, but this would be just one step in trying to align your budget to what the actual expenditure is. Nary: I think it's in Idaho Falls. Bird: Yeah, Idaho Falls. De Weerd: Oh, it is. Nary: But, it looks like in 2003 we spent $4,000, which was in Coeur d'Alene, so that's probably a good estimate of that at least at this point. De Weerd: Okay. Nary: Council, any other questions? Bird: I have none. Nary: 1 think we have gotten through all of our morning ones, finally at 1:25 p.m. Council we actually finally have our lunches here, so we can take five minutes, get that and maybe we could start with the Planning and Zoning presentation in a few minutes. De Weerd: If you don't mind us eating when I talk. Nary: Ms. Canning, are you --? Canning: I would much rather you be full and happy than lean and mean. Nary: So, we will take a short break here at 1:25 and we will start up again in a few minutes with Planning and Zoning. RECESS. E Meridian City Council Special Sudget Workshop Meeting July 13, 2004 Page 86 of 156 Planning and Zoninq Department Nary: We are now at 1:50 in the afternoon and we are now onto the next presentation from Planning and Zoning. Mrs. Canning is here. De Weerd: I notice the Mrs. Canning. Canning: I am still getting used to it. You know for as often as I usually sit over there and talk to you guys, I am really nervous, so if 1 stutter, you will have to forgive me. De Weerd: We will only deduct $10,000 per every stutter. Canning: So, Brad is going to go through the slides for me and I decided I would stand up here to remember what it's like every once in a while. Next slide. Just a quick summary on some of the applications we did last year and I know that the Public Work's Department always give you a good update on the number of subdivision plats that they file and the number of lots and building permits, but this was just kind of more on how many applications that Planning and Zoning has processed. Or, in the case of housing units how many housing units. We processed about 4,500 new building lots. Some of those were denied, so there were about 4,000 approved housing units last year that came through in a number of applications. Our data doesn't track the number of applications. We didn't set it up so it looked at that for this one. De Weerd: Do you have handouts? Canning: No. Do I have to have handouts in addition to that? De Weerd: No, but I need to go get my glasses. Canning: This is the smallest text that there will be and there are only two tables. You might be okay. Nary: As long as you can print that out and provide that to Mr. Berg for the record. Canning: I will. Moving on to the next one. This was the number of commercial applications. There are about 20 applications that comprised about 255 acres, so these are various sizes. Some of them, you know, are only six lots, some of them are 100 lots so it's various sizes on this, but just to give you an idea of how much work we have been doing, most of those are approved. Only six were denied or two applications of six acres were denied. Moving on. So given our demand on what we are doing, the question that I really wanted to answer when I came to the budget was how can the Planning and Zoning Department best Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 87 of 156 serve the City of Meridian? To answer that question, I looked at three different things. One was the transition team report and the deficiencies noted within that report that we are moving toward more staff level decisions and had been moving that way with particularly with the redo of the zoning ordinance; faster processing times; again, the more staff level decisions helps with the faster processing times and the better coordination with the Clerk's Office and this has been — it's still, to me I think and I don't mean this as critical of either Will's department or mine, there seems to be something broken there that the transition team felt there is a flaw there and I haven't been able to find out why it's there. I look at what the Clerk's doing; they seem to be doing the right things. I look at what we are doing; we seem to be doing the right things. So, I am not quite sure where that breakdown is and I will address that again a little bit later. Then looking at the Comprehensive Plan, which calls for quite a bit of pro -active planning at the immediate action items and the Comprehensive Plan, we are supposed to be done about six months ago, I think we have gotten part way through two of the 12 or so that were called out for planning staff to do. Then just a question of what else is missing? I think over the last year, we realized that the transportation is such a huge part of Meridian because we are between everyone and so the transportation issues are just huge for the City of Meridian and the one thing we are lacking is a squeaky wheel. Somebody that is out there saying, you know, this is what Meridian needs; hear what we are saying. De Weerd: Are you saying I don't squeak loud enough? Canning: No, you do, but we need a staff level person to support your squeaks, how's that? Then a little more on the Comprehensive Plan, which is on the next slide. This was a summary of those immediate action items that I talked about. Downtown master plan, revised development ordinances, which are in process; Old Town development standards, again and process; infield development areas, identifying those and getting the word out to developers; regional pathway and creek protection plan; identify industrial areas with services and kind of promote those to some of the industrial developers around town; neighborhood center design ordinance; land use inventory, particular of the residential verses non- residential properties; noxious weed ordinance and a dust ordinance was not identified in a Comprehensive Plan, but that's another one that has come up for discussion. These are the things that because we are chasing our tail on development applications, these are the things we don't have a chance to get done. This is the proactive planning. This is the planning in the Planning and Zoning Department as opposed to the zoning. These are the ones where we really struggle to keep up with these because they don't have immediate demands like the development applications do. De Weerd: Mr. President. Nary: Madame Mayor. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 88 of 156 De Weerd: I guess, one more thing to add to Anna's list is next year as we hit the 50,000 mark, we will be eligible for additional monies and I would imagine that that's going to be in large part a responsibility out of Anna's office. Canning: For writing grants and making sure — De Weerd: Well, and for the — we met with the Housing Authority, what is that? Entitlements. Yes, entitlements. We do become an entitlement community and with that comes additional monies and additional planning responsibilities. So, I thought you could add that to your list. Canning: Thank you. De Weerd: I am good at adding to your list. Canning: Yes, indeed. Regarding the planning, I mean this is really the opportune time for Meridian to plan. I mean, waiting until there is no vacant land supply it doesn't do anybody any good. This is when we are in high demand with the developers. This is the place to develop right now and if we can do some of this proactive planning, this is the time when we can really guide the growth and development of the city. So, that leads to the request of enhancements. I have asked for a long-range planner. This person would focus on transportation and also trails development as (inaudible) the non -motorized transportation. My original request did include for an assistant city planner that was withdrawn by the Mayor, but I am going to talk about it today. The space and equipment to house those two folks and finally the growth management consultant as was raised earlier and it is $45,000. That's in the enhancement request. So, the Mayor spoke correctly. The transportation planner — you won't be able to read this one, sorry Tammy. It's the length of the list that's impressive more than actually what's on there. You know, when we started considering this, I put an email out to staff and said what all would this person do if we had this person? The list that came back was just phenomenal. I mean, I knew that we were doing a lot of transportation related items, but we had broken them up between us fairly well to the fact that we were kind of weren't aware of the overall need for a transportation planner until now. Just to go down some of them as a city advocate on transportation issues to ACHD, COMPASS and ITD update to Mayor and Council on COMPASS Board agendas, proactive right-of-way planning and acquisition; proactive pathway planning and acquisition; work with the Park's Department on pathway location decisions; COMPASS, Regional Transportation Advisory Committee, as well as their demographics advisory committee; ACH Tech Review having a Meridian person there to represent our transportation needs and wants; Valley Ride, Regional Operations and Planning committee; Valley Ride Board of Directors, currently we serve as the alternate to Mr. Nary; Transportation Task Force, comment on ACHD TIP and ITD — that should be STIP, I suppose; ITD meetings related to Eagle, Meridian and 1-84 and of course the Interchanges, the Ten Mile Interchange; scenic byway meetings; Meridian City Council Special Budget Workshop Meeting July 93, 2004 Page 89 of 156 downtown traffic management study; downtown parking study; ACHD hearings regarding contested development issues and also ACHD neighborhood enhancement and school safety applications, which I spent quite a bit of time talking about yesterday and the need to coordinate some of those activities. So, I think that the need for one person that can look at all of these transportation issues and think about them for the City of Meridian is pretty clear. I do have both Dave Zaremba here to talk on those and Doug Strong to advocate for that position as well. They can do that after I finish my plea for the assistant city planner. The next one was the assistant city planner. One of the things that I see this person doing is coordinating with the Clerk's Office trying to figure out where this problem is and trying to figure out how we can solve this problem that we haven't been able to identify yet. I mean, diagnosing it is the first step, I suppose and having — shifting some of those responsibilities to the assistant city planners, there would be two of them or one in particular that could track these things and try and keep a better idea of what's going on so that we can figure out how to better coordinate with the Clerk's Office. Right now — we try and help out the Clerk's Office, we are doing the mailing labels, and we got that up and running again so that they don't have to retype all the labels. We also try and help out on some of the project descriptions where the planners or the assistant planners are writing those so that the Clerk's Office doesn't have to try and wade through the application and figure out what the — how to summarize it for their applications. The primary purpose of having an additional assistant city planner is to free up time of the associate city planner so that they can process more applications and get more of the approvals going and expedite those processing times. As I said before, the new zoning ordinance does have more staff level applications; typically we get the certificate of zoning compliances out in a week. It's going to be an odd transition because all of a sudden they are not going to have to do a conditional use permit, so it's not going to take them four months to six months to get through the process, but they are used to these certificates of zoning compliance taking a week and if we get flooded by all these new projects that are CZC approvals, but it may be longer than a week to get these out now because we will have quite a few more of them. We are hoping to free up more time (inaudible) associate planners so that we can continue to get those out, hopefully in a week and keep that processing time up. The findings and the final plat orders, we have been kicking this around with the current legal staff and Councilmember Nary was helping me with those discussions of trying to move the findings and the final plat orders over to the Planning and Zoning Department. Right now we do spend quite a bit of time reviewing the findings for consistency and if we can change the format so that they are less legal, I think we could do them ourselves, but it does take more time, it is going to be an additional demand on our staff. In this again, -- the final part of this is that the transition team, most of the other communities or in Ada County, I think adopt the findings at the time of the decision made by the Council or the Planning and Zoning Commission and this is something the transition team wants done if we can — they would like to see us move that forward, so this would be part of that. It would be moving that timeframe up on those findings as well. That's obviously Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 90 of 156 a discussion with the new city attorney once that person is hired as well, so it's a little undefined at this point, but I did want to raise that as kind of an outstanding issue, but will take more resources from the Planning and Zoning Department. Quickly, on the space needs we are out of room at our current location. We are hoping to move next door into the All State Insurance. They are moving out, so that would be a great place to move. It's just about the right size. It still keeps us upstairs close to Public Works, which we like. They are not ready to get rid of me out there. They seem to like having us around there. We asked for a little furniture for a small conference room and also one larger conference room. We are short on conference room space. We find that we are having larger and larger meetings. That conference room — the larger conference room would still be on the Public Works side, but I offered to put in the enhancement for the actual furniture for it because we just mooch off of them as far as conference room space goes right now. The next thing I wanted to do is look and say are these reasonable requests? I know that the city prides itself on being lean and mean and you know, just how lean? What's anorexic verses what's really healthy? I wanted to — I did a quick comparison. I did look at Ada County and Boise City and I just picked these two because they have a similar level of analysis and seem to be a similar perceived level of activity. I probably should have included Eagle, but you know Eagle would have made us even look better because I think they only have two less staff than I do and I don't think they do nearly the volume. Then I looked at the applications to date. So this is just for 2004 and the number of planning staff and applications per staff. We will go to the first one. The total number of applications, ours is close to 300. 1 did break them out by hearings and then staff level. Boise City is over 500, most of those are staff level. I don't want to go this way, but Boise City basically thinks that my staff just walks in my door and says is it okay that we do this and 1 say yes. Those are staff level application at Boise City. It's more bureaucratic there, more formalized in all their decision-making over there, so they do have quite a bit of staff level applications. Ada County also, their zoning ordinance was — (Tape turned over) Canning: -- a lot more close to 15 staff members. Ada County is not fully staffed right now. I think they are missing one principal planner or planner 111. That would bring them up to 10 and as you see, we are down there. This is just the planners. This doesn't include the directors or the administrative support staff. So, if we go to the applications per planner we are doing close to 60. Ada County does, I think, 22 and Boise City does about 36. So, we are putting out a lot, you are looking at a lot more applications than any other staff around. Even if we add the two planners, we are still above the — do more applications per staff member than those two organizations. Move on to the next one. So, that's part of my summary highlights is that I still am asking for the two positions. As I said before, even with two more positions we are still processing more applications than those two organizations and there are some unallocated revenues. There are about 150,000 right now. I understand 75 of that goes to another budget. I Meridian City Council Species Budget Workshop Meeting July 13, 2004 Page 91 of 156 forget what the — capital improvement, so it still leaves some money for that assistant planner position. It was just short of $55,000 for that. I don't know if you want to ask questions now or --? Bird: Mr. President. Nary: Mr. Bird. Bird: 1 have got a question. First I will ask the Mayor why she felt that we didn't need another assistant planner. De Weerd: When Anna and I sat down and talked about it, it was more of a highlight on the findings and not a lot of the other statistics and the bells and whistles that you are now saying that I didn't. But, I also in conversations with you wanted to be sensitive to the findings and you know the time spent on that. So, I told Anna to speak to it and I think she has done a fine job. I have no problem keeping that end, but it was more sensitivity on conversations that we have had up to this point. Bird: Follow up, please. Nary: Certainly, go ahead. Bird: This is going to depend on like Anna said (inaudible) new city attorney and what kind of proceedings he wants to do with the findings. If we are going to expect them to write the findings, I think there is no way shape or form that they don't need this other planner. If the attorney wants to do it somewhere else, then he could look at that. I still think we need this assistant planner, whether they write the findings or whether they don't write the findings. We, as the Mayor has jumped me already, we need to make sure that MDC gets on their own feet in terms of staff back to the city, like they should be doing. I would like to see that left in if it's okay with the rest of the Council, the Mayor. I would like to see that $55,000, is that what you said, brought back in? De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess just to also respond you know staff remains very committed to bringing more at the staff level and that's been noted in the Blakeslee Report and the transition team report and I think the only way they are going to be able to do that is with adequate personnel. I think you have done a good job in stating your case. Canning: Thank you. fr Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 92 of 156 Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I can be sensitive to the Planning and Zoning staff's needs and their workload, but as I mentioned before and I am going to bring it up right now in the budget hearing that the position of city attorney and some of those changes as I understood were tied to this position and some savings within departments. So, I understand why the Mayor withdrew it because she had expressed that when creating this new position, so while I can be sensitive to the workload, the explanation that I was given was that this was one of the positions where we can see some savings and reorganize this department. Nary: Yeah, I guess the only other comment I would have is I don't think we know exactly what we are going to look like in three months and I think that's probably part of the discussion going forward. I think Anna has presented a case that without even that piece there probably is plenty to do. The issue is if there is funding for it. Because I noticed in here, I mean part of that funding for this position for the assistant planner is from the savings from the White Peterson contract, so if there is a savings is there adequate revenues to support that position without it? I guess I am not married to the idea that a planner has to do or a lawyer has to do findings. I think when we sit up here at the end of the day we want to be right. I don't care who prepares them as long as they are right. It may take different levels of review. I did — as Anna said a couple of times, I did sit in with her and Mr. Nichols on trying to get the process better so that it can be done quicker and more efficiently and it initially was essentially a first draft through the planning department and then there are other levels of legal review to make sure that some of those — that we are the ones honing those on Tuesday nights are the ones that probably take the more higher level of scrutiny. But, we don't have any particular plan today as to how to get that done. Like I said, I think you have identified that there is plenty of work to do anyway. I mean, it's not like — if the city attorney or the Legal Department takes over that function it doesn't mean that the assistant city planner has nothing to do, I think there is plenty. It's just he issue of revenue. I think that's what is Councilman Wardle's concern is that that revenue was, I guess, thought to maybe be used in a different fashion. So, what do you think? Canning: Well, in — when I did write the enhancement, I was looking at — it's not the contract amount, actually, with White Peterson, it was the additional money that we were paying for findings from Marlene. Because of just the sure volume of work, it was outside the contract amounts, so there was that, I think it was $16,000 or $17,000 that I saw as — well, if we take over this that's a possible savings there and perhaps I did emphasize that too much in that enhancement request, but it wasn't the actual contract amount, it was the over and above fees that we were paying and I am hoping — yes, I am getting nods of consent over there — so it was not the contract amount. So, this would not be a savings on the Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 93 of 156 — the full amount of the contract would still be available for the new city attorney position. Nary: This was the add-on that was taken outside of the contract (inaudible) budget, right? So, that is the difference, Mr. Bird, 1 think is that we have talked about is this is the addition that was added on by last year? Canning: Yeah. Again, we are — regardless of where they go, right now there is a severe duplication of efforts because for — to really have good findings, it really requires that my staff go through and make sure that everything got in there. Not to say that White Peterson is doing a bad job, it's just that one person doing all of those doesn't know the intricacies of the file to make sure that everything got caught, so there is just — we are having to review them regardless, so there is that duplication of efforts there and whether or not it's — if it's somebody who — we don't know what we are going to look like in three months, you are right. Nary: I guess to follow up with that, I mean, one of the discussions when Anna and I had met with Bill Nichols is that it's not uncommon rather than writing a staff report that is full of suggestions as to what the final findings should be, the staff report is full of the proposed findings and there may be some changes to that, but you are not creating a duplicated effort. You are not turning recommendations into findings and then verifying that they all made it back through the same transition, you are doing it once. You are verifying the change ones that you need to change or clarify and you are not redoing it — because otherwise you are doing it twice. Canning. I still think — I mentioned this before. I am really working at automating some of these things and making them so they transfer from one document to another quite more efficiently and easily. I am about 80 percent there as far as getting that done and I hope to move that into that other 20 percent shortly here because my staff is eager for me to do that. Then you will see a whole new staff report format and findings and presumably findings as well. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess to just further elaborate since Anna has done well to fill in some of the blanks on what this additional position could do. I think also the additional coordination between tracking applications and coordinating paperwork with the Clerk's Office and helping streamline some of those processes, you are going to see that Anna's department works with almost every department here in the city, but with the Public Works with the Public Safety, with the attorney's office, with the Clerk's Office and there is overlap and there is checks and balances in making sure that our systems work efficiently and effectively, but there is also in terms of if we do want to add more to staff level i, Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 94 of 156 decisions so that things can go through and our commitment to making our process more streamline, I think really support the additional staff and I guess if we want to go with the timeframes that we are meeting today, you know, maybe it's probably still — there probably still warrant to it, but if we want to look at better efficiencies and providing more customer service and making sure that we are the best in the Valley on our processes then we need to give them the support they need in order to that. I think that Anna has shown justification on that end of it. Nary: Council any other questions or comments? Canning: Just to remind you I do have two other gentlemen that would like to speak briefly. Nary: And 1 would also note for the record that Councilman Rooftree is present. De Weerd: Welcome. Nary: Mr. Zaremba, Mr. Strong you came all this way. Strong. Thank you, Madame Mayor and members of the Council, just a quick note related to pathway development. As we look at the development of the Comprehensive Plan in the city and how pathways are looked upon to connect the community, there is a number of issues that come up when we look at preliminary plats that have come in that require some level of review and I know that over the year and one half or so that I have been here I have been out locking pathways with both Steve Siddoway and Brad Hawkins -Clark to determine just which side of an irrigation canal or ditch would be better for the pathway and (inaudible) it leaves room for the irrigation district to maintain the ditch with the pathway and other issues like that that you can't tell from a preliminary plat. Some are just those kind of in the field issues and then where is the best place for it to go and how to connect, so, I certainly would support the transportation position from the standpoint of the city. But, also from the standpoint of the development throughout the Valley for connecting trails, pathways and transportation corridors, at least initially discussed in both Ada and Canyon County and maybe stretching further for a complete and both off highway foothills trails type of dirt bike trails to pave pathways like we have in Meridian to bike paths and transportation corridors. It's a very large issue. There is a group foundation for Ada, Canyon County transportation or pathways system called FACS that meets on a regular basis looking at those issues. This will be a valuable planning position for all of that. It certainly would help our department as well. I am very much in support. Nary. Council, any questions or comments for Mr. Strong? Which of your enhancements should we cut to make sure we can fund this, Mr. Strong? Just kidding. Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 95 of 156 Strong: How about the landscaping along the Blackstone pathway? Nary: Good answer. Mr. Zaremba? Zaremba: Madame Mayor, Mr. President and members of the City Council. I am David Zaremba. Thank you for allowing me to address you. Before I say what I came to say, let me add a little bit of side note. Many of you who have served on the Planning and Zoning Commission, which is currently my pleasure to serve on, I started going to Planning and Zoning Commission meetings almost six years ago now. The improvement in the staff and quality of support to the commission and thereafter the City Council, the current staff has my great admiration, both in their skills and their dedication and I think you ought to triple their budget and pay them all twice as much. That's just a personal comment. Nary: Take private donations. Zaremba: The subject I did wish to speak about is the transportation planner. I was privileged to be on the Mayor's transition team and on the regional partnerships group and we put together a suggestion that such a transportation planner is needed. As a business for more than thirty years, I have designed transportation systems and managed transportation systems, most of them temporarily all over the country and in major cities and I get the opportunity to see how the infrastructure in those cities works and what has happened good and bad in the way of transportation and even though it's a situation of the tail wagging the dog, transportation, while it's not the purpose of the city or even the convention groups that we work for, if transportation doesn't work everything else you plan for suffers because of it. If businesses can't get their supplies, if employees can't get the work, if customers can't get in to shop, everything that you plan to benefit Meridian suffers because of the transportation issues. The things that 1 see transportation covering are not just roadways of traffic, but also public transportation, pathways and how those relate to land use and smart growth. Over the years, part of the study that we did for the transition team, I just discovered that there are 35 agencies or organizations that have something to do with transportation in Meridian. They are either planning or making long range plans or they have something to fund it or they have a client base for whom they provide transportation. On all of these organizations have something to do with transportation in Meridian. Some of them have statewide responsibility as well, but they are making decisions that impact Meridian and have already been mentioned. Meridian's position in this Valley as the Valley grows and builds out, transportation issues are going to focus here and they need to be solved. This list of things that the transportation planner could do is an excellent list. There are even more things; liaison with the other 35 agencies that are doing something would be a fulltime job in and of itself. I can express that from experience. I have been privileged to be appointed to a few of the agencies, by this City Council and this Mayor and I as a private citizen and a volunteer have Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 96 of 156 attended meetings of many of the other agencies to which I am not an official representative and believe me for somebody to really fully cover all of the people that are doing something about transportation that impact Meridian that would be a full time job. So, I am here to fully support the idea of promoting a current person in the Planning and Zoning Department to the position of transportation planner and relieving that person of all other duties, which means that there would have to be a replacement for that person. I realize the budget is tight and that's a difficult decision to make for budget. But, think in reverse, what if we don't do this? Twenty years from now, fifty years from now if we just sit back and let the other agencies decide what transportation and by that 1 mean total mobility, people that have transportation choices and people that don't have transportation choices, seniors, youth, disables, if we just sit back and let the other agencies make the decisions without somebody out there advocating for us who can put together a Meridian mobility master plan and advocate it to these other agencies, if we don't have a person like that we are abrogating our responsibility and the cost to us in the future would be far greater than promoting a current person and replacing them with somebody else with new budget. I can only express my support for your diligence in hopefully finding a way to accomplish that. Thank you very much. Nary: Council any questions or comments for Mr. Zaremba? Bird: I have none. De Weerd: Thank you. Nary: Council any questions or comments for Anna before we move on? See how easy that was. Council, I know we have next on our agenda is Public Works, I don't know if they need a couple of minutes to transfer some material. In that interim, we do have a gentleman here from the Historic Preservation to make their presentation. Is it electronic? Lundgren: No. Nary: See, even better. So, we could probably do that while we are waiting for their transfer of their computer materials, if you'd like? Hearing no objection, I guess that's okay. Historical Preservation Lundgren: Madame Mayor and members of the City Council, I appreciate the opportunity to come and speak with you today in regards to the funding request from the Historical Preservation Commission. As you may or may not be aware, we've, I believe in the packet that we have submitted we have also included our goals for our short term and long term stance in terms of what the Commission's agenda is going to be for not only this year, but for kind of the future as we see F- # Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 97 of 156 the City of Meridian grown and hopefully develop responsibly. I think what I would like to do is just cut to the chase and talk a little bit about what it is we are asking for and really just talk in terms of the five items — itemized list that you have in front of you. I do believe that you have that in front of you, is that correct, as part of our submittal? Affirmative answers. Lundgren: Okay, 1 don't want to make a false assumption here. First and foremost, really, before I go into any kind of long and 1 will spare you that T- kind of long dissertation on what it is our goals are. Essentially what we our long term goals in terms of working with the Mayor and the city is essentially to strengthen the goals and policy of the city to place more emphasis on historic preservation. Also, is to create public awareness and community participation in the preservation process and these are through educational programs walking towards workshops. Also, one of our more short-term goals and to be more specific is to get four properties to get them registered through the National Historic Registration. So, the list of requests that we have in front of you, we will basically address those. Number one, I would like to talk to you about is we have a $10,000 request for and this is a one-time effort, which is a city survey that is actually performed by an outside consultant. There are about 25 or so of these firms that are statewide that through a city RFP will go out and survey the existing structures of the City of Meridian as well as provide specific information on the properties and what, ultimately this document will provide the history of the structures, but at the same time provide recommendations for these particular properties and establish whether or not these are actually contributing structures meeting are — do they fall within the criteria of being a national historical registration opportunity? Really, just to give you a case example, the City of Caldwell spent about — just more recently they just completed a report for about 110 properties for $3,500. So, you kind of get the scale of where that money is going to and how it be spent. Ultimately, this document becomes incorporated into a database, which has been shared with Planning and Zoning through the help of Brad Hawkins -Clark, who has been recently put to our group as a liaison to the Planning and Zoning and that data becomes available to local teachers, property owners, city planners and future development and just understanding the heritage of Meridian. I can get into more detail on that later to the questioning and answering period, if you don't mind. But, I will just kind of move on here. The second item we are requesting is we are asking for a $1,000 for training to network with PEERS. Essentially, what this is addressing is there are oodles of these conferences across the country and in terms of networking and kind of these commissions that actually are going through the same growing pains as we are and so there are conferences in terms of the Historic Trust, the Meridian's Historical Preservation, excuse me the — there is the National Trust, which is actually, I believe, the group that is actually a combination of all the local cities' commissioners that basically share and pass on their ideas for how to, I guess, better the planning for historical communities. Number three item I would Meridian City Council Speciai tbudget Workshop Meeting July 13, 2004 Page 98 of 156 like to address and this is probably our priority at this point is to request $4,000 from the City of Meridian. What this request is for is in terms of selecting four particular properties or structures within the City of Meridian to get them registered with the National Historic Registration. There are funds available from the Idaho State Historic Preservation that is available to us through a grant writing that we have to put together that is due by, I believe, September 2005. That money that would be funded would be required to be matched by city funds or in kind funds, so essentially what we are asking from the City of Meridian is $4,000 for that effort. Item number four is $200 to join preservation organizations, such as Preservation Idaho, Idaho State Historical Society, the National Alliance of Preservation Commission — actually that is the Commission that is the combination of all small cities, large cities, historical commissions that again pass on information back and forth, what worked for them and what didn't work for them. Finally, number five item is the $5,500 to pay for consultant services. Currently, there is information that is available, but it is essentially all hard copied and is not very user friendly in terms of cross referencing that information and this effort would essentially be provided for someone to go ahead and scan information, data entry and all those things. If this particular effort could be performed by the city planning staff, great. We just don't know if that resource is available, but it's something until we get the ball rolling in terms of getting this data into the cities' system in terms of property ownership, we are just fighting an uphill battle in terms of communicating. Essentially, I will open up to questions and answers, but I would just like to say, essentially the bottom line is it's — we are just looking to the city leaders here to figure out what is your expectation of our group. You know, we have right now the organization as you can see from the list of long-term and short-term goals. I think the fire to get this thing rolling and working with the new — with Tom Hudson's effort and get the downtown revitalization going, but it's a matter of some of these things do cost money and we can only do so much and volunteer so much effort and labor, but without some of that funding it's nearly impossible to see the things that we need to do through. I do appreciate your time and just open up to any questions you may have. Nary: Council, Mayor is there any questions? De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: 1 think you're commission has come a long way in the last half year in defining the steps that you do want to take and we do understand that you have to have something to do it with and I do appreciate this information. Lundgren: We realize that this is short and long-term information that I think would be if not this year, plant the seed for future years in terms of how do we facilitate these goals. i Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 99 of 156 De Weerd: So, the highest priority in funding is what items? Lundgren: I would say, item number three is certainly a priority. We have already got verbal agreement from two property owners here in town that are interested in getting their building sign up date. They do fall into the criteria for a National Historic Registered site and certainly the state liaison are grant analyst; Ann Swanson is been very proactive in working with our group to get to see that happen. I mean, keep in mind, we have four structures here in town right now that are registered. Three were done in 1982, one was done in 1996 and again that is not the sole purpose of this group that is to just get something registered and just walk away from it. But, I think at the very least, what that does is that sets the stage for the direction we want the city to head and to respect the heritage that the City of Meridian does, in fact, posses. I think the indirect results of that will be very fruitful. Nary: Have you had either conversations or contemplated conversations with the Meridian Development Corporation? I mean, since you did cite — in some of this stuff, especially the Item A has a relationship to downtown that might be an avenue as well. Lundgren: In terms of their involvement in our efforts or vice versa? Nary: Yeah, their involvements in your efforts or at least some assistance with partial funding of some of that. I mean it's going to benefit the MDC to have that survey done for example to — Lundgren: In terms of funding, we have not. I think we probably do have some overlapping that does exist there, but just have not really discussed it at length yet. I suspect that is probably a good idea we do though. Nary: In this item, the last one, the $5,500, that is essentially to pay the contract with somebody and then — it's not to buy equipment or anything is it? Lundgren: There was an actual survey — an unofficial survey I should say that Lila Hill put together back in 1988 that, however, it was good but it — for one it was done 16 years ago and secondly it was — their survey consultants that do this stuff and meet the standards of the Secretary of the Interior and so there is specific standards that they meet that they can provide. Saying that, what this fifth item does is it takes a lot of that information that Lila has put together and gets that into a computer system that starts the ball rolling if and when that survey happens that compliments that effort, so right now everything is kind of — it's hard copied, it's in somebody house or it's in about a million different places and that effort would consolidate that and get it more in place. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 100 of 156 De Weerd: So Walter, what is the order of this? Probably, you said, Item three is most important and you would need to do one before five? Lundgren: No, there are actually — there really isn't a critical (inaudible) of these to answer that question. I would say that if we had our wish list, you know, certainly Item three is one that we are actively searching at this point. Again, I can appreciate the budget crunch that all cities are facing these days and I think if at the very least this plants the seed for future because right now, we realize $10,000 to do a survey — you know I can understand it that there are other things that you may perceive to be a priority, but really I would argue that the sooner that we do that the better for various reasons. To answer your question, Item three is definitely our priority at this point. Item five I would say would probably be a second and then a close third would be Item one. Items two and four are smaller dollar items. I think they are very critical. $200 and $1,000 respectively may be a small price to pay to network and connect with some of these other communities. So, that's what we are asking for. Rooftree: Mr. President. Nary: Mr. Rooftree. Rooftree: Help me understand the significance of property registry. Why is that your number one priority? What does that do for us? Lundgren: The registry? Rooftree: Yeah. Lundgren: If anything, it's — as a preservation group, there is a real public push to get some of these more, I guess, visible successes out there. One thing that's -- in terms, I wouldn't even put it in terms of financial terms. If you have historic places like heritage type places for people to come visit and if you have more than one or enough to hook people in because there is a population out today that we'd refer to as heritage tourist and they actually make up a certain population, in fact, in terms of what they bring to a community in terms of financial dollars, this is a fact that they spend the most money out of all tourist (inaudible) that grouping. 1 am not saying that there are a million of these guys, but in terms of financial reasons that alone has some merit. In terms of — I think it's because we have — it's a smaller step initially for us to take. I don't think it's something that we are biting off too much by doing that. We have typically been given — I know the preservation commission has been approximately about $2,000 a year — I think that's what our budget was for this year and that is our priority to get a home registered. In terms of — I don't know if that's addressed your question necessarily, but has that addressed your question? Rooftree: It hasn't struck a cord with me yet, right now. Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 101 of 156 Lundgren: I am not sure. It's an intangible thing. I do admit that. But, it's a doable thing, let's put it that way. Rooftree: Can you put it in context of the historicity of Meridian and are there a thousand properties potential in Meridian or are there 50, are there 10 really good ones? Lundgren: I would say that in terms of what the criteria is, there is — I'd say there is probably closer to 30 or so, but are they viable? I mean are they ones that really do mean something? I mean if you take in terms of the ones that exist today there are four that are even registered. I mean there have certainly been more candidates. Are they better than the others? I think there is in terms of viable ones, there is probably maybe a half dozen to a dozen that are really important. I apologize I don't know if there is a better way to communicate it? Rooftree: No, I just need it in context. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess to add to what Walter has said is that by adding to your national register, the historical preservation piece of it it shows a commitment of the community to preserving it's heritage and history of those buildings. It is something that is mapped and shared in your walking tour type of things like the Historical Society has put together that brochure and the walking tour and it also has some small benefit to the property owners and help you to preserve the structure that they have in terms of qualifying for grants and that sort of thing, but it doesn't commit them for a lifetime to it either. Lundgren: It doesn't. De Weerd: So, you know, as ownership would transfer, at that new owner it means nothing to them. They don't have to continue it on. Lundgren: They could certainly tear down the building. There are no teeth in what that being registered does. There isn't. But, with that said, there are some federal tax credits that are available to those individual property owners. They would have to apply for those, but they are available as well. But, that's about the extent of it. De Weerd: If that helps. Rooftree: I understood all that. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 102 of 166 Nary: Council any other questions or comments? Hearing none, thank you very much. Lundgren: Thank you for your time. I appreciate it. De Weerd: Brad, did you have anything you wanted to add? No. He did it very well, huh? Thank you. Public Works Department Nary: Now, to top it off with our favorite part, the Public Works Department. Wherever you want to start with, Building or Public Works or --? Smith: Thank you. Good afternoon, Madame Mayor, Mr. President, Council members, Mr. Clerk. Good afternoon. It's our pleasure today to present to you the proposed FY 05 budget for the City of Meridian Public Works Department. First of all, I wanted to introduce Public Works Department staff that is here today. I will just turn so I make sure I get everybody. Brad Watson, our City Engineer; John Shawcroft, Wastewater Superintendent; Rick Clinton, our Water Superintendent; Len Grady, our Staff Engineer; Clint Dolsby, Staff Engineer; and Bruce Freckleton is our Senior Engineering Technician, Engineering Tech III, all around good guy. All of them are. And happy to have him back. We missed him terribly. He'll get caught up sometime in FY 06. The Public Works Department, as you know consists of four different divisions; namely the Building Department, the Water Department, Wastewater and Engineering. The budget presentations today for each of these four divisions will be made by Brad that will do an overview of our Public Works activities for this past year. I'll do building permit division presentation. Rick Clinton will do water. John Shawcroft will do wastewater and Brad will do engineering. Brad has some handouts for you as far as the presentation is concerned, so 1 will let him or his designated staff person do that right now. That would be Clint. We didn't rehearse handing out the presentation packets and I will turn the time over to Brad at this point to make a presentation of our overview of our activities this last year. Watson: Thank you, Mr. President, Madame Mayor and Council members. I know you have had a long day, unfortunately we have developed our usual presentation that takes a little while, but we don't get a chance to talk about our accomplishments too often, so please bear with us. Usually I wait till the end to go out of script, so this is a bad sign. De Weerd: We look forward to it. Watson: Do, you? Okay. Well, you might wonder why we bring so many people along to some of these things, but if you total up the whole budget there is a little bit of money involved and each one of these guys is responsible for at a minimum a half a million up to 10, 15 million dollars. So, they all have a very big Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 103 of 156 vested interest in this. Second thing is that we need to thank Len for putting this presentation together this year. It's one of those things I handed off and did a good job and also to carry who is not here but she is kind of the unsung hero back out our house. She, every year it never fails we put these together and an hour before we come over here, we have a change to make and she has to unbind everything and put it back together. She can just tell that when I come walking up that — you'd have to see her expression. It's pretty good. Anyway, go ahead. Quickly, this is our overall (inaudible) chart. Presently, we have about 62 employees with the enhancements that we are proposing today would bring it to 70. This is our mission statement, simply put. It hasn't changed a whole lot over the years and that's what we continue to do. A few quick statistics on what's been going on. You are well aware of the overall pace. The single family building permits, just to ensure numbers are up to 78 percent this fiscal year; commercial permits, 28 percent; total permits, 56 percent. In terms of dollars, we have almost doubled this year what we did last year. Just a few of the highlighted activities, I am not going to go through each one of these, they are there if you want to go back and look. Some of the highlights of what we have done is we have initiated the GIS system in our shop. The whole purpose of that is to get information where it needs to be faster, more efficiently, quicker and we are well on our way to getting that up and running. We completed, or are completing a fairly significant portion of our safety program and it doesn't get a lot of airplay, but it is pretty important to us and I think to our employees. On the waterside of things for I don't know how many years in a row, there is zero positive bacteria samples. One of the big things to note here is just the sheer number of meters being set. There were almost 1,700 meters set through June and Rick has noted here 266 in June and that equates to about 13 a day. We have all the normal well water line construction projects that — I remember when at the inaugural party out at the Golf Course I told Charlie and welcomed him back and I said do you remember when a million dollars used to be a big project? That's about a month's worth now. That's kind of the way it feels. All these projects are needed to just keep up with the growth. We have been trying to squeeze all the efficiencies that we can of our existing facilities by doing more (inaudible), rehabbing some of the wells, just the normal repairs that go on. On the wastewater side of things, some of the highlights are the electronic (inaudible) manual that John and his crew have put together with the help of Brown Caldwell. I think that's going really well. One of the big issues is that we submitted our new discharge permit to EPA here recently. Theoretically, we would have that by the end of the year, but we are not holding our breath. There are a lot of issues to work through as far as EPA is concerned on that. The Black Cat Trunk project is clicking along at a good pace. And this is just a slide that shows you just a small portion of the system expansion projects that we have been doing. These are all just hard construction projects that are there simply to serve new growth. One of the things that we look forward to -- as busy as we have been over the last couple of years building things, it's going to get even more intense. This slide just shows a few of the things — well, these are the major things that we are looking forward to over the next couple of years. When Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 104 of 156 we did our water master plan, I think in '99 —2000, we were projecting the twenty- year population of right in the neighborhood of 80,000 and this is not an official population projection. This is simply just our look at what's going on, what we see based on building permit activity, but we are looking at nearly 80,000 in another five years. We will get to some of these improvements later in the enhancements. I just love to show this slide. We started counting the miles of pipe we put in -- well, we plus the development community puts in every year. Last year I think we had seventy miles and I thought that would take us almost to Cascade, but I think we are almost to Donnelly with this one. That's just incredible how much pipe is underground every year. Watson: Just another statistical slide. It helps sometimes rather than to look at text just to look at a graph and see what it is compared to other years. What this graph shows is calendar years in 2004 if we keep up at the pace we had through the first six months. It is just so far and away above anything that's happened previous. Even the commercial is higher than it ever has been. You noticed it's kind of an odd pattern, the residential will peak and then it will go down and the commercial will peak. Right now we are just, everything is peaking at the same time. This shows just the number of plats, the number of lots that are coming through our office. I'm not sure everyone knows exactly what Final Plat submittal entails but all those little conditions that get in there. That's when they get enforced and it's not just a real quick 50 -minute review ordinarily. It takes a period of hours sometimes, even days to get through these plats. At one point last week I had 16 in my office in various stages of review. The one good thing is that we have begun cross training and there is five of my staff that's involved in it now. I don't know that they want to be involved in it but they are. De Weerd: Lucky you. Watson: They are doing a great job and it's really helped my sanity as well as the developer's timeline. Once in awhile the question of out sourcing comes up as compared to bringing on new employees. I asked our staff to just quickly go through and look at what we are out sourcing presently. It came back with quite a list really. When we look at all these different aspects of what goes on in our operations and design we have. I'll back up a little bit. There are some cities that do a lot of design in house and they do a lot of repairs in house. They do TV inspection and all the stuff that you see here is stuff that I know some cities do in house. We just looked at the numbers of the cost and the number of employees from the consultants that are working on our projects and it looks like we could have another 20 full time employees doing all this stuff very easily. So the only point of this is to show you when we get to the personal request. That we don't take that real lightly, 1 don't at least personally like to add staff unless we absolutely have to and I think we've done a good job of that of farming some of this stuff out. And these people can do it efficiently and cost effectively. These are just a few slides to show you I guess what is physically being done. We've upgraded the telemetry system that was approved last budget year for several of Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 105 of 156 the lift stations that are out in the field. This enables the guys to know what's going on a lot better, a lot quicker and get out there if there's a problem sooner. This was a project that was finished up I think this winter. It's called a Dissolved Air Flotation Thickener and I briefly described it I think at a Council meeting earlier and it takes slug and thickens it. It's a pretty cool process. It has little air bubbles that go up through the slug and then it comes up and floats to the top and it's pretty cool. One of the things to point out about this project is it's just how and the picture doesn't do it justice, it's so clean and it was done so well. Carollo Engineers designed this and the Ewing Company was a contractor on this. By all accounts it went extremely well for both us and the contractor. It's a good project. If you are ever out there, you don't have to go up in the tank and look at the floating slug but just go around it. It's very nice. This is the current project at the head works. Contractors Northwest, they are based out of Coeur d` Alene but they have a Boise shop they are doing this project, doing a great job. This will build out the head works for the next 20 years, pretty excited about getting this up and going. Just a picture of the Black Cat pressure sewer that is pretty well completed at this point. I know it caused a lot of consternation out on Ustick Road with road closures and that sort of thing, but we are out of the road now. Go ahead. Added another blower; you approved that a year ago. This is just a little slide to show you that work is being done on the Black Cat Lift Station; it doesn't look like much is going on out there. It's still a dirt lot. We should be bidding this I think in September; hopefully we'll have a winter construction to keep out of the groundwater. The gravity sewer that goes down Black Cat Road to Franklin Road is fully designed. It's just been on the shelf for three months. We can only probably build it during the winter because of groundwater concerns out there. The second issue is that ACHD wants to team up with us and rebuild the road to it's final profile while we're doing this and they had some budget issues to work through. So the timing is lining out fairly well for both of us. Water projects. We've got pipe going in all over the impact area it seems like. This particular one out on Eagle Road between Ustick and Fairview. We program this a year ago thinking we were really proactive in keeping way ahead of all the development and now we've got a Lowe's breathing down our neck. But we'll get it up and running and get their fire flows for them. Here are all the wells that are in various stages of construction. Twenty-four in Tumble Creek was completed I think late last year. Twenty-five is drilled and just waiting for the pump house to get built. Have we bid that? Yeah we've already bid that one. 26 the test well is done. 20 B which is up by the Ustick Reservoir in Settler's Park is under design right now; well on it's way. As I mentioned earlier, one of the things we've been trying to do with water is squeeze everything we can out of our existing infrastructure because of the water rights issues and we don't need to go into that until we get to that enhancement. But we've had some issues with water rights and adjoining water (inaudible). So rather than go through the lengthy process of securing these water rights we are trying to do some innovative things. This is something that because of all the growth along Eagle Road and that North Locust Grove area. It just made really good sense to push some of the water that's not being utilized in the western part of the City to be pushed Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 106 of 156 upward. This should be under construction real shortly and really it's going to benefit that major commercial growth over there on Eagle Road. De Weerd: Hey, Brad? Watson: Yes. De Weerd: I don't mean to digress, but in looking at our budgets in some of the other departments that we have irrigation taxes and we were to consider the buyouts so you don't have to pay those every year. Do you lose water rights? Are water rights associated with the irrigation taxes? Watson: Madame Mayor it's my understanding that we — if you opt out — well, you never do have a water right. You have a license to use Nampa Meridian or Settlers water rights. If you opt out, I am not sure — I don't know if I ever asked that question if you can get it back. De Weerd: I guess at some point if you could help with your opinion or expertise or knowledge on if we should opt out instead of paying, you know, these dollars every single year, it makes more sense to opt out, but I don't want to risk losing anything and I didn't think we have water rights, but we do lose any rights to access water that we are not currently accessing, so I just don't know what sense it makes. Watson: You know that's a good point. AT some point we should probably get a listing from finance on — I know Reta has asked me periodically, you know, I have got an irrigation tax due on this piece of ground, what is it? And that's as far as I have gone, but we probably do need to do a complete inventory on it and see where it goes. De Weerd: Well, I am sorry, but it seems like since we were kind of talking about water, I would ask that question. Watson: Sure. The purpose of this slide is to just show a completed well site. I am not sure if you have seen them lately, but this is the type of product that we are turning out now. This is the one in Tumble Creek, sort of kitty corner to Tulley Park. These are really designed to blend in really well into the neighborhood, with the landscaping. Usually we ask the developer what kind of exterior they want — stucco or siding and shingles and all that. This is kind of the trophy whenever we start negotiating with the developer on a well site and what we are going to build in his neighborhood. We tell them to go check this one out. De Weerd: Is that the one that was vandalized? (Inaudible discussion) Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 107 of 156 Watson: Hadn't heard about that one. Nary: Brad, this is probably a reminder, but you know we are selling that other property that has extra property because we didn't want to maintain it anymore. Are we going to run into that when we buy larger pieces or do you think that that's still a better way to go? Watson: Councilman Bird or Nary, sorry. This particular one was an odd situation because this little tiny piece of ground was donated to the City years and years ago at the very, very minimum square footage it had to be to contain a well. What we have wanted to do is increase those and every thing that we have asked for since probably 1998 has been bigger to accommodate either potential treatment that's required by the state or a replacement well. So, in this particular case if this well goes bad and we just can't remediate it or (inaudible) it, we can move their drilling rig north and plunk one down there. If we need to do some chlorine it's not really disinfection because there is no bacteria, but if it turns out that we have to maintain a chlorine residual in the water then we have the space to put in those facilities. No we won't surplus this one. Nary: Okay, thank you. Watson: This is my last overview slide before we actually get into the enhancements. I just want to keep this in here and keep this in people's mind that we continue to bid out a lot of projects every year and very successfully. We had one minor hiccough three years ago that sometimes gets brought up, but we have probably bid out 60 or 70 projects since then very successfully without any protests, without going to court or anything, so I think we are doing a real good job and I don't do this anymore. Lynn and Clint and our consultants are the ones that do it, so I think between them and consultants they are doing a great job. I guess that's a look back on the last year and with that we will turn it back to Gary for the Building Department enhancements. I will be back later. Building Department Smith: Thank you, Brad. First enhancement is converting a part-time department specialist right now to a full time position. We presently have two and one half full time positions and we want to make that three. Reason for that is because we have had our department supervisor down there during the days helping out in getting work processed, so that the particular inspections can be made and she needs to be spending her time upstairs, so that is the reason for this request is to change that part-time position to a full time position. The second enhancement has to do with some lease space. We have additional inspection staff coming on board and enhancement #3 will point out one of those positions. We are also still short one field inspector. Is that right, Brad? Affirmative answer. Meridian City Council Specia[ Budget Workshop Meeting July 13, 2004 Page 108 of 156 Smith: Yeah, one field inspector we are short right now. We haven't hired from the last budget. The additional space that would be required or requested here is 1,000 square feet and we would propose adding that downstairs adjacent to the existing Building Department. That was going to be done in conjunction with the Planning and Zoning's anticipated move to larger quarters. They were looking at moving downstairs before we became advised that the insurance company upstairs was moving out. So, alternatively, and this would go into (inaudible) #5 in the engineering enhancements that Brad will cover that we will want to or propose to take over their space, Planning and Zoning's space upstairs if they are allowed to move across the hall into the vacated insurance company space to facilitate their new staff. I think that was all I had on that. Did that make any sense or is it totally confusing? De Weerd: It's fine. Smith: The #3 enhancement is our — is a position that we want to provide to answer some of the concerns that the Transition Committee brought to the floor in their report. That is to better coordinate the plan review process for commercial plans that come through the Building Department and this position would have several functions. One would be to more closely monitor the time that's being taken review and approve those plans to shorten that time period. This person would also provide a backup to our present Building Official, our present contract Building Official in case he is absent for one reason or another and also would provide some quality control, quality assurance on the inspections that are being made by our contract inspectors in the Building Department. Kind of spot check from time to time. Those are the three enhancements that I have for the Building Department. Do you have any questions that 1 can answer? Mayor, I will be meeting with Kenny Bowers and Joe Silva this week to discuss the Fire Department review of the commercial plans. At this point just as kind of a side light information, their contract inspector/plan reviewer is spending about pretty close to 40 hours a week, just doing Meridian work. So, I think that with the emphasis that's been placed on the turn around time for plan review and having this Building Coordinator in place to monitor that and have to keep your thumb on it, it can only get better. I think right now it's better than it was. De Weerd: Thank you, Gary. Smith: Thank you. The next presenter will be Rick Clinton our Water Superintendent. Rick, would you like to come forward? Water Department Clinton: Mr. President, Madame Mayor, members of Council. I am pleased to be here. Enhancement No. 1 is a full-time operator, grade 3. We basically have two Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 109 of 156 work person positions right now that are doing operator related work. One of those two work -person individuals recently through a process reciprocity received their level three certification and I really would like to be able to promote him to level three operator's position rather than risking losing him to another purveyor. The other one is for a level one -operator position. What my hopes would be is if these two are funded I would quite likely promote from within and then fill the work -person positions from outside is my goal. Enhancement No. 3 is for radio read equipment. I have got a couple of notes here. We -- earlier in the year (inaudible) this summer we were able to move forward with some radio read equipment. Just some statistics that I have, we have added approximately 5,000 new accounts since 2001. We are currently at about 17,000 accounts. We had previously had in our budget request an additional meter reader because we haven't added a meter reader since I took this position in 2001 and I think as a result of our moving forward with radio read, I am very comfortable that we were able to resend that request. This particular request would allow us an interrogator, which I found out just recently in order for our radio reading equipment to work that we have purchased, we need to have this interrogator. So, hopefully it's funded and we will on an interim basis, I hope, be able to rent a radio read capable interrogator to (inaudible) move forward on radio read until October 1St. The rest of the funds in this one are for MXU Units, which are basically the little radio -sending unit that we install on the meter bits that will allow us to start expanding our radio read capability. One other thing that I am hopeful is that in the near future we will be visiting the rates and receiving authority to start charging for those radio sending units with the sale of each new building permit, so from that point forward everything new going in the ground would be radio read. De Weerd: Probably the sooner the better. Clinton: That's my goal. De Weerd: At the rate we are going. Clinton: We are having a lot of accounts. I am kind of moving on through these, I assume you will ask me questions if you have questions. The cross connection control program enhancement — I was at the City Council meeting last week and met with a little opposition and I would like to take an opportunity to explain a little bit about what we are after. I would like to start with perhaps explaining the mechanics of a pressurized irrigation system and how it can potentially, could potentially contaminate the municipal water system. We have got a tremendous amount of the City in Meridian now that is pressurized irrigation. We don't Have a real good handle on how many cross connections we have out there, but what could potentially happen is any one of the systems that a local operator, the retired individual from the homeowner's association who would really like to get rid of the complaints from the guy on the end that doesn't have enough water pressure goes out and he turns up the pump pressure just a little bit on his Meridian City Council speciai Budget Workshop Meeting July 13, 2004 Page 110 of 156 pressurized irrigation to eliminate that pressure concern from that last customer he exceeds the pressure of our water system and we then have pressurized irrigation water pumped back into our municipal water system. It's a profound concern that I have and I think that through this process we can significantly reduce our risk of that happening. There was one other thing that came up the other night was a question about a right of entry. I think Bill raised that question to me. One thing that in our current ordinance that I have been able to find is in Title 9, 1-10 there is a provision for a right of entry for inspection and testing of water line apparatus and you may look at that and see if that answers your questions. Another thing that concerns me about the way we are currently doing it — enforcement is not a customer service friendly activity currently the way we are doing it right now. I think the Mayor could attest to that. We spent a lot of time and a lot of money trying to improve customer service and 1 just don't think going out and trying to enforce individuals to test their backflow devices is setting well with a lot of people. As I have indicated in my memo to you from a couple of weeks ago, there have been a lot of complaints. I think the final thing that — before we move on actually — one of the key points that seem to, I think, raise everybody's concern last time was this price tag of $200,000 and if we take a look at that from the perspective that it is essentially going to cost a dollar per month, per customer to implement this program and I guess I can't think of anything that will benefit the health of the community for a dollar per month per customer as much as protecting the water system. So, I feel very strongly about it and I just want to make that known:. Does anybody have any questions on that before we move on? Okay. Enhancement No. 5 public education water conservation. I think that's fairly self-explanatory. Enhancement No. 6 is an emergency response plan. This is basically a mandate from Homeland Security and it's something we have got to do. The Safety Program, I think, Brad kind of touched base on that a little bit earlier. I think it's -- we are making headway on it and I hope we can continue to proceed with what we need to on safety. Enhancement No. 8, Water Right's Adjudication — this is basically in defense of the Snake River Basin Adjudication and our water rights are very important to us. Water Master Plan and Future Needs Assessment — the key purpose in this is to demonstrate the need before a water right application is filed using the delay for an application to be processed. As we all know, new wells are vital to growth. Enhancement No. 10 is leadership training. Gary feels pretty strongly about supporting this enhancement and so I think I am looking forward to doing some leadership training in addition to what the City is doing at the upper management level just with Public Works. Enhancement No. 11 Space Analysis — Brad has got a handout for you. While he is handing that out, I will kind of cover some of the concerns — I will pause for a moment and allow you to review the memo if you'd like. De Weerd: Rick, have you heard from BSU on what their plans are and when they are going to be out? Meridian City Council speciai Budget Workshop Meeting July 13, 2004 Page 111 of 156 Clinton: The only thing that i heard was from the instructor down there who told me it would be at least two years before he was moving, whether the rest of them liked it or not — that it would take him one full school year to move all of his facilities and his students would have to do that. At least from his perspective it wasn't going to be something that was going to happen probably until 2006. Has everyone had a chance to review that? Okay. I think this slide up here kind of demonstrates that some of our personnel do not have adequate work space and in some cases it's starting to cause some conflicts, especially when we have got two operators that are using the break room as office space and sometimes the lunch activities conflict with their concerns about a cup of coffee sitting on their work space or somebody not cleaning up after they make a sandwich on top of their maps. This photograph here on the lower left and I am not sure all of you have been in the Water Department recently, we have basically had to remodel a closet to allow one of our two receptionists to occupy that closet area there so that we could go to two full-time individuals which (inaudible) merited last year. We moved from one and one half to two full-time positions in fiscal year 2004. Then the photograph on the right — my three operators that are occupying what was originally intended as a file cabinet storage area. Fortunately they are not in there all day long, but it's pretty cozy when they are in there. In addition to personnel concerns, desirable security controls cannot be achieved at the present site. I think that may have been addressed in the memo from the (inaudible). We also as you may recall had a mold investigation done just recently by somebody in environmental. I had a phone conversation with him this morning. He has estimated that's it's going to be between $5,000 and $8,000 to remove the mold. He says it may be more than that once it is opened up, if it's more extensive than first estimated — part of the cost is the containment during cleanup of the mold, I guess, in the air. f=ollowing the cleanup then we would need to go back in, which we have a current contract for to test to make sure that we have got all the mold and he estimated that at about a thousand, but that's the current contract that we are in with him that we have already executed. De Weerd: Where do you have mold? Clinton: In the ceiling area from the leaky roof over a period of years. The majority of the mold is in the southwest corner where BSU occupies it. There are numerous leaks that are in different areas of the building, but they weren't able to establish that there was mold there, but there is mold in the rafters and dry rot over in the BSU side. One of the things that we are hoping for today is we are seeking direction from the City Council on an existing site verses a new site and we have tabled the space analysis that we currently have until the outcome of the budget hearings so that we can get some direction from you on whether or not it's more cost effective to try and do this mold cleanup, re -roof the building and look at some sort of modifications to the existing site to meet our needs. Nary: Rick, on the enhancement request it says 1.2 million. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 112 of 156 Clinton: Correct. Nary: And is that for remodeling or is that for a new site? Clinton: The 1.2 million, I think, would probably cover either option. Is that correct, Brad? Yeah, that was our intent. So — Nary: So, it would cost — it could cost 1.2 million to just remodel that building? De Weerd: --and expand. Nary: -- and expand? Clinton: Yeah, what our goal was to try and achieve a 20 -year growth rate with this expansion so that for 20 years we could accommodate the fleet vehicles and the expected and anticipated staff additions. Do you have anything you would like to add to that Brad? Watson. Yes. Madame Mayor, Council President part of that — it's not just to expand the building, it was for an additional shop area and additional vehicle storage and some relocation of vehicle storage in the back It's not just a per foot building expansion. It is a very loose number. It was simply something our architect gave us as a rough per square foot plus this and kind of gave it to us because we didn't get very far in this study. We came to this decision point and didn't know how to move forward. If we told our architect no we are not interested looking at the existing site, go find us something else we knew we needed some input from you before we did that. On the other hand, if we keep looking at this existing site, it's like throwing good money after bad and these things keep turning up and we come back here and you say why didn't you look at an alternative site, well, we would feel pretty silly too. So, we have an existing contract with BRS for about $20,000 — $22,000 to look at the existing site and make it work. They have back with to us with this memo and said we don't think that's the right thing to do. They said that they would — if we had them look at both alternatives, do a fairly detailed (inaudible ------) conceptual look at cost that we would probably meed to increase their contract by about 50 percent, so somewhere in the $30,000 to $35,000 range to look at both alternatives. That's kind of the decision we are looking for right now. Do we just look at that existing site for $22,000 or do we go back for a contract amendment and look at both things? Or do we just scrap the site? I don't think that we would necessarily want to do that, not even look at the existing site. That's where we are. That's the main decision we are trying to get here in fairly short order and number two, obviously, is to get the enhancement approved so that either way the study comes out we can move forward this next fiscal year. Bird: Mr. President. Meridian City Council speciai Budget Workshop Meeting July 13, 2004 Page 113 of 156 Nary. Mr. Bird. Bird: I don't know how bad the mold is — I don't know if Will has known this and let the insurance company know that we got mold in our building. We should. I for one, I don't see moving the location but I think you could through a lot of dollars in that existing building and not have a building worthy of moving into. It's going to depend a lot on how far that mold has went. if that mold has went very far it's got to come down anyway. Myself, I would like to see us pursue the new building with the new shop, design the thing so that it's employee friendly, customer friendly, security friendly and we don't have mold. We do need to let Will know stuff like that there so he can get with our insurance people. Nary: Is it feasible at all for that site — I don't know how large that site with the building is or where the park is and 1 don't know if there is a necessity for it to be in that location. Is it for it to be there, or it is just there? Watson: Mr. President, 1 think it's just there. We inherited that back from BSU and it looked like a better opportunity than it was at Bower Street for the Water Department. Nary: I wonder if it's a feasible option to basically — when I used to use that park a lot when my kids were younger and we would go to that park it seemed underused. I know it gets used a little bit more during seasons for soccer and the like, but it's seems underused. Is it feasible to build the building in the back of that park and then you won't have to move the shop and when that lease with BSU expires you can tear that building down to make the park in front. Then you don't have to move everything, you don't have to move your shop you may have to expand it, but you can take the rear section of that park that, at least in my past experience wasn't used extensively and then we could green up the front when that — and tear that building down completely when (inaudible ----) is done. Watson: Right. Mr. President I guess I haven't thought through that particular alternative. There are a couple of site constraints. There is a main sewer — well, that's the old Wastewater Plant, so one of the main sewer trunks for the City runs right through the middle of that park, which would interfere with locating the building a little bit. There is probably some space to one side and I can't recall exactly where it's located. I guess the second would be the access off of — what is that Chateau that stubs right to the north end of that park? It's kind of a bad little spot for traffic, but — Nary: Just a thought. A trunk runs through there you can't build a building right on top of it. l understand that, but — Watson: Right. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 114 of 156 Nary: -- it's cheaper since we own it rather than going out and buying another piece of ground and build a building on it. But I agree with Mr. Bird. I think — I would certainly want to explore a new site or a new building at least obviously because we do need to build facilities for the employees as well as the public and the cost of mold and repair and remodeling is going to eat it up pretty quick. Watson: 1 just want to make sure I understand. I think from what I am hearing, my direction to BRS Architects would be to, well maybe I am not sure what 1 am hearing. There existing direction is to look at remodeling the building or we increase their contract to look at a new building, whether it's on that site or another site. Do you --- Nary: 1 guess that's what I am in favor of. Rooftree: Yeah, I think that's what I am hearing; a new building. Bird: That's what I am saying. 1 don't even want to mess with that. You are paying $22,000? They should be able to design a 200,000 square foot building for that. Watson: Well, the contract that we have, I think, with the existing sum if we don't go down the remodel option then our contract will be fine. We can just go down that road. It just changes the — Bird: I just don't think that we need to be throwing money at (inaudible---). De Weerd: If you have mold that changes everything. Watson: And it was a fairly recent report and we will get it to Will for sure. Any other questions for me, or --? You look like you have one. De Weerd: No, I don't. I am surprised. (Inaudible discussion) Bird: Boy, I tell you it isn't a laughing matter if the right attorney got a hold of it. Rooftree: Mr. President. Nary: Mr. Rooftree. Rooftree: Brad I know you are seeking a different direction as well and I am not sure this is the right site myself and I don't know what the rest of the Council feels about maybe citing this building in a complex with the potential new city hail complex. Is that's something we want to contemplate? Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 115 of 156 Bird: No reason you can't put it within the city hall is there? Rooftree: Well, that's something I am asking. Bird: Well, you do need a shop, Charlie. Rooftree: And I understand that. Bird: I don't know what that — the last time I was out there that shop wasn't too bad, but it don't look like it's big enough. Rooftree: So, I will just throw that out there for consideration. I mean if we are looking at a new building, it would depend somewhat -- the design would have been somewhat on the site if we are stuck with the site then we are okay, but if we are thinking about trying to stimulate activity in downtown Meridian then you increase the size of the campus for the new city hall and include ancillary buildings for these kinds of things. I don't know. I would think it would certainly benefit the customer that they don't -- that if they needed to deal with the Water Department they wouldn't have to try and find this, which is not very easily found. De Weerd: I think that's probably preferred on shut off day. Rooftree: That's probably true as well as cancellation of all phone numbers. De Weerd: (Inaudible ---) Rooftree: Well, that's okay I just bring that up for some direction. You might want to think about that a little bit and come back to us in terms of is this really a good site for this. Watson: Okay, Councilman Nary, I think we can work with the architect to at least get the preliminary stages of the space analysis put together. Maybe the citing part we can look at those two issues: the existing site verses some — I haven't been following where Council is with that and the Hudson group and all of that very well and if there are potential sites, but we can have some concept level analysis of the existing site verses something else, I guess. Nary: I think maybe to sum up at least, it sounds to me like the Council's preferences would be to look at a new building for the facility and some alternative sites. Obviously, that site may be usable, it may not be. There may be other sites. I guess for me, I don't know about the rest of Council, certainly if it is already city owned property it's much more beneficial. If it's not then we may look at some alternatives. As Councilman Rooftree pointed out if downtown city hall site is what we are working on then maybe adding this to that site may be much more beneficial to the public as well. The only other ones that I could think Meridian City Council Speeiai Budget Workshop Meeting July 13, 2004 Page 116 of 156 of offhand is the Wastewater Treatment Plant. What did I (inaudible--) Mr. Shawcroft? (Speaker unknown): No not yet. Watson: Yeah, those are all ideas that we can certainly look at a little bit. Clinton: One other thing, I guess before I move on that I do want to maybe point out is that maybe this remediation report that was just issued a couple of weeks ago, I have been playing phone tag with the consultant up until today trying to pin him down on a cost, so 1 haven't really been in a position where I could provide the Clerk's Office with an estimated cost of damage until today and I just got it by verbal when I pressured him and told him I needed something to come to the meeting with, so — if something in written form is of benefit, I think I could certainly get that. I do have about a 30 -page report. We contemplated whether or not to hand it out here today, but it seemed fairly burdensome, so we decided that we wouldn't hand it out unless Council members requested it. Does Council have any other questions before we move on? Bird: I have none. Clinton: Thank you. Enhancement No. 12 is capital outlay for wells. This is basically just to repair breakdowns within wells that Finance Department should be capitalized rather than the normal (inaudible). Number 13 is new wells and water mains. I am almost thinking that Brad may be able to address this a little better than I can. Do you want to take it Brad, or do you want me to --? Okay — again all the new construction is pretty much done through Public Works, so I think Brad has a little bit better handle on some of the waterline extension activity than I do. Watson: Just real briefly, these are just more growth related projects, well, except for the rehab — that's to go back in and redo one of our wells that doesn't have real great water quality and — De Weerd: Which one is that? Is that the one over there by Cherry Lane Golf Course that we keep getting complaints on? Watson: No, this is Bear Creek. The well in Bear Creek Park. It has some staining issues from what I understand. There is nothing unusual here. We have got the waterline extensions. They include four or five different projects — (Tape turned over) Watson: (inaudible--) don't have a geographic location tied to it at this point, but just the way things have gone over the last four to five years we always need that Meridian City Council speciai Budget Workshop Meeting July 13, 2004 Page 117 of 156 extra well in there to jump on something if we need to. Well #28 is — Lynn might have to correct me if I am wrong. This is Franklin, Ten Mile Road — is that our--? (inaudible discussion) Watson: Okay. It was simpler when we only had ten wells. Well #27, which has already been budgeted for is going to be Ten Mile and Franklin kind of in that Black Cat Trunk area and #28 and #29 haven't been geographically pinpointed yet. We probably could do the next one here real quick. We've been putting in a $100,000 each year for the urban renewal waterline projects. This is simply to upgrade, repair, replace antiquated waterlines that need to be done downtown as sort of the vision of the MDC, I guess. We are still kind of waiting for that vision to come to us so that we know what to design too. De Weerd: The whole area. Watson: Well, we can throw a million at it every year and make it all 16 inch, but once we get that real clear vision from MDC then we can hit this pretty hard. This will show up in the sewer or the wastewater enhancements as well. There is a little bit of work being done out of this account. When ACHD tore up Bower and 2 and 3rd or whatever they did downtown there this summer, we did upgrade some waterline and so there was some money spent out of this account this last year. I think that's it for the enhancements. Do you want to wrap it up? will let Rick wrap it up. Well, thank you for your time. Clinton: Before I leave the podium I do want to take a moment to express my gratitude to our outgoing director, Gary Smith, for his years of service and just acknowledge this is his last budget presentation and let him know how much I have appreciated working for trim. Thank you. We have got a lot of stuff here. Do you need a break? Affirmative answers. Nary: Five minutes. Watson: Okay, that would be great. Five -Minute Recess. Wastewater Department Shawcroft: First Wastewater Enhancement is Phase 1 of the wastewater upgrade. I don't think I have to really spell out for you the dynamics of what the City's growth has been, but one of the things that I did tell Mayor De Weerd was once upon a time and it's still true that for every dollar you spend pumping water Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 118 of 156 out of the ground you are going to spend $2.50 to $3.00 cleaning it up and returning it to the environment. So, that's the fiscal dynamic that we deal with. De Weerd: To a better condition than we got it out. Shawcroft: Absolutely. (Inaudible---) Shawcroft: So, anyway this wastewater upgrade is a substantial amount of money and it will increase our capacity upward of seven to nine million gallons with a peak of twelve. If projections go right, if we can get this built and the ground online by the end of 2006 we should have plenty of capacity in the foreseeable future with a few upgrades on the way. This is the major one. Next is the safety program. I am one of those few people who has the privilege of running an industrial complex and started out a couple of years ago trying to get the safety program in place. We have made a lot of progress and this is to keep that going. Last year I did have — when I checked with HR it was three time -loss accidents and my estimation that is three too many. Consulting: In my consulting budget, I have requested some dollars to defend our MPDS. When it comes up the application is in. Typically, it takes about 2 % to 3 years to get a permit, so we'll operate on our old one in the interim. It will also — bio -solids go along with that and so does the pre-treatment program. So, that's where those dollars go. Part-time mechanic: A couple of years ago I had three full-time mechanics. One of them quit and we tried getting along with a supervisor and two full-time mechanics and with the way the plant's going, age, new equipment we are going to try and add a half-time person and stay even. Eventually that will, obviously, have to go to a full-time position, but we would like to try the half-time position first. Collections operator 1: This one, the UUC, which is the Underground Utility Commission — is that right? Coordinating Committee Council — I used to go to it and I don't even remember the name. But, what most of the cities do is when they do line locates of where the utilities are, especially sewer, they locate the task in these other cities. So, you will go along in the cities and they'll — but the main sewer and then they will put the taps where the taps come off. We don't do that. In our ordinance, we have always just marked the mainline. So, if we start marking the taps as to the other cities in the Valley, we will require a full-time person to do that. We get in the neighborhood of eight to twelve line locates a day on average. Minor capital: these are just miscellaneous things that will be capitalized. The lab would be some testing equipment for phosphorus, new microscope, and traffic control. With ACHD we have a memorandum of understanding that says we will do traffic control when we are in the right of way. That money is to make sure that we can fulfill our obligation under that agreement. The rest is fairly self-explanatory except the mower attachment, I think, and our lawn is quite thick in the front and even though Parks mows it, it doesn't mulch it. So, what we end up with is a lot of grass laying on the surface and it tends to kill what's underneath. So, we have to go and re -mow it or we Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 119 of 156 have to pick it up and move it. So, that's to get a lawn sweeper to pick that heavy grass up. Lift Station SCADA: we right now have, I believe, five lift stations that have SCADA on it. This is to complete putting the rest of those lift stations on. What it will do instead of daily visits or sometimes twice-daily visits will go to, like, once a week or as necessary because the SCADA will allow us to watch how that lift station performs. So, this will save us some onsite visit time and thereby some man hours. Truck Bay Wash Rack: last year we asked you folks, the Council, for some money to enclose two truck bays so that we can keep some of our bigger trucks warm in the winter and when we actually went out to try and do this project we found that "A" it needs to be designed correctly and "2" we had under guessed what it was going to cost us. So, in discussions with Public Works and my own staff, we thought that we needed a wash rack for a long time because what we do is when we need to clean a piece of equipment so that we can repair it or service it, we take it and set it out on the influent and wash it off with our pressure washer and that is against our City ordinance. We don't allow others in the City to do it and we probably shouldn't be allowing ourselves to do it. So, we thought to combine the two into one project and see if we could get those two bays, get them heated and designed in such a way that it can also do a dual duty as a washrag. Nary: Excuse me, John? Shawcroft: Sir. Nary: On that particular one is there some recaptured savings from a prior budget then if we'd already funded —? Shawcroft: Yes, there is $15,000 sitting in this budget this year that we did not spend because once we actually got to looking at it, we knew we were in over our heads. Nary: Great, thank you. Shawcroft: Pretty painfully obvious. Nary: That's an odd term from the Wastewater Treatment Plant. Shawcroft: It's an uncomfortable place to be. The next is sewer line construction and as you know these come mostly through Public Works and so, although I have not a lot to say for them that's what that enhancement is for to do certain extensions; and the same with urban renewal, parts of the Old Town. We have a lot of old sewer pipe that needs to be taken out and new put in so that we can get on with that project. And leadership training, which is Aspire On. The Wastewater Department has already used Aspire On extensively, they have in my opinion been very helpful and I think they are reaping the rewards out there of that and this is for the continuation. There is the summary. I am going to try and Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 120 of 156 get you guys out of here by five, so if you have any questions I'd be happy to answer them? De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess, John, over the last year or so we have had some issues with sewer lines in Old Town. Shawcroft: Correct. De Weerd: And I know you have the money set aside for urban renewal, but can there be some kind of a program looked at in terms of where you set money aside, people that would like to kind of as an insurance type of thing that if something happens they have that money to help with the ---? Shawcroft: Are you talking service lines? De Weerd: Yes. Shawcroft: Their own individual, private service lines? De Weerd: Like when there is more than one house on — Shawcroft: Oh, yes. Bird: Know the situation. Shawcroft: I do. De Weerd: And I think that there are some other cities or communities and there used to be grants available and I understand those grants have dried up. Shawcroft: They have. De Weerd: You know, we do need to look at this because I would anticipate that this is not just the only incident that will happen. What can we be doing in terms of anticipating? Shawcroft: As to my knowledge and you would have to check with the City Attorney on this, but to my knowledge, I do not know of any law that prohibits a Council from taking some discretionary action to do such a thing. I know there are laws that, as you are well aware that say what you can and cannot do with it, but I think mostly were constrained by ordinance. So, to achieve that would be mainly a function of the Council. Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 121 of 156 De Weerd: I guess I would look for recommendations on what others have done and what this department wants to do. Shawcroft: I will do some research and get back to you. Does that work, or --? I certainly don't have anything at this time in that direction. De Weerd: Well, I didn't know if it had been anticipated. I think I (inaudible ---) of a woman who has continuous problems, not that woman, but another one and you know I think we are paying for it in our insurance claims and we just need to start taking a look at this and see what we can — Shawcroft: Yeah, I know as the ordinance sits now anything that is on their line is their responsibility and that they pay for it and whether or not the City decides that they want to hedge that bet, 1 say, will be strictly a function of this Council. We can look into it and we can find out what other cities have done, what we can do and what we can't do. De Weerd: Yeah, more of these unusual circumstances where there is more than one user on the line or in terms of where they are backing up on our lines as I understand it and we just keep doing the cleanup, but — Shawcroft: Right. De Weerd: -- that would just be disgusting. Shawcroft: It is. De Weerd: I know it is. I have had it. Shawcroft: Yeah. Unfortunately, you know as it sits at present there is very little that we can do for these people. We can feel empathy for them, we can try and guide them in the best direction, we can try and find them a contractor or at least give them a list to choose from, but at present it is not — if we follow the ordinances we cannot help them a whole lot unless it hits our main, which is unfortunate. But that is the way it is written and until such a time as Council decides to take action to change that then that's the constraints that we live under. De Weerd: I guess if we can have options or examples and certainly recommendations — Shawcroft: Sure. I know that City of Boise goes to maintain it's lines to property line and we don't do that — owner responsibility goes clear out into the right of way to the mainline including the tap and that's — Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 922 of 156 De Weerd: Even if it's down the street and across a couple of properties — Shawcroft: Exactly. Yes. Good point, though. We can certainly investigate that for you. Would be happy to. Nary: Anything else Council? Thank you, John. Shawcroft: Thank you. Watson: I am back again. Just to follow up on that real briefly. There are some other things that I know other communities have done and I hate to even open this can of worms, but like United Water has their leak guard program where you pay another buck or whatever per month on your account and I think it's more or less an insurance fund that pays for your sewer — or your water service. Maybe we can look at some of those programs. The other thing that we are actively doing is (inaudible) all of the Old Town sewer this summer so that we can prioritize and identify where the major problems are and I think that is really going to get us a long ways towards some of these problems — solving some of these problems. Public Works Department Watson: I will try to get through these engineering enhancements fairly quickly. The first three are personnel related. The first one is for kind of a combined position at this point. It's a GIS Analyst/Engineering Tech. They would basically be pulling double duty as we get our GIS system up and going, they would be the main person manipulating the data. You will have to forgive me; I am a little ignorant on exactly what they do. I know what it's supposed to be when they get done, but they would also help the engineering staff with just typical engineering tasks like water, sewer, and modeling, some of those things. The second enhancement is for just an engineering tech to — the intent of this particular enhancement is to find somebody to help Bruce Freckleton in his job. Right now he is doing all of the staff reports for every application that comes through this City. He is obviously a little overloaded. We have three existing engineering technicians that are doing plan review, legal descriptions, pre -cons, record drawings; we found out over the last month that for one of those persons to start assuming Bruce's duties backs everything else up and I intimated to the Mayor last week we are not meeting what I would think would be our timelines for sure — what should be our timelines. But, Bruce is back so hopefully we can get back to where we want to be. Third enhancement is what we are calling a project site representative. This is more than a field inspector. This is somebody that can monitor our heavy construction projects at the Wastewater Plant and the Black Cat Lift Station. The intent of this is to have somebody with some heavy construction experience, maybe some concrete inspection certifications, those sorts of things — people that have run big projects before. The problem we are having right now is that we have so many projects going on and really with Lynn Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 123 of 156 and Clint being the only two engineers on staff to administer those problems — or those projects. They are spending a lot of time doing things that this person could be doing, whether it's verifying quantities in a pay request or just answering contractor's questions. They come up constantly, just hour after hour almost. I am not sure that's the best use of their time. The one thing that I did note on the enhancement is this could conceivably could be — not a temporary, but not a permanent position once we get through the next major upgrade at the plant in this Black Cat Lift Station, say 3 '/z years from now we will take another look at this position and if there is no heavy construction then maybe it's not needed at that time. There is one item that didn't make it into the enhancement or into the presentation. Gary mentioned during the Building Department enhancements that we wanted to increase the half time Department Specialist to full-time. Well, the great scheme was to move that half time person up into the Engineering Department. It does show up on your summaries in the budget books and it is included in the total amounts, it's just not listed out as a separate enhancement. It looks like it's about $11,000 wage for this part-time person. 1 think it's in there. If you approve it, it's all good. I just wanted to make sure you knew what we were doing. I debated on this whether to go out of script again at this point or not. One of the things that we are doing is Gary and I have been working with Phil and Josh from Aspire On for several months on some reorganization of our whole department, but it doesn't really touch the Wastewater and Water Departments right now. We don't have it quite ready. 1 was hoping maybe we could have it for you today, but the whole intent of this is to make it more efficient, obviously, and get people where they need to be and reporting to who they need to be and just make things a lot smoother. So, that is forthcoming. Back to the script. Enhancement No. 4 is GIS Consulting. This is significantly less than it was last year and we will anticipate that this will continually go down as GIS staff comes on board. This would include some training from our consultant, maybe some data conversion. It will never completely go away. There will always be points and time where our GIS staff runs into a road block, whether it's lack of expertise on some certain thing or simply a lack of time. But we think we are on the right track with that one. Enhancement No. 5: you probably had an idea this was coming, based on what Anna talked about and what Gary talked about in the Building Department presentation. Our grand scheme is that Anna would move across the hall in our building and engineering would take over her space, if these three personnel that I have proposed are approved and hired, we are lacking one office for them. We do have a little bit of room where some cubicles could be set up, but often times engineering work is not done very well in cubicles, but I think in the next three to four years we will utilize most of that space. The other thing that I will want to do is bring all our field inspectors upstairs as well. That will allow the building people to all remain downstairs and actually have a place to sit when they are in there reviewing plans. Approximately one-third of Anna's space would be utilized immediately this coming year, if this is approved. The one thing that evidently Gary and Reta spoke during break that my figure is short? Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 124 of 156 Cunningham: Yeah, by $4,800. Watson: I had it $25,200 figure in there; evidently, P&Z is actually paying $30,000 per year on that space. De Weerd: So, add what, $5,000 to it? Cunningham: $4,800. Watson: Enhancement No. 6 is the same — it's really the same thing that you have seen in the Water and the Wastewater, it's just our prorate share of the safety program. This involves a retained safety director by contract. He is involved in training onsite inspections, investigations hopefully not very often, but he would be the one doing the follow up accident investigation to identify how to prevent it in the future. As you'll know we just made that the department -wise strategic initiative No. 1 just across the board. I think we have got a huge buy -in from all divisions in this department to make that really one of our main priorities. Enhancement No. 7 is another thing that you have seen in both water and wastewater. Those are funds for continued leadership training above and beyond what the City as a whole does. I think it doesn't necessarily have to be Aspire On, but that's who we have been working with up to this point. I think we have seen the benefits of working with those too. Finally, No. 8: capital outlay. This is kind of the boring stuff. We need some field inspection equipment. This amounts to some magnetic field locators for our field inspectors and some safety equipment as John alluded earlier (inaudible). Our field inspectors are part of the MOU with ACHD as far as any activities in the right of way whether we are doing maintenance inspection or whatever we might be doing. So, we put $10,000 in there for some of those pieces of equipment and we also, just because we have more people, we are coming up short on vehicles lately. So, we have put in for another Jeep -type vehicle. We bought one used from GSA four years ago or something and I think it was Forest Service surplus. It's worked really well. It's a rough ride, but it works well. So, that's kind of what we are planning on trying to find again. The other one interesting thing and Councilman Rooftree suggested this to Gary and I several months ago, maybe several weeks, I can't remember. We are going to replace the 1986 Crown Victoria, the one that has the paint peeling and it's Gary's baby, I know, but it's time has come and gone. Nary: Sounds like a retirement gift to me. Get that surplus resolution on the agenda and here we go. Watson: One of the things that Councilman Rooftree suggested is that we look into a Hybrid vehicle to replace that Sudan. I don't know think that's a good idea. Being engineers we think that's pretty cool. We'd like to get one of those in our shop and lift the hood and see what's under there. I think that's it, just a summary slide. I think we are pretty well done. l guess John and Rick have both thanked Gary and they think he is going to be done, but he is not going to be Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 125 of 156 done. He'll be back and he will be getting phone calls all the time. We will see if we can suck him back out here again next year this time because 1 know he enjoys it, I know he does. De Weerd: He'll be bored. Watson: Yeah, he'll be around. Anyway, I am done and I thank you very much. Do you have any questions on any of those? Nary: Council any questions for Brad? Bird: I have none. Smith: Mr. President, Mayor and Council I would just like to make a couple of comments with your permission to close out. Nary: Certainly. Smith: The budgeting process is really an integral and vital part to providing services to our customers and citizens and through the Finance Department under Stacy's leadership and Reta's outstanding help, they have simplified it, detailed it and they have strengthened it and I applaud them for that. 1 extend a special thank you to Brad and John and Rick and Lynn for all the work that they did to put the elements of our budget together to present to you today. Just a couple of other comments; what we do here is not about any one of us, but what we do here is about all of us as a team and what we do is to provide the best service that we can for our customers and the City of Meridian. What we do we also do for each other because each of us can make each of us better? What you have here in this group is a great leadership team that I am very proud of and I think they are a great attribute to the City of Meridian. We thank you for your support of this department in the past and I am sure it will continue in the future and it's been my honor to serve you and the City of Meridian, our customers and I thank you for that opportunity. Nary: Thank you Gary. Council is there anything else? De Weerd: I think I should clap or something. Bird: What time do we go tomorrow morning? Nary: Do you want to go tomorrow, Mr. Bird? You don't want to finish today? Bird: I prefer to go home and eat. I eat (inaudible). Nary: We can get dinner and not meet tomorrow. I think Councilman Wardle had a conflict tomorrow unless that's changed. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 126 of 156 Wardle: If we could finish this evening that would be fantastic. How long do we think it would take? Nary: Well, I think we have on the agenda review revenue. I don't know how long that will take. Cunningham: She is going to skip that one. She just handed you the handout this morning. Nary: Okay. So, Council I guess it would be helpful to not meet again tomorrow as well, but I mean I can be here if I need to. Bird: Well, if you want to go, President, you are the one calling the shot. Nary: If you think we need a little break or we want to have some time to discuss it we could order dinner. We don't have a meeting until seven, so we have got time. De Weerd: We would probably need to know where we are at. So, I think — we haven't deleted anything, we have added things, so — Nary: Would it be helpful to you, Reta, if we took a few minutes and then we could come back and then kind of see where we are at and maybe we could discuss while off the record about ordering some dinner and maybe we could get this all done today. Recess. Nary: All right it's almost five o'clock and we are ready to continue on with our budget workshop. We seem to be a little in the red. I think Ms. Kilchenmann was just getting a cup of coffee for — (Speakers not using microphone) Cunningham: Are you guys ready? Nary: I think we are ready. Cunningham: Now the Mayor isn't here. Nary: That's okay. Cunningham: Okay, the first thing I did is I moved the $5,000 out of the Council (inaudible) and put in down in the Mayor's budget and I also added $1,000 for their youth council money and then (inaudible) $800 (inaudible-----). Then I also Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 127 of 156 increased the (inaudible) contribution to ($ inaudible). Now in the Police Department I increased the first enhancement to (inaudible-----) ($ inaudible). Fire: 1 got to looking at fire this morning when they were going through their enhancements and we have not included the FSLA, the 12 hours for each officer. So what 1 increased are 12 paramedics per one month by $4,000. Bird: Yeah. Parks and Recreation Department Cunningham: On the Parks — on the recreation supervisor, you know she said we were going to reduce that $2,700, but (inaudible---). So, I took that out and now (inaudible -----------) enhancement and so for the general fund summary, here is where we end up: We are going to have a negative $132, (inaudible). Bird: Mr. President. Nary: Mr. Bird. Bird: On the Parks and if we have plenty of money — would you go back to the Parks there on the recreation supervisor? Council, I thought that's what we had Kathleen doing was the recreation supervisor. Do we need two recreation supervisors in our department at this point? De Weerd: Reta, what was the savings of the Adult Sports Coordinator and the other half-time position? Nary: $2,700. Cunningham: Yeah, it just ended up being $7,700 and then she says that if she doesn't get this position, she also needs that part-time office assistant for another $5,000. So, if we take this one out then we are going to have to add that $12,000. Bird: That's still a $30,000 difference. Cunningham: It's still cheaper. Bird: I don't know. l am asking the rest of Council, what do you think? I am open. De Weerd: (Inaudible). Wardle: Mr. President. Nary: Mr. Wardle. Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 128 of 156 Wardle: Just to answer Mr. Bird's — just real quickly just to answer — is this Kathleen's position? It is not. Kathleen is the Recreation Superintendent. I will give the Parks perspective on this. They would like to take the Recreation Program further such as the Adult Sports and the Adult Sport's Coordinator is the individual who puts together all of the softball leagues and basketball and volleyball leagues. What they wanted to do because they need a second or because they are requesting a second office assistant to help with calls, especially after hours from maybe five to seven o'clock. They are looking for someone to answer the phones and help out in the office. They decided to try and consolidate some of those positions and elevate a position to a supervisory level and the recreation supervisor. That is the kind of the explanation that Doug has given to me. Certainly it's up for discussion and they knew it was going to be an issue of discussion, so it's good that we have this discussion. I just wanted to make sure that we had the Park's perspective on it. Bird: Follow up. Nary: Mr. Bird. Bird: Then what is Kathleen's job description if she is not running these things too? I mean, as a Recreation Superintendent, I don't understand what the job description is doing that. If it isn't part of it. (inaudible) running the programs. Nary: There we go. Were your ears burning? The question, Doug, is what's been raised so far is that Recreation Supervisor position and whether or not there is some overlap with the current Superintendent's position and I think Mr. Wardle has stated they really aren't the same positions, but I think the same question now before the Council is if they are not the same position then what's Ms. Keebler going to do? What is she going to be doing differently than this Adult Sport's Coordinator Supervisor position? Strong: That's a reasonable question that's come up on a number of occasions. It's a separation of responsibilities. The Superintendent position, typically, (inaudible ----------- ) for records and services throughout (inaudible), working on agreements within the school districts (inaudible ----------------) and information goes through that (inaudible -------------------------------- ). She is in charge of (inaudible) and information distribution (inaudible ---------- ). This person — the difference is that they are more in the trenches out working with maintenance, planning programs and (inaudible---) out for special activities and special (inaudible ----------------------- ). Calling enhancement will also suggest that this person is (inaudible----------------------------) volunteer program with the department to (inaudible) and maintain and train volunteers (inaudible ---------- ). Throughout (inaudible -------------------------------- ). The duties of each position would be separate with Kathleen's position. (Inaudible-------------------------------) and this person, being a full-time professional focus and other services offered throughout Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 129 of 156 the community. There are a lot of things that we are not currently doing in Meridian and(inaudible------------------------------------------------) programs or activities (inaudible--------------) and certainly (inaudible----) summer -camp type of (inaudible) not just the type of summer camp we are seeing (inaudible) soccer camps and sport camps. This person would work with all those different associations (inaudible) PAL and Meridian Baseball; coordinate their activities with (inaudible----------------------------------), as well as locating poles that aren't being (inaudible) organizations that are (inaudible-----------) that we did (inaudible- --------------- ). A real important aspect of this would be a full-time, professional (inaudible-----------) services (inaudible---------------------------------------------}. If that's enough of an explanation? Nary: Sure. It sounds to me a little bit like the discussion that we have a lot that it's sort of the chicken and the egg. I mean, if we don't -- we always want to see an improvement in our programs and not a decrease in our programs, but we don't always have quite the level of personnel or the amount of personnel to make sure they can focus on just that and not spread themselves too thin. Is that fair? Strong: I think that is very fair and the thing that I haven't mentioned is that most of what this person would be dealing with would be the programs that would generate revenue. I wouldn't go so far as to say that they would generate revenue that would pay for the position (inaudible). I know that recreation programs typically do that and the recreation (inaudible --------------------------------- ). But there would be revenue generated from registration programs and the service would grow (inaudible-----------------) with one person (inaudible ------------- Y Nary: Thank you, Doug. Mr. Wardle. Wardle: Mr. President, just to talk about something that Keith has brought up and we are $132,000 short on our budget. One of the things that we can consider from this position is that, from my opinion, the we are increasing the level of service and that's a goal of the Department, but at the same time to keep up with the level of staffing that they need, we can add a part-time assistant and not necessarily increase the recreation program at this time, but we certainly don't want the Department to fall behind on it's service to our actual customers and so I think they provided us an option in Enhancement No. 6 realizing that it is and would be an enhancement to service if the Council feels that, but if not with Item No. 1 then Item No. 6 is necessary. Doug would that be a fair assessment? Strong: Yes. Now that would be certainly a second choice and would prefer to have a full time person. We have a number of issues going on in the Department right now just with following up calls and activity at the front desk (inaudible-------- }. (Inaudible-----------------) and if we (inaudible) programs after we should continue (inaudible----------------) not just seasonal and it's taking a lot of time. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 130 of 156 (Inaudible----) administrative assistant that does invoices and (inaudible------------- ----) and other local agencies beyond helping out with recreational (inaudible) and it's become a big chunk of our time (inaudible -------------------------- ). Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just one more — I am not quite sure of the entire process of this, but if we consider this when we are essentially saving $30,000. One of the other items on here, Item No. 10 that Doug and I talked just a little bit during our break, the Black Stone Pathway. We have some issues with Nampa Meridian Irrigation and some — the project itself is not flushed out very well at this time, I don't believe. And so, while there is $10,000 in impact fee money, there is also $1,350 in the general fund for operating and expenses that I am not sure merits the enhancement in this budget year. Bird: Mr. President, Nary: Mr. Bird. Bird: And I am not saying that we need to. I just brought this up because I fully agree that we need somebody to do it. This Recreation Supervisor isn't going to help our winter sports at all this year. Could he not come along board until October and if you don't already have your league signup by then the teams are signed up at Nampa, Caldwell or Boise. Thank God Nampa and Boise is running us out and won't let us in, hopefully we can get some of their overflow. But, we have got to have more adult leagues to pay for this. I realize that they shouldn't have to pay for the supervisor, but they should pay for themselves and stuff like that and you don't do it with a six or seven man basketball league or a five or six team. So, I am all for it if we can get an aggressive guy that goes out and gets this stuff. For 30 years I have fought for an adult recreation program in here and then I get too old to enjoy it, but I do have a son that still gets to enjoy it and stuff like that. I am not against having it as long as both of them — as long as we get the programs in place and get them going. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: Sometimes the risk you run with having historical knowledge can be a detriment, but you know several years ago we had a much stronger program and we had fewer employees and so I would like to see a strong strategic or business plan for the recreation program that shows what, with milestones and benchmarks on the direction they are going. I know that this program was Meridian City Council Speciai Budget Workshop Meeting July 13, 2004 Page 131 of 158 derailed and it needs to -- it's — there is a lot of work that's been done to put it back on track. I would see that right now at this point our — (Tape turned over). De Weerd: -- in some areas has taken giant steps forward. In other areas it was stronger a couple of coordinators ago and so I would like to see the program strengthen with the option six and show that the plan on where we are going and how we are going to get there and have the extra effort in those that we all know that the adult programs do pay for the children programs and once we can strengthen those that this full-time position would be a lot easier to justify and show that it can continue the momentum that's been set. But, right now we are where we were a couple of years ago with even more staff in supporting it and so if we add this additional Item No. 6, 1 think that can again continue the momentum, but help in justifying the request for next year. Nary: I would concur with what the Mayor said. I think we do need to improve the program. I guess what I am not seeing in the material is what's those measures of success? How are we going to know -- are we going to have the same discussion next year and saying boy we sure need to get a better program, but we are not really sure how we are going to get there? So, I guess I agree with the Mayor that having those measures would help us be able to evaluate what is the point that the current setup and the way it's being done isn't going to work and that we do need to add the staff to be able to get to the next level that we want to be at. I just don't know what that is. But, I am just afraid that without that we are going to sit here a year from now and say well we still don't like it, but we don't know how to get to where we want to be and so I think, I guess to me, would be a better alternative right now is to have that sort of roadmap of here is what we are going to get to and here is as far as we can go and here is when we'll know that we need to go further than that. Nary: Mr. Rooftree. Rooftree: Mr. President. I will give Doug an A+ for giving us an option on this one and that's a good stroke. I agree with everything that has been said in terms of the recreation program and the need, but I think what the bottom line is that we have got deeds that out -strip our (inaudible) revenues. We can do one of two things. We can increase our revenue projections by that amount or we can cut and I think we had better cut. I think this is an opportunity to find $30,000 and let's move on to the next issue and find out where we can find the rest of the money. De Weerd: Can I make a question on Item No. 11, the Police Station half -acre park and why that can't come out of impact fees? I guess it's more of a technical question than — it is park development, you are bringing additional land on (inaudible) and why it's coming out of the general fund? Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 132 of 156 Strong: It's my understanding that (inaudible------------------------------) De Weerd: is that right? Nary: I don't know. Bird: Don't they pay back fees out there? On that ground? Nary: Those people at Woodbridge pay impact fees? Bird: I thought they did. Wardle: Yes, they do. De Weerd: I just thought that was something that — Nary: And it is an improvement on the existing park, but the impact fees aren't only for acquisition. Rooftree: (Inaudible) it's new. Nary: Well, that's true. Strong: (Inaudible). Bird: I thought they did. Let me — before we move on -- and then I would agree with Charlie, let's get on with this. Our adult recreation from basketball, adult basketball I can tell you one thing I talked to six teams last year that played. If we don't change we won't get them back. So, we need to have somebody strong and 1 know poor Kathleen got stuck in a corner last year thanks to her predecessor, but if we don't we will lose them all and then we will start over. Strong: Well, I don't know what's going on is (inaudible ----------------------------- ). Bird: You put a bunch of 20, 30 -year-old big men in a gym that's fit for grade school you get fights, you get that kind of stuff going and you don't want that. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just to, I guess kind of move us along. As I see it if we — I believe the figure that we are looking at is $30,000 in savings, but — oh, we have got it up there? Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 133 of 156 Rooftree: Yeah. Cunningham: (Inaudible) number one and number six, I added their enhancement plus the savings from number one. Did you want to take (inaudible)? Wardle: Well, I would also then delete number 10 and then if we can move that $10,000 in impact money up to the item No. 11 and delete the $10,000 from the general fund — double check and make sure that qualifies, but certainly if it does, that would be a better use of the $10,000 in impact fees than the Black Stone Pathway at this time. That, in just my calculations, is a little over $41,000 swing to where we are trying to get. (Inaudible discussion------------------) De Weerd: I would think it qualifies and so I'd just put it there. Because you will have the Centers project, Multi -Family a block from it, you have Woodbridge a block from it, I mean it's — we'll have residential on at least two sides. Rooftree: Do you know which one it is? My busy --- Wardle: Is that the figure where we are at? (Inaudible discussion) Wardle: So, that was a $44,399 swing? Rooftree: Yeah. So, that's $50,000. Cunningham: Anything else for Parks — or? De Weerd: No. Bird: We got him bad enough. Let's go to finance. We can get finance real good. De Weerd: Doug is looking awfully good today; i think we may move on. Rooftree: Thank you, Doug. De Weerd: And he is ducking over there. Bird: Yeah, don't throw stones at us now, Doug. De Weerd: Weren't there some suggestions in Police? We did add the — Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 134 of 156 Rooftree: We added De Weerd: We added and we talked about the surveillance — Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Did the new budget figures also figure in the new Police Officers that we had asked for? Nary: Yes. Wardle: They did. Okay. Historical Preservation Cunningham: (Inaudible discussion ---------------). The Senior Center contribution and does it include the Historical Preservation request still? De Weerd: Oh, we can take some out of that. Wardle: Let's go to that. De Weerd: $15,000. Rooftree: $15,000, yeah. Bird: (Inaudible----------) De Weerd: Take that 10 and that 5. Bird: Eight, ten, seven and five. Cunningham: (Inaudible-------) want the ten, seven out? Bird: Isn't that what you wanted out? De Weerd: The 10 and the five. Nary: The five would cover the -- Bird: (inaudible) — number three, which they wanted. Nary: Right. The other would cover what training or memberships or something like that. Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 135 of 156 Berg: $15,050. De Weerd: Yeah, keep two, three and four and take out one and five, which is $15,000. Berg: $15,050. De Weerd: $15,050. Rooftree: Mr. President I would suggest on that Historical Preservation thing — I mean I understand what they are trying to do to register properties, but 1 have a hard time accepting that the community needs to pay half the fee for registering properties where a private individual reaps the benefit of tax reduction and that sort of thing. Bird: Right. Kilchenmann: They also have $2,000 in the bank (inaudible---------------------), De Weerd: That's the Historical Society. Bird: In the first place you need the permission — Rooftree: Yeah, this is different. Bird: --of the owners. Berg: No. De Weerd: It's not? Berg: No. We are required — Madame, Mr. President we are required to have a line item for Historical Preservation — Rooftree: Right. Bird: Yes. Berg: -- and so that's that $2,000. Now, I don't know of anything that says that we keep that in a continuous account. Kilchenmann: Well, we just (inaudible ------------- ). Berg: Correct. So, if we don't use it it goes to capital outlay? Meridian City Council Special Budget Workshop Meeting July 13, 2004 . Page 136 of 156 Kilchenmann: No, we appropriate (inaudible------) Rooftree: So, they already have a base. This is an additional enhancement so they have a base for their dues, which that's probably where it ought to come out because it seems to me like that's a base budget kind of an item, an annual dues. I just throw that out for consideration. If we do put money in there for site registration, 1 feel there ought to be some participation from the private individuals that reap the benefit. if it's a commercial or publicly owned facility then I don't have a problem doing that. Nary: Maybe what to do is — I guess it wasn't clear from the presentation if those properties are public properties or -- Rooftree: Well, he indicated that he'd talked to two individuals that were willing to register their properties. Nary: So, maybe what we can consider doing is instead of putting $4,000 towards that, putting $2,000 towards that and a directive that we would only match up to half of the half that is supposed to be on the private side, so that would be $500 and then the property owner would have to put in $500 and the Historical Society put in $1,000. Rooftree: I think that's excellent. Nary: The other one, I guess to me — that consultant services or something to preserve the existing stuff. Well, if we don't do it now when are we going to do that? I mean, who is going to pay for that or how is that going to get done? That's material that is going to go away -- Rooftree: Right. Nary: -- if someone doesn't do something with it. That would be the only concern. Maybe $5,500 is too much money, but it seems like there is — it makes some sense, but if there is already an existing $2,000 we could certainly put a small amount towards just that part of it and they would have enough to at least get started with both the registration or if they wanted to look at -- Rooftree: So, put $5,000 total for site registry and documentation of existing records, with the stipulation that they would have to have a 50150 match on site registry if it dealt with private parcels. Nary: Yeah, I would feel more comfortable with that and then we would at least be basically trying to assist, but (inaudible) the whole bill for it. Rooftree: I would also suggest that they are asking for $10,000 for site inventory. At some point and time we are going to have that for grants and some of those Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 137 of 156 kinds of application of what we are going to need in the future, but we might want our Planning staff to investigate the opportunity of getting an art's grant or cultural resource grant of some kind to assist in doing that in the future. I think that's a valuable element and in my opinion I would have put that as number one priority, but — De Weerd: I would ask that this particular portion of the minutes be transcribed for the Historical Preservation Commission so that they have a better understanding of the direction of Council here. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just to — one of the items that they are talking about was for the $5,500 for the consultant services that essentially scan the data that Lila Hill had put together. I think -- might be something that as a City we could find somewhere in an internship program or something that they could be utilized in one of those departments. I heard a recommendation that we essentially add $3,000 to the current base budget of $2,000 for a total of $5,000 is that correct? Rooftree: And an additional $2,000 for site registry. Bird. Yes. Rooftree: So, that would give them $7,000 total. Wardle: $7,000 total. (Inaudible speaker): Let's do it. Nary: But, I think if we do as Madame Mayor suggested and we include that as part of that allotment that they'd be looking really towards an intern type of program instead of simply just a consultant agreement. That might make it a little bit better and make their dollar stretch a little longer towards — I think Councilman Rooftree is right I think that survey is a better long-term goal. Now Council there is food that is here. Cunningham: (inaudible). Rooftree: Now are we leaving the Senior Center contribution at 25? Bird: Yeah, but you got to put $2,000 more on the Historical. Rooftree: No, the two is already there. i,. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 138 of 156 Nary: I guess on the Senior Center, I agree with Mr. Berg. I guess my only issue with it and just for the purpose of discussion is if have historically in the last five years given them $15,000 what's our basis to increase it to $25,000. Bird: Because they have got a remodel coming on, Mr. President. Nary: Well, that's what they have a grant for. Bird: Yeah, that grant isn't covering all of the remodel by a long shot. They need to get their garage wired, enlarged and everything else so they can get that big bus in there. De Weerd: They have to expand the garage. Bird: Yeah. De Weerd: They have wiring on other components to the building if that was it. Bird: But they would accept anything, Mr. President, and be very happy to. Nary: And I am not trying pick at anything, just for the purpose of discussion. I mean if we have given them $15,000 and they haven't asked for an increase and they — De Weerd: Well, yes they have. Nary: Well, yeah, okay. They haven't come here and asked for an increase, just didn't know the basis to justify the increase. 1 am not opposed to it; I just wanted to make sure our record is clear. Bird: Yeah, and if you want take five out of it, I have no problem with that. I think we got a gentleman here maybe that can answer on f=uller Park. That $10,000 and like I said, we don't have a set way of the way we are going to do it, Charlie, but we don't know whether that SWACK is going to be matching or what the deaf is. If what you are buying is $20,000 and we are matching with $10,000 and you are matching up with $10,000 or — do you know what the policy --? Because they didn't know and we certainly don't know. Rooftree: Who are you talking about "they"? Bird: The SWACK. Rooftree: SWACK. You know we talked about that recycle program being a matching program, but I don't know that it's within the power of a temporary committee to establish that kind of policy. It seems to me that that's something that the City needs to do by ordinance or resolution. f Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 139 of 156 Nary: I discussed with them this morning about putting some proposal together and then bringing that back to Council, that's kind of the criteria that it would be. De Weerd: And updating the committee to (inaudible) for something other than temporary. Rooftree: Being on both sides of that particular item, 1 guess all three sides all surrounding that item, but Fuller Park — the use of that funding is for expansion of playground equipment. If it requires a match I am sure we can come up with the $10,000 match. Nary: Council, I don't want to lose momentum, but there is food here, but I think it will keep if you would like to just -going. I just wanted to let you know. Bird: Let's see if we can't get down here a little bit. Rooftree: What are we down to about 67? Bird: What was that one — did you take out, Reta, for the Police did you take out that security system around the building? Cunningham: No, 1 did not. Bird: I think we need to take that out, don't you, Council? De Weerd: That's $30,000 — Bird: Yeah, like $31,000 or something like that. Nary: Isn't that off of capital anyway? (Inaudible answer) Nary: It's off of capital. Bird: Oh, that's right. Cunningham: Do you want to take both of them out? De Weerd: No. Bird: No, no. Cunningham: Just the $30,100? i I Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 140 of 156 Bird: Right. Cunningham: Down to 37. De Weerd: Well, I think, too there was a position for a Fire Prevention position that was over priced. Do you have any idea what — I think they have time — Drug Prevention person was around $17,000; if we reduced to at least 8 that certainly puts in a little better — Nary: What if we reduced it in half? Rooftree: Do it in half. Bird: I was going to say do it in half. Nary: Still put it in there that it's civilian fire prevention. Bird: Well, not only that's civilian, but we have got to make sure that they only work so many hours a week. Nary: Right. If you changed that heading to civilian fire prevention and moved it down to that 26,150 or — that seems more in the ballpark of what we are looking at. Bird: If we go part-time, Mr. President, I think that Tammy is right you are looking at maybe $17 to $18,000 is all it would cost. Cunningham: I just divided it by two, so now we are down to $17,000 there, right? Or are we down to $24,000? Nary: Yeah, but if we want to make that smaller we certainly can make that down to 20, just so we know what we are getting. Bird: Well, I think to start out we don't need anymore than that. Nary: Okay, so move that one, again Reta, from $26,150 to $20,000. De Weerd: let's see what else there — Bird: Let's leave it there for a minute. Nary: All right. De Weerd: You need someone with qualifications. Kilchenmann: Maybe we could start (inaudible-------------) Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 141 of 156 De Weerd: Well, you would probably want to start that Police Officer the same time you do the Patrol Officers. Wouldn't there be some training in that sense? Nary: Right. Kilchenmann: (Inaudible---------) Nary: It's more problematic, I think though, to stagger one than it is to stagger a group, just from training and the like. De Weerd: Yeah and make sure in that Patrol Officer's you put one as — you change the three to a one. Rooftree: How many infield positions do we get to go into the fiscal year with? De Weerd: Just one that he has a contingent off or out on. You could start in maybe the beginning of the year. Rooftree: No, (inaudible-----) De Weerd: -- (inaudible---------) that wouldn't be that much. Nary: I think the only enhancement that we really have realistically left in that on the table is that Anti -Drug Coalition Coordinator. Bird: Ooh, I don't want to drop him. Because we are losing our SRO's. De Weerd: And our highest crime is property crime and most often than not it's drug related. This is a — Nary: Just mentioning it for discussion. De Weerd: Thank you. Bird: Mr. President. Nary: Mr. Bird. Bird: Going back to the fire. Maybe this year we know we can't buy a fire truck maybe we can knock down that money we are putting in the fire, even though it is capital, that wouldn't take out of it anyway. I was going to say we could take 25 out of it or so. Kilchenmann: We (inaudible-----------------------------------) Meridian City Council special Budget Workshop Meeting July 13, 2004 Page 142 of 156 Bird: Oh, okay. Nary: I am just saying this for discussion, not because I am promoting it, but we could certainly move that station 4 back to October 1 and not buy that extra month. We are in the black and it's only a month and it means only opening the station in January rather than December. But it puts us in the black. Bird: I am not too sure, Mr. President, that we still couldn't open it in December. Nary: (inaudible ----------------- ). Bird: We could be ready to go on board October 1st, get in their training. I am not too sure we couldn't because not all of them are going to station 4. Rooftree: Right. Bird: Only three are going to 4, so you are going to send out — you are going to send the other six that are going to be experienced firemen. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just my opinion on that is that we're running the pilot program. I understand that we need to cut to meet our budget to balance it, I am not sure — I think the month of extra training even though it's going to cost because I see some additional dollars — I think the cost to make sure that that pilot program is up and running and that those paramedics can complete their duties to protect the public safety of our citizens, I think it's worth it and that's my opinion and I want to ensure also that that fire station opens just as soon as it can. Nary: Well, and I guess I look at it as, you know to me at least at this juncture without knowing any more there is not — there is at least a possibility because we always have this happen sometime that there is delay in opening the station anyway just because of construction. I don't know — I guess I didn't get the sense, maybe I just understood that this was really additional training. My understanding is that we were wanting these online in September so we could open in December. They are going to get three months of training regardless. We train even brand new firefighters. We don't always hire people with experience. We hire people that just come from many other walks of lives and we don't know that we are not going to hire paramedics who have firefighter experience. The month is nice, but in the reality for $72,000 dollars if we move it back to October 1st that it's really going to kill us. I want to open that station south of the freeway as much as anybody because I think it is really important, but I am not sure what else we can do without really actually cutting something. This is really just the length (inaudible). Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 143 of 156 Bird: Mr. President. Nary: Mr. Bird. Bird: On the line that you are on and I agree with, I am like Councilman Wardle I'd like to see them get on board as soon as I can, but one fire chief that is doing the paramedics it's shorter time to train and to fight fires than it is to be a paramedic or an EMT. Basically, if we have paramedics we have no medical training that they would need. All we would need to do is to teach them to fight fires and they are all going to just be firefighter's 1 as far as the fireman's classification. I could live with the October 1St, too, as long as we have got it ready to go on board October Vt. Cunningham: Okay, do you want me to take it out? Rooftree: Well, if that was the intent, I don't see any reason why it should be in the budget in the first place. Bird: Well, they wanted to go — Nary: They wanted to get them online September 1St to begin the training. They can't actually begin training until they are on. Bird: Kenny wasn't real heart broken over it. Nary: No. The Chief certainly said he would be fine if they had to start October 1St it wouldn't matter. Bird: Yeah, take it out and see what we — we know what we are there. Cunningham: Okay, now you have a positive. Rooftree: Well, I would suggest on that item, you are not going to be able to fill all those positions at once anyway. Nary: Sure. Rooftree: You are talking what, how many positions? Bird: Twelve. Rooftree: Cut it in half. I would be surprised if you could get six online that quick. They are going to be hard to come by. De Weerd: Well, they are going to need to train all at the same time. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 144 of 156 Bird: We have got to get nine on at least. If not we know we can get by with six because we got three extras, but we don't want to cut it (inaudible--). Wardle: If 72 buys us four weeks of training and if we need 24 to balance the budget and it we can cut that to 38 it will still put us in the black, but we get an extra two weeks of training. I think I could probably live with that understanding that, I think Councilman Rooftree is right and I am not sure that you are going to fill them all at once. We would like to and hope to. Bird: I think you will. Kilchenmann: (Inaudible----------------------------) Wardle: Don't say never. Kilchenmann: (inaudible ------------ ). Rooftree: At that wage? De Weerd: I think that's — Wardle: We have a little bit of money left. Rooftree: That cuts it pretty fine. Cunningham: Okay, now we go to Special Services Fund. What I did there is I (inaudible) push back the assistant planner and that also included a $31,000 dollar reduction in legal fees and then I decreased the growth management consultant. (inaudible ---------------------- ). De Weerd: Yeah. Cunningham: The Mayor (inaudible-------------------) less. De Weerd: Well, the Finance Committee met and I was told that that was the amount Meridian would be asked for. Cunningham:(inaudible -------------------------- ). And then on the Department Specialist we decreased by the $11,000 (inaudible-----) there is a part-time position that will be dropped (inaudible---) when the billing move to Public Works and also dropped the office leased space of $21,000 because the Building Department won't need any additional office space and P&Z goes across the hall and Public Works (inaudible ----------------- ). Wardle: Hang on one second. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 145 of 156 Nary: Wasn't the issue of that $31,000 reduction in legal fees that were not very clear as to how much of that is really going to be taken over by that planner. Isn't some of that the actual lawyer that sits in the Planning and Zoning meeting? De Weerd: Yeah, that's --- Bird: I don't like seeing that stick in there. De Weerd: And that's what I told Anna to begin with is, you know, it has to be based on the merit of the workload and not just an offsetting by — and you know that's why she focused on their workload with or without it to justify the need for it. Cunningham: So, you are saying — add back the $31,000? De Weerd: Well, I just -- it's not — they charge us not just Marlene's time — Nary: Right. De Weerd: -- so that's misleading. Cunningham: (Inaudible). Nary: And we may see some savings if, but someone is going to type it whether it's Marlene typing it or somebody else typing it, there is an expense. Yeah, I don't think taking it out probably at this juncture would make much sense. De Weerd: You could take out that withdrawn by Mayor, though. Cunningham: Okay, and they would still have $50,000 that they would need to put into the kettle. Also, I talked with Gary and he is going to get back to me on the (inaudible) because right now the Building Department is paying the rent for Public Works and so he said he wants (inaudible) square footage on how much Public Works actually have and how much the Building has. So, we are going to move some of the rent in their base. De Weerd: Now what I didn't understand is when they talked about the increased lease amount, he talked about that they would be filling it within the next three or four years. Well, I'd hope they are not there in three to four years. If Keith does his job right. Bird: What are you talking about? De Weerd: Well, I understood from that lease that they were — that they are leasing more space than they need because they will grow into it in the next Meridian City Council spedai Budget Workshop Meeting July 13, 2004 Page 146 of 156 three to four years. Well, I hope that we are in a city hall by that time. We are leasing more space than we need. Bird: Next year at this time we will be second — two stories up and will be going, if we can find the steel. Nary: Well, we have been here all day. De Weerd: Well, that would be awfully hot. Nary: So, that puts us $50,000 in the black for the Special Service's Fund? Cunningham: Yes. Bird: The problem is their revenue — this is strictly based off of revenue and if their revenue isn't conservative — De Weerd: Their revenue is conservative — I mean we have blown our revenue budgets for Special Services this year. Bird: Yes, we have. De Weerd: Incredibly. Kilchenmann: The thing you have to remember is that P&Z is (inaudible) by the Building Department. Bird: Yes. Kilchenmann: So, whenever it gets to the point that the Building Department — if things aren't growing like they are, P&Z will not — we will have to make some changes. We have to move into the general fund or reduce the staff or something. De Weerd: Certainly understandable. (inaudible discussion ----------). Nary: We didn't talk a great deal — just for discussion purposes, Council, we didn't talk a great deal about that code enforcement officer. Bird: I think we have dropped it somewhere along the line. Rooftree: Well, that's because we didn't have fees in place to support it. De Weerd: Well, I think we all believed in the code enforcement officer and we need it. Meridian City Council Specral Budget Workshop Meeting July 13, 2004 Page 147 of 156 Nary: Well, we currently have one full-time and two part-time. So, this is an additional full-time and continue with the two part-time. Again, I am not married to any of it. It's just for the purpose of discussion. Is everybody comfortable with that? De Weerd: Do either full or part -times want to — is it better to increase one from part-time to full-time? Wardle: Mr. President. Nary: Mr. Wardle. Wardle: And I don't know the answer to that question whether it would be better to delete one part-time position and create one full-time, but I do believe we had a presentation not too long ago from Mr. Venneman and in my opinion it seemed to me that that department was severely overworked and really just trying to meet the needs of current violations and not getting ahead of any new ones. De Weerd: And based on the number of emails and letters I get in my office, I think that's kind of an understatement. Wardle: I believe it. Bird: Well, I think they are so — I think he is so busy that he doesn't have time to take care of the — the only thing he just puts fires out. Kilchenmann: Well, Anna — (inaudible ----------------------------------------- ). Maybe it would be better to have two full-time and not have the two part-time. She felt that the full-time person was (inaudible -------------- ). Bird: Stacy, turn that microphone on. I couldn't hardly hear Doug and I can't hardly hear you. I know my ears are bad, but — Kilchenmann: Okay, 1 will start over again. Nary: Here is the request is in the police section. Kilchenmann: Yeah, we should have had the — the police didn't address this one, but Anna was just saying that she felt like maybe having two full-time people and another person like Joe Venneman might be more effective than the two part-time people currently are right now. Bird: I agree with her. Definitely agree with her. Rooftree: But you'd have those savings. Bird: That's right, Charlie. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 148 of 156 De Weerd: We should probably touch bases with the chief tonight if he — just to verify that. Kilchenmann: Yeah, we could. We don't have to have this completely — Nary: Here in the write up it says that one of the part-time positions wants to move to a full-time position. Bird: Is that in the police? Nary: Yes, it's in the police section and in the write up it indicates that the — it should be noted that one of the part-time code enforcement officers has expressed the desire to move to a full-time position. The Department would request that the funding for the two part-time positions remain intact. So, this would be basically moving one up to a full-time, still having a part-time so they would hire another part-time officer. De Weerd: I think we should move the part-time (inaudible). Well, you can go ahead and do something and we can run it by the Chief and see if he wants to provide any further information that we can (inaudible) out to. We want to publish this by the end of the month, is that it? Bird: Yes. We have got to. De Weerd: So, you can make your recommendation and if he needs to come back and comment to that recommendation, we can have him do it at the next Council meeting. Nary: Yeah, because we can always cut it back to just having two full and two part-time to go to two full-time and one part-time, but we can't do it the other way. Bird: That's right. Cunningham: At August 13th 1 need to have the notices to Will's office. August 101h you guys are actually going to adopt the numbers. Bird: We needed a couple of days ahead of time so we can see how smart we are. Rooftree: See if they still add up. Bird: See if you guys have pulled something over on us. Kilchenmann: Yeah, sometimes, but after this many hours they don't add — we go back the next day and like "who did this"? Where were our heads? Bird: Well, I know you sit in there and plot against us all the time. Kilchenmann: I do. l.- Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 149 of 156 Nary: They put back what we took out -- it just comes out of finance. Kilchenmann: We do, that's how we — Bird: Finance, that's the one we got to look over twice. Nary: Well, I thought we took that out, I guess we didn't. Cunningham: Okay, you guys want to go to Enterprise? Bird: Please. Cunningham: Okay, in Enterprise we didn't make any changes. So, let me know if there is something you want to do with this. Nary: Based on their revenue projections, where does that leave us on the bottom line with what they have requested as enhancements because I didn't see anything that ended up feeling like --? Cunningham: We actually broke up their money — operating money and assessment money and so — Nary: Pull the microphone over there, Reta? Cunningham: Oh, yeah. This year we broke up their monies and we have operating money and assessment money and then we also broke up the budget the same way. So, in both operating and assessments they are going to go into their fund balance or into their retained earnings for them. I listed down here what their retained earnings are. They currently, at the end of last year they had 38 million and they have 14 million that they were carrying forward, so it left them an unrestricted of 24 million and they want to spend 12 million for next year. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: The one item that I saw in here that we did have a little conversation on wasn't in this meeting, but it was in a pre -Council meeting or in the Council meeting was the cross connection for — in the Water Department. De Weerd: The backflow of $210,000. Bird: That's $210,000 and I have a hard time in finance when I had to pay for my deal. But, this is something that we have known for the last four or five years that it was going to happen — it had come to a point where we, and don't get me wrong, they are probably not going to spend fifty percent of this year; we just got to budget for it because we have got to stay up with the Wastewater Treatment Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 150 of 156 Plant. We have got to start redoing downtown sewer and water, it's falling apart and we have known this is coming. So, I think it's something that — Kilchenmann: The only caution that I would have not necessarily for this year, but in the future is that we not go negative on the operating side — Bird: Never. Kilchenmann: They are negative this year and — Bird: They are negative and we knew that, but one time in ten years is not going to hurt us, but we don't want to do it two years in a row. Kilchenmann: Correct, Bird: And if we get the fees in line like we'd been asking our revenue is going to Kilchenmann: Should pay for the expense, yeah. Bird: You probably are not going to have to use that much fund balance by a long shot. I mean, you take 237 building permits and even if the fee was $500, look what that brings in. Kilchenmann: You are right. They won't spend that this year. Bird: Well, it's impossible. Kilchenmann: Yeah, they spent like a tenth of the amount we are carrying forward. Bird: But, we have got to stay on top of this plan. Because if we ever get behind, we are in trouble. It's very important and the first time we don't get a good reading off on our water out there, we are in real trouble. Mayor De Weerd will really find out what ringing phones can do. De Weerd: We don't want that. Bird: I don't — 1 thought everything they presented us with was necessary this year. I thought they thought it through real well and they are trying to stay on top of everything. Wardle: My comment on the cross connection fee: the $210,000 was an estimate. We don't know what that's going to get us or how far it is going to get us, but I — my thought is that 1 can only imagine that if we can undertake this and don't somehow offset it with the water user fee because that's what it's directly affecting then this will just build and build and build within the operating budget. Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 151 of 156 De Weerd: Certainly need the liaison to make sure that the appropriate ordinances are — Rooftree: They are working on the fee structure. De Weerd: And we just need to get that fee quickly adopted at the same time that this budget goes into effect, so that we can assure that no one subsidizing anyone. Well, not subsidizing, but — Bird: Are you going to pay me back, then? De Weerd: No. Rooftree: No, it's not retroactive. De Weerd: I guess we award the procrastinators. You are an elected official you should stand above the rest. Bird: But, at the same token my only complaint on that whole thing is you talk about babysitting people; we are being the biggest babysitting service in the world for these people that are too lazy. They know — don't ever kid yourself, they know that they should get that checked and we will take the responsibility and then when something fouls up, whose liability comes back on? Don't come back on mine, it comes back on the City of Meridian's. 1 just — I really have a problem with it. Kilchenmann: Is there a fee to go with this? Because we only have — is there some kind of fee? Bird: They have not got a fee out yet. De Weerd: They are working on it. Rooftree: Yeah, it's something around a dollar a month. Cunningham: It was in the proposed fees they gave you? Rooftree: I don't think so. Wardle: Just to note that while it's in the proposed fees, all the users will pay for that, however, I don't have a cross connection control — De Weerd: I don't either. Wardle: -- and 1 don't know how many other people do, but we will be subsidizing it to protect our water supply, but at the same time it is a subsidy. Bird: Why don't you have a cross backflow? f Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 152 of 156 Wardle: My irrigation system is not hooked to the City water. De Weerd: He has got pressurized irrigation. Bird: Mine is hooked to the City and that's the only thing. If I don't have pressurized, why should I have to have one? I am the least one to ever get one back in there. I think -- De Weerd: Well, it doesn't matter. I guess — Wardle: Sorry, that was just my point. De Weerd: -- the whole premise to this and I think we all agree is this is a necessity to protect the integrity of our drinking water and right now having half a program doesn't do that. Rooftree: Well, and I think that's right. We either have a program or we don't. We recognize its potential threat to our water system, we know what we have in place is not working and probably will never work, so this is I think a reasonable approach to get those inspections done and take care of those issues that are out there that need to be remedied where we have cross connections that don't have any devices to meter and to make sure that the owners get those installed and keep that part of the ordinance in place to make sure that we remedy the situation and once those devices are installed and the City has taken on the responsibility of checking to make sure they are functioning on a manual basis. I mean there is a gob of sprinkler systems out there on the City system that don't have any record of (inaudible) at all. A lot. And in Shaun's case and the Mayor's case and my case we are not hooked to City water, but there is a potential that at some point and time somebody that's on pressurized irrigation could cross connect and those are the ones that are really the potential disasters. De Weerd: 1 guess, on Item #11 with the expansion as — I am not suggesting that's deleted, but I certainly appreciate — (Turn tape over) De Weerd: I don't want any decisions made immediate without that. Rooftree: In terms of that amount and that particular item, I would be very surprised if we were moving towards contract for a new building next fiscal year. There is a million too that could be downsized for maybe an amount to take care of site development and architectural. Bird: The only things is we can move the administration, Mayor, into the city hall stuff, but I don't believe that with a city hall downtown that we want to shop when all the trucks are running out of that location and that's what we — so, we have got to have a shop with some kind of deal and I am like Mr. Rooftree, whether we stay there or we go out to Wastewater Treatment we don't need that much Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 153 of 156 ground and Wastewater Treatment does have 47 acres out there and where the guys could run out of, but I always felt all along and I thought that was your plan that we were bringing the administration and all that in. De Weerd: It was on the administration, but as I understood even the consideration that that shop might even be in the vicinity of the city hall, you know — Bird: (Inaudible). De Weerd: Yeah. I guess just to keep the options open. Bird: I agree with it and I am like Charlie, I don't think — if they spend 250 towards that 1.2 million dollars I would be shocked this fiscal year. Rooftree: Yeah, I would be too. We can have that as a number to play with if we need to. De Weerd: Well, there weren't any red flags and Charlie and I have talked about the inter (inaudible) fund, budget and I know he felt comfortable about what was in it, so if no one else has any other items, I think we are done. Nary: Are we done? Cunningham: I think we are done. Nary: Well, 10 hours later it appears that we are done. Bird: Mr. President. De Weerd: I am sorry, Keith, just one more comment. This year as we presented the budget as I told you I had wanted to present it with us in the black instead of slightly in the red, but you guys got us even further in the red to begin with. But, you know we did sit down and have the directors go through and not look at it, as "I am an island". They worked with the budget and the picture and even next year's budget request in mind and so this was a product of a real team effort and I was very proud to present it to you as our recommendation for your consideration and would like to thank finance, as usual. They have done a stellar job and to our department directors in coming in and telling you of their accomplishments over the last year and kind of their vision to move forward with their departments. I think they did an excellent job and it was a good, positive experience. It just gets better every year. So, I appreciate your efforts and hard work. Rooftree: Madame Mayor if I might offer an observation. Having been here four years ago, the improvements that you have made are beyond words. It's a fantastic product that you have produced and my appreciation goes out to the Finance Department and the department directors for bringing this together. This Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 154 of 156 is really a first class budget presentation and document compared to four years ago, where it was very laborious and difficult to understand what was even going on. Excellent job. Bird: Mr. President. Nary: Mr. Bird. Bird: I would concur that I have seen this thing really got out. I think that one thing that we are forgetting is the reason we can have a nice, conservative budget is because of the directors and the employees that we have got within the City. I think that this year has been better because of our management of the Mayor's office. I hate to say that, I hate to give her credit but she has done a great job along with all you directors. Stacy and Reta, you guys have done a tremendous job. This is my seventh budget and by far the easiest and the best one and I certainly appreciate it. If you have to sit here for 24 hours and don't kid yourself we have set for 24 hours or more and never come up with a budget like this, but because of the leadership that we have got here now, I just appreciate it very much. Nary: Speech, Mr. Wardle. Bird: Don't give her any more credit; her head is going to get this big. Wardle: Other than I like the fact that we have got a new fire station, we put some more officers on the street, got some parks, have some department enhancements and didn't need to raise the levy assessment. Rooftree: And we are right on revenue projections. Bird: We are right on revenue. Kilchenmann: And we are done. Nary: We got it all done in one day and the other thing I will add is that without any concern or any batting of an eye of having merit increase money available, having enhancements for employees available that is not common. if you go to the East that isn't very common and that is good and that's good because I think to add onto what Mr. Bird said, nothing works without the employees that work here and so we couldn't do any of those things without the employee's. So, I think that is another testament to the directors, the Mayor, the budget folks and brining us something that was realistic. I mean we have made some cuts, but not very many, I mean, just some things that we can do a little later; but a very realistic — this is the only third one I have done, but by far really the easiest other than a long day. De Weerd: I would also mention that several things — Meridian City Council Special Budget Workshop Meeting July 13, 2054 Page 155 of 156 Bird: I thought we were done. De Weerd: -- since when has that stopped? There were no limitations on timing. I would like to say that, you know, finance has been working on some policies looking at how we can get better economies (inaudible) scale with. Purchasing or looking at it in terms of the quantity of purchase and we have tackled the clothing policy, which you hope to see here soon. We have employee incentives and as you saw at the picnic, I think those longevity awards were very well received and appreciated. There has been a lot of progress. Department directors have also taken a look at line items and where in the past we have seen some pretty solid padding going on. It's really been taken out and people have been trying to look at each line item with a realistic eye; and we are going to be looking at some fix line items as well on controlling costs in those areas that you can really control. So, anyway, I appreciate your time, Council. Nary: If there are no more speeches, Mr. Bird, did you have a motion? Bird: Yeah, I do have one thing to say and I hope the Mayor will do this. All the employees need to realize that they are getting a three percent over the board raise and I am very proud of that and I am proud of the employees and the directors for being able to do that. I hope that the Mayor will get it out there to everybody. With that, I move that we adjourn our special Council meeting. Rooftree: It's been moved and seconded to adjourn the Special Council Workshop for the budget. All those in favor say aye. MOTION CARRIED. ALL AYES. MEETING ADJOURNED AT 6:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR Y DE WEERD DATE APPROVED �511511[3tlfff!!f ATTEST: WILLIAM G. BERG, A, TY CLERK EA - a Meridian City Council Special Budget Workshop Meeting July 13, 2004 Page 156 of 156 Index Department Reference Department Pa e s Parks & Recreation 1, 11, 127 Sanitary Services 6 Police Department 22 Fire Department 39 Finance 62 1T 66 Human Resources 72 City Clerks & Other Government 74,78 Historical Preservation 79, 96, 134 Mayor's Office 82 Planning & Zoning 86 Public Works 102,122 Building 107 Water Department 108 Wastewater Treatment Plant 117 ADA COUNTY RECORDER J. DAVID BOISE IDAHO 08120/04 01,34 PM DEPUTY Jeanne Hooper RECORDED—REQUEST OF MERIAN CITY AMOUNT .00 NAVARRO I 104107403 This sheet has been added to document to accommodate recording information. "FIRST ADDENDUM TO OF THE DEVELOPMENT AGREEMENT" (CASE NO. AZ -01-018 FOR NEW CASE MI -04-006) The following is an addendum to that certain Development Agreement between the City of Meridian and Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, Owner, and W.H. Moore Company, Developer, and specifically to Exhibit D (Uses of Permissions and Restrictions), which is subsequent to the entering into of the original development agreement dated January 21, 2003, and recorded in the Ada County Recorder's office as Instrument No. 103020830. The parties hereto agree as follows: A. The Development Agreement dated January 21, 2003, as it pertains to Exhibit D Uses of Permissions and Restrictions, is amended and shall incorporate the new Exhibit D List of Use Permissions and Restrictions, and which Exhibit D is attached hereto as Exhibit A, and consist of three (3) pages, and by this reference is incorporated in full hereat. B. It is agreed between the "City" and ""Owner"/"Developer" that the development project of Bonito Subdivision marketed and approved as El Dorado Business Campus shall be fully incorporated into the original development agreement with Kimball Properties Limited Partnership, Managing Partner: Winston H. Moore, Owner, and W.H. Moore, Developer, and shall include nursing homes and residential care facilities as Permitted Uses, otherwise the Owner and Developer shall comply with the original conditions and requirements within the original Development Agreement dated January 21, 2003, and recorded in the Ada County Recorder's office as Instrument No. 103020830. C. Except as modified by this Addendum, the Development Agreement between the parties dated January 21, 2003, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this \3 day of 2004. O WNER/DEVELOPER: B rm I Pro erties 'mit knership, Managing Partner: Winston H. Moore "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -01-018 and new MI -04-006) PAGE 1 of 3 ATTEST: ATTEST: BY: City Clerk STATE OF IDAHO, ) ss. County of Ada, ) CITY OF MERIDIAN ,,41`j41 nor Tam e Weerd -SEAL �,C % � 'T 1ST • .`�0 • }l� On this day of 2004, before me, a Notary Public in and for said state, personally appear d Winston H. Moore, managing partner of Kimball Properties Limited Partnership, and , known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. "os jIIaCotn%*,•r G 7 A rs v 4 � %' e, O (SEAL) rtOTqR�, A 0 0 e � :� v, �%-UBLZG • � e ®° S1O° " •fss,caa2:4s 16�7M f -t� tj Notary Public for Idaho Residing at. U Commission Expires: l Q �31. Q' "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -01-018 and new MI -04-006) PAGE 2 of 3 STATE OF IDAHO, ) 0.9 County of Ada, On this%' day of , 2004, before me, a Notary Public, in and for the said state, personally appeared Ta iy de Weerd and William G. Berg, Jr., known or identified to me to be the Mayor and City 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. °.°�1�E ° i 12 (SEAL) A� y' Not y Pu lie for Idaho +°+cy�! ��+tl B L °® �O °,°4 Res din at: �f 111W I, s— Ald °+ •saegee o° Com ission Expires. C (> 00*404-it[[4 ZAWorkIM\Meridian\Meridian 15360MTI Dorado Business Campus M[-04-006TirstADDENDUMtoDevAgmt.doc "FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -01-018 and new MI -04-006) PAGE 3 of 3 List of Use Permissions and Restrictions Uses will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use Control, as may be amended from time. The following use may also be developed as permitted uses: Adult Day Care Animal Hospital Auction Establishment Automobile Related Business: Repair Shop - Minor; Car Wash and Service Station. Bank, Financial Institution Ncrobrewery Type Bottling and Distribution Plant Bus Station Church Clinics (Medical, Dental, Optical) Club, Lodge, Social Hall Convenience Store w/ Gasoline Services Construction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop; Sign Painting Shop Driving Range Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers - Indoor: Bowling Alley; Skating Rink, Arcade', Arena; Archery Entertainment Centers - Outdoor: Amusement Park, Ball Park (baseball, football, soccer); Water Park, Batting Cages; Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouses, Nurseries (already permitted) Grocery Stores Hospitals Indoor Firing Range Laboratories (Medical, Dental, Optical) Laundry, Clothes Cleaning, Pressing Business Laundry, Industrial Laundry, Self -Service Mausoleum Medical Research Facilities Molded Plastic Products Mortuary Newspaper and Printing Establishment Offices Parking Lots: Commercial; Off -Site Accessory Parking Lot; Parking Garage/Structure Parks and Plazas Personal Services: Barber Shop; Massage Parlor; Beauty Salon. Pharmacy Post - Secondary Educational Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi -Public Uses Radio and Television Stations (except exterior communications facilities districts) Restaurant Personal Service: Barber Shop; Massage parlor, Beauty Salon Photography Studio Private Commercial Schools (Business, Art, Dance, Music, MedicaVDental Technician, Martial Arts) Retail Restaurant Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery Seed and Garden Supply Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy Hotels Self -Service Storage Standby Generators Theater (Excluding Drive-ins) Vocational, Trade, Industrial Schools Warehouses Storage Utility Facility -- Major Utility Facility -- Minor Wholesale Business The following uses maybe allowed upon application and approval of a conditional use: Automobile Repair Shops -,Major Child Care Facilities Communication Towers Drive-ins, Drive-through Establishments Missions; Food Kitchens Residential (Planned. Unit Developments) Sales Lots Schools, Private( vocational, trade and industrial schools are permitted) Shelter Homes The following uses, in addition to those included in the Meridian Ordinance Section I I- 8-1 as prohibited uses in the C -C and C -G zones (unless permitted/conditional use above) are expressly prohibited. Adult Business (bookstore, theater, performance) Alcoholic Establishments )other then combined with restaurant services or s- U , - 'YA ,. Z OT� hotel/motel facilities) Boarding and Rooming House Bottling and Distribution Plant Composting Facility Halfway Houses ( Delp -406 Recreational Vehicle Park Truck Terminal Truck Stop Uses. Exlub,4- _,/9 « 3 o -P2 w BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE } APPLICATION OF SHAUN FICKES ) FOR APPROVAL FOR 2 BUILDING ) LOTS AND 2 COMMON LOTS ON ) 2.7 ACRES IN AN I -L ZONE., } LOCATED ON THE NORTH SIDE ) OF WEST FRANKLIN ROAD AND ) WEST OF LINDER ROAD IN THE ) SE 1/ OF T.3.N., R. 1.W., SECTION I I ) CIC JULY 13, 2004 CASE NO. FP -04-043 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on July 13, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 13, 2004, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CAFARELLI SUBDIVISION NO. 2 LOCATED IN THE SE'/ OF T.3.N., R.I.W., SECTION 11 BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET 1 OF 2, HANDWRITTEN DATE: 06-09-04, BAILEY ENGINEERING, INC.", SHAUN FICKES, Developer, is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CAFARELLI SUBDIVISION NO. 2 / (FP -04-043) Page I of 4 Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen Assistant City Planner for the Planning and Zoning Department and John Boyd, Engineering Technician 11 for the Public Works Department, dated: Hearing Date: July 13, 2004, listing 21 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and S GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 13, 2004 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health 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 the stonnwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CAFARELLI SUBDIVISION NO.2 / (FP -04-043) Page 2 of 4 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed anal/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 § 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 1_., day of J Ute_ , 2004. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CAFARELLI SUBDIVISION NO. 2 / (FP -04-043) Page 3 of 4 \111tSiFi!#tf���By Tammy erd Cit of Meridian Attest: w BEAL William G. Berg, Jr., ity Copy served upon. Applicant, the P�� tv#} s�jlT{�fh�g Department, Public Works Department, and City Attorney. By: 1w Iku. Dated:J-30-0g- City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CAFARELLI SUBDIVISION NO.2 / (FP -04-043) Page 4 of 4 To: Mayor and City Council From: Sonya Allen, Assistant City Planner 0 M John Boyd, Engineering Tech. 11 51&lf- Re: Cafarelli Subdivision No. 2 Final Plat approval of Two (2) Commercial Building Lots and Two (2) Common Lots on 2.7 Acres in an I -L Zone, by Shaun Fickes (File No. FP -04-043). We have reviewed the above referenced submittals 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, Shaun. Fickes, has applied for Final Plat approval of 2 commercial building lots and 2 common lots on 2.7 acres of land for Cafarelli Subdivision. This application is a re- subdivision of Lot 1, Block 1, of Cafarelli Subdivision. The zoning designation for the proposed subdivision is I -L (Light Industrial). The common area lots within the subdivision consist of landscape lots which will be owned and maintained by the Property Owners Association, Cafarelli Subdivision No. 2 is located on the north side of W. Franklin Road, approximately mile west of N. Linder Road, in the SE '/ of Section 11, T.3N., R.1 W. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the final plat application with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1 FINAL PLAT 1. Applicant shall meet all terms of the approved Preliminary Plat (PP -04-003). FP -04-043 Exhibit "A" Cafarelli Sub Not FP.doe MAYOR 11P WI; 4 '" LEGAL DEPARTMENT (208) 466-9272 -Fax 466-4405 Tammy de Weerd Ct'CY op CITY COUNCIL MEMBERSC>wL PUBLIC WORKS BUILDING DEPARTMENT Keith Bird f \1 (208) 887-2211 •Fax 887-1297 William L.M. Nary Shaun Wardle IDAHO ) Charles M. Rountree �� PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 r[i�aa STAFF REPORT: Hearing Date: July 13, 2004 To: Mayor and City Council From: Sonya Allen, Assistant City Planner 0 M John Boyd, Engineering Tech. 11 51&lf- Re: Cafarelli Subdivision No. 2 Final Plat approval of Two (2) Commercial Building Lots and Two (2) Common Lots on 2.7 Acres in an I -L Zone, by Shaun Fickes (File No. FP -04-043). We have reviewed the above referenced submittals 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, Shaun. Fickes, has applied for Final Plat approval of 2 commercial building lots and 2 common lots on 2.7 acres of land for Cafarelli Subdivision. This application is a re- subdivision of Lot 1, Block 1, of Cafarelli Subdivision. The zoning designation for the proposed subdivision is I -L (Light Industrial). The common area lots within the subdivision consist of landscape lots which will be owned and maintained by the Property Owners Association, Cafarelli Subdivision No. 2 is located on the north side of W. Franklin Road, approximately mile west of N. Linder Road, in the SE '/ of Section 11, T.3N., R.1 W. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the final plat application with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1 FINAL PLAT 1. Applicant shall meet all terms of the approved Preliminary Plat (PP -04-003). FP -04-043 Exhibit "A" Cafarelli Sub Not FP.doe Mayor & City Council Hearing Date: July 13, 2004 Page 2 2. Submit a detailed fencing plan for the western boundary of the subdivision as required by Preliminary Plat Finding #17, page 7, to prevent access to the private road located directly west of the subject property. 3. Municipal water service to this site shall be via main line extension from the existing mains adjacent to the property. 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. 4. Sanitary sewer service shall be provided via a single pump station adjacent to the Franklin Road frontage that would pump to the existing manhole east of the subject site. When the future Black Cat sewer is installed in Franklin Road, the applicant shall be responsible for the connection of the individual service lines, and the decommissioning of the pump station. The applicant requested a waiver (at the Preliminary plat application) from the requirement to install a pressurized irrigation system. The applicant had made this request because Cafarelli Subdivision was previously approved without a pressurized irrigation system. The existing landscape buffer is supplied with irrigation water from the City's municipal water system. Public Works supports this waiver request. The developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 6. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for al fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 7. Revise the Landscape Plan dated 6/7/04 and prepared by Bailey Engineering as follows: a. If a sewer easement exists as shown on the plan, trees must be relocated out of the easement. b. Revise the size of the Bristlecone Pine tree shown in the plant schedule to be a minimum 6'-7' per MCC 12-13-7-3. S. Applicant shall submit a FINAL street name approval letter from the Ada County Street Name Committee prior to signature on the final plat by the Meridian City Engineer. 9. If a sewer easement exists as shown on the Iandscape plan along the western boundary, show this easement on the plat. FP -04-043 Exhibit "A" Cafarelli Sub No2 FP.doc Mayor & City Council Hearing Date: July 13, 2004 Page 3 10. 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. 11. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The original study report indicates that shallow groundwater may be a factor. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year stone events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 12. 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. Offsite disposal into surface water is prohibited unless the jurisdiction that 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. 13. The distance on the first leg of the legal description in the Certificate of Owners does not match the noted distance shown on the plat. Please verify and correct this distance, or change the legal description. 14. The reference distance from the point described in Item 11, to the southeast comer of Section 11 is shown incorrectly as 2,657.80'. Please correct this distance. 15. Several points on the boundary may be shown incorrectly as noted below: a. A point shown on the southerly section line of Section II is depicted to be a calculated point. The legal description indicates this is a found 518" pin. Please verify this point and show it correctly. b. The three points along the northerly boundary are shown to be set pins, these points appear to be along the centerline of the Eight Mile Lateral and should be depicted as calculated points. c. The southeastern property corner is shown to be a 5/8" set pin. The legal description indicates this point as a found %z" pin. Please verify this point and show it correctly. 16. The indicated distances along the western and eastern boundaries do not scale correctly. Please verify and make the necessary changes. 17. Please add the recorded instrument number for the Nampa/Meridian Irrigation District FP -04-043 Exhibit "A" Cafarelli Sub Not FP.doc ( t' Mayor & City Council Hearing Date: July 13, 2004 Page 4 (NMID) easement indicated in Note 6. IS. There is an existing NMID easement shown on the recorded Cafarelli Subdivision PIat that must be vacated per City of Meridian Ordinance Number 12-10-1. This easement must be vacated prior to signature on the final plat by the Meridian City Engineer. 19. Please add the following note (and number accordingly) on Sheet 2 of the plat: "The bottom elevation of building foundations shall be set a minimum of 12" above the highest established normal groundwater elevation." 20. Owner must sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 2 of the final plat). 21. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage 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 3. 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 9-4-5. Wells may be used for non-domestic purposes such as landscape irrigation. 4. One -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 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. 5. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. FP -04-043 Exhibit "A" Cafarelli Sub Not FP.doc Mayor & City Council Hearing Date: July 13, 2004 Page 5 &. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP -04-043 Exhibit "A" Cafarelli Sub No2 FP.doc BEFORE THE MERIDIAN IN THE MATTER OF THE APPLICATION OF BRIGHTON DEVELOPMENT, INC. FOR APPROVAL FOR IS SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT ON 4.6 ACRES IN AN R -S ZONE., LOCATED WEST OF NORTH LOCUST GROVE ROAD AND NORTH OF EAST USTICK ROAD IN THE NW % OF THE SE 1/ AND THE SW/40F THE NE % OF TAX, R.1.E., SECTION 31 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on July 13, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician 11 for the Public Works Department, dated: Hearing Date: July 13, 2004, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING QUENZER COMMONS SUBDIVISION NO. 7 LOCATED IN THE NW 1/ OF THE SE % AND THE SW % OF THE NE '/ OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO.7 / (FP -04-041) Page 1 of 4 TAX, R.I.E., SECTION 31 BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, 04-015-00, SHEET 1 OF 3, HANDWRITTEN DATE: 06-11-04, ENGINEERING NORTHWEST, LLC", BRIGHTON DEVELOPEMNT, 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 Sonya Allen Assistant City Planner for the Planning and Zoning Department and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 13, 2004, listing 12 SITE SPECIFIC REQUIREMENTS/FINAL FLAT and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and by this reference incorporated herein, and the response letter from Engineering Northwest, LLC, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 13, 2004 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health 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 the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO.7 / (FP -04-041) Page 2 of 4 stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO. 7 / (FP -04-041) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 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 �da Y of J 2004. `f .til-:� �, �f` Tammy erd 0 f� '1�ayor Ci of Meridian Attest: BEAL oP William G. Berg, Tr., Cit Cle f-.JPyb Copy served upon Applicant, the Planrif g,� ORAn , epartment, Public Works Department, and City Attorney. BY Dated: City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR QUENZER COMMONS SUBDIVISION NO. 7 / (FP -04-041) Page 4 of 4 To: Mayor and City Council From: Sonya Allen, Assistant City Planner John Boyd, Engineering Tech. Il Re: Quenzer Commons Subdivision No. 7 Final Plat approval of Eighteen (18) Single -Family Residential Building Lots and One (1) Common Lot on 4.6 Acres in an R-8 Zone, by Brighton Development, Inc. (File No. FP -04-041). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Brighton Development, Inc., has applied for Final Plat approval of 18 single- famsily residential building lots and 1 common lot on 4.6 acres of land for Quenzer Commons Subdivision No. 7. The zoning designation for the proposed subdivision is R-8 (Mediums Density Residential). This phase of the subdivision will have a gross density of 3.9 d.u./acre and a net density of 5.1 d.u./acre. Quenzer Commons Subdivision No. 7 is located on the west side of N. Locust Grove Road, approximately % mile north of E. Ustick Road, in the S % of Section 31, T. 4N., R.IE. The common area lot within the subdivision consists of a pathway lot. The pressurized irrigation system within this development is to be owned and maintained by the Homeowners Association. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a 20% land use exception (office/commercial uses) and reductions to the minimum requirements for lot size, street frontage, setbacks, house size, and common driveways. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the final plat with the comments and conditions stated in this report. FP -04-041 Exhibit "A" Quenzer Commons Sub7 FP.doc MAYOR LEGAL DEPARTMENT Tammy deWeerd CITY OF (208) 466-9272 -Fax 466-4405 CITY COUNCIL MEMBERS�� , .� PUBLIC WORKS BUILDING DEPARTMENT Keith Bird \f (208) 887-2219 • Fax 887-1297 William L.M. Nary Shaun Wardle IDAHO Charles M. Rountree �'� PLANNING AND ZONING alto DEPARTMENT tFc (208) 884-5533 • FAX 888-6854 rHFrLSL'i�: �.'�L•lk' SIt7CE f,19R3 STAFF REPORT: Hearing Date: July 13, 2004 To: Mayor and City Council From: Sonya Allen, Assistant City Planner John Boyd, Engineering Tech. Il Re: Quenzer Commons Subdivision No. 7 Final Plat approval of Eighteen (18) Single -Family Residential Building Lots and One (1) Common Lot on 4.6 Acres in an R-8 Zone, by Brighton Development, Inc. (File No. FP -04-041). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Brighton Development, Inc., has applied for Final Plat approval of 18 single- famsily residential building lots and 1 common lot on 4.6 acres of land for Quenzer Commons Subdivision No. 7. The zoning designation for the proposed subdivision is R-8 (Mediums Density Residential). This phase of the subdivision will have a gross density of 3.9 d.u./acre and a net density of 5.1 d.u./acre. Quenzer Commons Subdivision No. 7 is located on the west side of N. Locust Grove Road, approximately % mile north of E. Ustick Road, in the S % of Section 31, T. 4N., R.IE. The common area lot within the subdivision consists of a pathway lot. The pressurized irrigation system within this development is to be owned and maintained by the Homeowners Association. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a 20% land use exception (office/commercial uses) and reductions to the minimum requirements for lot size, street frontage, setbacks, house size, and common driveways. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the final plat with the comments and conditions stated in this report. FP -04-041 Exhibit "A" Quenzer Commons Sub7 FP.doc Mayor & City Council Hearing Date: July 13, 2004 Page 2 SITE SPECIFIC COMMENTS / FINAL PLAT Applicant shall meet all terms of the approved Preliminary Plat (PP -02-007), Planned Development (CUP -02-007), and Development Agreement (Inst. No. 102078396), 2. Temporary construction fencing is not required along the boundaries of this phase. The applicant submitted a construction debris containment plan/letter as part of the preliminary plat application. 3. The pressurized irrigation system within this development is to be owned and maintained by the Home Owner's Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A Ietter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 5. Sanitary sewer and municipal water services to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby snaking 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. 6. 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. 7. 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 I00 -year storm event. 8. Applicant shall submit a FINAL street name approval letter from the Ada County Street Name Committee prior to signature on the final plat by the Meridian City Engineer. FP -04-041 Exhibit "A" Quenzer Commons Sub? FP.doc Mayor & City Council. Hearing Date: July 13, 2004 Page 3 9. Please depict the street width dimensions on E. Vestige Drive. 10. Revise the plat to add a temporary vehicle turn around at the north stub of N. Legacy Woods Avenue per Preliminary Plat Finding #9, page 5. 11. Please add or revise the following plat notes: a. Add note: "The bottom elevation of house footings shall be seta minimum of 12" above the highest established normal groundwater elevation." b. Remove note #9 and Residential Building Setbacks chart on the face of the plat. C. Strike the last sentence on note #10 (Sea sethaek ..hat4 this sheet), 12. Staff's failure to cite specific ordinance provisions, or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL RE UIREMENTS 1. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage 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 3. 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. 4. One -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 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. 5. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. FP -04-041 Exhibit "A" Quenzer Commons sub? FP.doc Mayor & City Council Hearing Date: July 13, 2004 Page 4 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian. Public Works Department. S. Developer shall coordinate mailbox locations with the Meridian Post Office, STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP -04-041 Exhibit "A" Quenzer Commons Sub? FP.doc From: Anna Canning [cann€nga@rr ddiancity.org] Sent: Tuesday, July 13, 200410:47 AM To: `Jason Davies' Cc: 'Sonya Allen' Subject: RE: Quenzer Commons No. 7 Jason, If you are in agreement with all the conditions of approval, a letter or e-mail will suffice. Sounds like we are good - to -go. Anna Aima BQTrbcaT Canniq GO 14 etzrli x Plan-ving Di7-ecior --Original Message— From: Jason Davies [mailio:jdavies@engnw.com] Sent: Tuesday, July 13, 2004 10:52 AM To: Anna Canning Cc, Gene P. Smith 5ubj=V. quenzer Commons No. 7 Anna, I received the plat commanw, for the above project and I only saw one item that may need sorra modification. Item 10 requests a temporary vehicle turnaround at the north stub street of N Legacy Woods Avenue per the preliminary plat. The Subdivision (Cobre No. 3) to the north is under construction and to my knowledge has been or is ready to be paved. The temporary turnaround will go away if a road connection is available. This may not require a change to the conditions but I wanted to give you a heads up so you were aware. Everything else seem fine so the question stands do we need to have someone in attendance at the meting or does this email qualify as acceptance to the conditions? If you prefer for us to have a representative there in person that's great just let me know your thoughts. Thank you, Jason. Jason S. Davies, P.E. Engineering Northwest, LLC Phone: 376-5000 Fax: 376-5556 Entail: jdavies@engnw.com 7/13/2004 r.Xhibi(„n,. Q) w WI ai m N P E W O 0) O O CF) O CV N N N N N w Oo CC) 00 OD Oo N N N N N ai m C: E .x v N O ai m E .x N O O � N N co L- - IQ) Q COoo =@cs N ,o � (Tj 01 7 � W M 4 4 W a — m c a a m U � o U o cc c cu m � o 0 03 � � 4 a a (ID (Tj � a c� C co co ro -Q) a�bw ° o � �tj F° �� a) L Ci Q) q) s c oADo- actso� ca (13 �0) o o NN � r�vv� � zU` O Ovji (OD Q) Q) QocaUm U U (coo U oc�oo ` a dL CO>- Qo 0 0 .Q m W M 4 4 W ORDINANCE NO. 04- Ic)76 BY: R - BY: SECTION 1: That Section 2 Chapter 3 Title 2 Membership and Terms of Office of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 2-3-2: MEMBERSH11P AND TERMS OF OFFICE: A. Appointment; Terms: The Traffic Safety Commission shall consist of eight (8) nine (2) members to be appointed by the Mayor with the consent and approval of the Council. Members of said Commission shall hold office for a period of si�E (6) four f4,) years each and said terms shall be staggered in such a manner so that the terms of not more than three (3) members shall expire in any one year. Two -(-2) Three 3 of such members shall hold office for a term of two (2) years, dw-ee-� the remainder for four (4) years unless the 4RpointpLentspecifies a shorter term. and (3)-fef-4 6) yeas; gieetebedetefmine Ceflifnissisn. Thereafter, the term of office for each appointive member shall be si* (6) four 4 years. B. Membership: Members shall be selected so that there shall always remain in the Commission; one school district administrator, one public works representative, one one Ada Coun l i hwa District re presentative, one r_3�,;eff„.F-P,.,. P Police De�ariment. representative, one City fey Prosecutor and �) four 4 local citizens- and shall seFft vikhout Traffic Safety Commission Ordinance Pagel of 3 The four 4i local citizens should, if ossible, represent different areas of Meridian: Old Town. Northwest Meridian from west of Meridian Rd. to Black Cat Rd. and north of the interstate to Chinden Blvd., Northeast Meridian from east of Meridian Rd. to Eagle Rd. and north of the Interstate to Chinden Blvd. and South Meridian Lo include WLciV limits south of the Interstate . Re resentatives shall serve on the committee without compensation. SECTION 2: That Section 6 Chapter 3 Title 2 Duties of the Meridian City Code, be, and the same is hereby amended and shall now read as follows. 2-3-6: DUTIES: It shall be the duty of the Commission: A. To recommend and make suggestions to the Mayor and Council for the adoption of plans for traffic safety as originally recommended by the National Safety Council Study of 1968 and as Itly recommended in regulations studies and recommendations from the National Ffighway HighwayTrak Safety Institute the National Safety Council, and the National Transportation Board. B. To coordinate all Meridian City traffic safety plate recommendations for incorporation into the Ada Co unty Highway District lannin rocess and the State of Idaho plan as applicableand ap.proved by the Mayor and Council. C. To make suggestions for projects designed to increase safety in pedestrian and school traffic in the City and to generally recommend to the Mayor and Council plans to improve traffic safety in the entire City. D. To work cotlaboratively and to plan for and accommodate rowth related to traffic and tragic safety issues as they apply to the Ci 's com rehensive plan. E. To receive review and act on traffic safety concerns or issues brow t forth b citizens of Meridian with recommendations to be forwarded to the Ma or and Council. SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 4: VALI Drry: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. Traffic ,Safety Commission Ordinance Page 2 of 3 SECTION 6: DATE OF ECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. O{i o!,vo f e Weerd ATTEST: o �----T City Clerk An Ordinance of the City of Meridiktt,'T�rrl`YG. Berg, Jr., City Clerk First Reading:.5i— t —V4- W Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_ NO Second Reading: Third Reading - STATE OF IDAHO,) ss. County of Ada. On this0-4 day of tj , 2004, before me, the undersigned, a Notary Public in and for said S ate, personally appeared TAMMY de'DVEERD 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 WI;NFbS8rVHEREOF, I have hereunto set my hand and affixed my official seal tV&9a el yQf,6 'st above written. �0TA.k 'fir � �o� : � '• (SEAL) 4' OF i9q�°°°e yB•AQ118481100100 + ' /RY PUBLIC FOR IDAHO PING AT: &e'r`C; 4v, COMMISSION EXPIRES:?. 7 Z:1W 0rkVvRMeridiaaWeridian 15350NAOrdinanees City Haff\2004 OrdlTmffic Safety Comm Ord 04 09 04.doe Traffic Safety Commission Ordinance Page 3 of 3 July 9, 2004 MI 04-006 MERIDIAN CITY COUNCIL MEETING July 13, 2004 APPLICANT W.H. Moore Company ITEM NO. 5-6 REQUEST Findings — Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses — southwest corner of South Eagle Road and East Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Findings Date: Phone: Staff Initials:}] Materials presented at public meetings shall become property of the Gity of Meridian. a r� �� � �,_� a ��..' . �. 3 tea,: interoffice JUL60 MEMORANDUM fCity Of 14Iel-i ee �;;�;v Clerk Mee To: William G. Berg, Jr. From.: Wm. F. Nichols Subject: W.H. Moore Company / Request to amend Exhibit D (Use of Permissions and Restrictions) of the recorded DA for AZ -01-018 for Bonito Subdivision and marketed and approved as El Dorado Business Campus File: MI -04-006 Date: June 30, 2004 Will: Please find attached the original of the request to amend Exhibit D (Use of Permissions and Restrictions) of the recorded DA for AZ -01-018 for Bonito Subdivision and marketed and approved as El Dorado Business Campus, pursuant to action of the Council at their June 22, 2004, meeting. The Findings will be on an upcoming Council agenda meeting. 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:IWork- MlMeridianWeridian I5360WEl Dorado Business Campus M1-04-0061Berg MI Memo 06 30 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICITONS) TO THE DEVELOPMENT AGREEMENT (AZ -01-018) FOR BONITO SUBDIVISION AND MARKETED AND APPROVED AS EL DORAGO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS, LOCATEDAT THE SOUTHWEST CORNER OF OVERLAND ROAD AND EAGLE ROAD IN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT CIC 06/22/04 CASE NO. MI -04006 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MISCELLANEOUS APPLICATION The above entitled matter coming on regularly for public hearing before the City Council on June 22, 2004, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Jonathan Seel, appeared and testified, and no one appeared in opposition, and the City Council having received a report from Brad Hawkins -Clark of the Planning and Zoning Department, and FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ -01-018 BONITO SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI -04-006 PAGE 1. OF 7 the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission, makes the following: FINDINGS OF FACT 1. The subject property is located at the southwest corner of Overland Road and Eagle Road in Section 20, Township 3 North, Range 1 East, Meridian, Idaho. 2. The owner of record is Kimball Properties, L.P. Winston Moore, who is a registered agent for Kimball Properties, and he has submitted notarized consent for the subject application. Applicant is W.H. Moore Company whose address is 600 N. Steelhead Way, Suite 144, P.O. Box 8204, Boise, Idaho 83704. 4. Chapter 2 of the Zoning Ordinance ("Definitions") has been reviewed to determine if conformance would be allowed within the DA. Below is the definition of "Nursing Home" as listed in Title 11-2-2: "Nursing Home: A private establishment that provides living quarters and care for the elderly or the chronically ill. " Additionally, Section 11-2-2 also defines "Convalescent or Nursing Home, Rest Homes" as follows: "Any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty four (24) consecutive hours for two (2) or more patients not related by blood or marriage to the operator, and said patients, who by reason of illness or infirm.ity, are unable to properly care for themselves. " FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ -01-018 BONITO SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI -04-006 PAGE 2 OF 7 Therefore, "Residential care facilities," the other use proposed by W.H. Moore Co. to be permitted under the DA, is not specifically defined under Meridian City Code 11-2-2. When a use is not listed as a permitted use, that use requires a CUP application for approval unless a similar use already listed is identified. That being said, it does not seem like a significant distinction between a "nursing home" and a "residential care facility." Both terms imply assisted, 24-hour type care where health professionals are available on the premises. The most significant difference between a standard L -O use/operation and nursing homes or residential care facilities is probably the hours of operation. There will presumably be employee shift changes and some limited outdoor activities occurring after normal business hours as well as seven (7) days a week. Also, if the residents/patients have access to rear patios with lights, this could create some potential complaints from Thousand Springs property owners. It is believed that this use, stated in the application to comply with the 35 -foot maximum height restriction, is consistent with the other allowed uses in the "Ridenbaugh Section." Since this section is the more restrictive of the two areas, it would therefore be a consistent use in the "Main Section" as well. 5. The proposed application requests a modification to the recorded development agreement for Bonito Subdivision (marketed and approved as El Dorado Business Campus), W.H. Moore Company is proposing to amend Exhibit D (List of Use Permissions and Restrictions) of the Development Agreement, entered into as a condition of File AZ -0l -018. They are proposing to allow skilled nursing homes and residential care facilities as permitted FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ -01-018 BONITO SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI -04-006 PAGE 3 OF 7 uses, as the Development Agreement expressly prohibits nursing homes and sanitariums in either the C -C or C -G zone. The addendum to the original development agreement would allow nursing homes and residential care facilities as Permitted Uses to Exhibit D. The Development Agreement, dated January 21, 2003, was recorded on February 7, 2003, as Ristrument No. 103020830, records of Ada County, Idaho. As detailed in Section 4 of the Development Agreement, uses within the development are divided into two main sections — the "Ridenbaugh Section" and the "Main Section." The "Ridenbaugh Section", which is comprised of six buildable lots located between the Ridenbaugh Canal and E. Copper Point Drive, is zoned C -G but is restricted to L -O type uses and flex uses as the only permitted uses. All other uses listed in Exhibit D as permitted or conditional are allowed in this section only as conditional uses. While this application specifically states the nursing home / residential care facility would be located in the "Ridenbaugh Section", only amending Exhibit D would mean this use becomes a permitted use in both sections (unless otherwise specified). 6. The subdivision is 87.79 acres in size and is located at the southwest corner of Overland Road and Eagle Road. The subdivision is split zoned — approximately 35 acres as C -C and approximately 52 acres as C -G. 7. Exhibit D (List of Use Permissions and Restrictions) of the recorded development agreement (Instrument No 103020830) for this site (AZ -01-018) shall be amended for (MI -04- 006) and which amended Exhibit D list is attached hereto as Exhibit A, and consisting of three (3) pages, and by this reference incorporated as set forth in full herein FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ -01-018 BONITO SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI -04-006 PAGE 4 OF 7 8. The City Council acknowledges the letter, placed in public record in this matter, from Ed and Barbara Strickfaden dated June 22, 2004. CONCLUSIONS OF LAW Approval of this request to amend Exhibit D (List of Use Permissions and Restrictions) of the recorded Development Agreement for AZ -01-018 for Bonito Subdivision (marketed and approved as El Dorado Business Campus) is based on the information and testimony provided at the public hearing by the applicant's representative. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The applicant is hereby granted amendment to Exhibit D (List of Use Permissions and Restrictions) of the recorded Development Agreement for AZ -01-018 for Bonito Subdivision (marketed and approved as El Dorado Business Campus), based upon the information and testimony provided by the applicant's representative. 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 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ -01-018 BONITO SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI -04-006 PAGE 5OF7 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 the1 4V-4 day of 2004. By: Tammy de ee oftlAi irlrr �'��• Meridian Attest: ON SE AL By: CO William G. Berg, Jr., City Cl rk sr 1SA Copy served upon Applicant, the Planzi� i g ment, Public and City Attorney. Vim —6 By: Dated: 3 -23-04 y Clerk Works Department FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ -01-018 BONITO SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI -04-006 PAGE 6 OF 7 ROLL CALL COUNCILMAN WARDLE VOTED_0��— COUNCILMAN NARY VOTED _�� COUNCILMAN ROUNTREE VOTED COUNCILMAN BIRD VOTED 46�X MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Dated: 1 City Clerk -- ZAWork\M\Meridian\Meridian 15360MT�1 Dorado Business Campus MI-04-006TOsOrd MI-04-406.doc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO AMEND EXHIBIT D (LIST OF USE PERMISSIONS AND RESTRICTIONS) FROM AZ -01-018 BONITO SUBDIVISION AND MARKETED AS EL DORADO BUSINESS CAMPUS FOR EL DORADO BUSINESS CAMPUS FOR MI -04-006 PAGE 7 OF 7 EXHIBIT D List of Use Permissions and Restrictions Uses will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use Control, as may be amended from time. The following use may also be developed as permitted uses: Adult Day Care Animal Hospital Auction Establishment Automobile Related Business: Repair Shop - Minor; Car Wash and Service Station, Bank, Financial Institution Microbrewery Type Bottling and Distribution Plant Bus Station Church Clinics (Medical, Dental, Optical) Club, Lodge, Social Hall Convenience Store w/ Gasoline Services Construction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop; Sign Painting Shop Driving Range Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers - Indoor: Bowling Alley; Skating Rink; Arcade; Arena; Archery Entertainment Centers - Outdoor: Amusement Park, Ball Park (baseball, football, soccer); Water Parr Batting Cages; Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouses, Nurseries (already permitted) Grocery Stores Hospitals Indoor Firing Range Laboratories (Medical, Dental, Optical) Laundry, Clothes CIeaning, Pressing Business Laundry, Industrial Laundry, Self -Service Mausoleum Medical Research Facilities Molded Plastic Products Mortuary Newspaper and Printing Establishment Offices Parking Lots: Commercial; Off -Site Accessory Parking Lot; Parking Garage/Structure :b:4 `iq" !c-fS Parks and Plazas Personal Services: Barber Shop; Massage Parlor, Beauty Salon, Pharmacy Post - Secondary Educational Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi -Public Uses Radio and Television Stations (except exterior communications Facilities districts) Restaurant Personal Service: Barber Shop; Massage parlor; Beauty Salon Photography Studio Private Commercial Schools (Business, Art, Dance, Music, Medicamental Retail Technician, Martial Arts) Restaurant Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery Seed and Garden Supply Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy Hotels Self -Service Storage Standby Generators Theater (Excluding Drive-ins) Vocational, Trade, Industrial Schools Warehouses Storage Utility Facility -- Major Utility Facility -- Minor Wholesale Business The .following uses maybe allowed upon application and approval of a conditional use: Automobile Repair Shops -Major Child Care Facilities Communication Towers Drive-ins, Drive-through Establishments Missions; Food Kitchens Residential (Planned Unit Developments) Sales Lots Schools, Private ( vocational, trade and industrial schools are permitted) Shelter Homes The following uses, in addition to those included in the Meridian Ordinance Section 1 I - 8-1 as prohibited uses in the C -C and C -G zones (unless permitted/conditional use above) are expressly prohibited. Adult Business (bookstore, theater, performance) Alcoholic Establishments )other then combined with restaurant services or xx h ` b;4 'iq " a 49 hotel/motel facilities) Boarding and Rooming House Bottling and Distribution Plant Composting Facility Halfway Houses Recreational Vehicle Park Truck Terminal Truck Stop Uses. fer Co t l azbj an On Ju.me, 9xA b:- - ,./i 3 o -P2 July 9, 2004 PP 04--012 MERIDIAN CITY COUNCIL MEETING July 13, 2004 APPLICANT Robnett Construction ITEM NO. 5-L REQUEST Findings -- Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C -G zone for Initial Point Subdivision - 112 mile east of North meridian Road and south of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings 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: �Ve SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: 0 ! Ui. Lo f C4(,-( Date: '1p� Phone: - Emailed: _ Staff Initials: n1a Cv Materials presented at public meetings shall become property of the City of Meridian. intern -E, ; _ .�l :fjdia , interoffice ;t ��:% � C ce MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Initial Point Subdivision File: PP -04-012 Date: July 1, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their June 22, 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:%Work1MlMeridianWeridian 15360Mllnitial Point Sub PP-04-0121BergPreP1atMEM0 07 01 04.dw THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF SIX (6) BUILDABLE LOTS AND ONE (1) COMMON LOT ON 2.82 ACRES IN A C -G ZONE FOR INITIAL POINT SUBDIVISION, LOCATED APPROXIMATELY 300 FEET ON THE SOUTH SIDE OF E. FAIRVIEW AVENUE, BETWEEN MAIN STREET AND LOCUST GROVE, IN SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO BY: ROBNETT CONSTRUCTION, APPLICANT CIC 06/22/04 Case No. PP -04-012 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 June 22, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, and Chad Kinkela, appeared and testified, and the City Council having received a report from Brad Hawkins -Clark for the Planning and Zoning Department, and additional Site Specific Conditions/Preliminary Plat from Bruce Freckleton, Engineering Technician Ill, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the Preliminary Plat "PRELIMINARY PLAT FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 1 of 15 INITIAL POINT SUBDIVISION, LOCATED IN A PORTION OF THE NW/40F THE NE OF SECTION 7, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT INITIAL POINT SUBDIVISION ROBNETT CONSTRUCTION, SHEET PP -1, REVISED NO. I DATE 03-19-4 DESCRIPTION REVISION PER CITY OF MERIDIAN, TERRY PEUGH — SURVEYOR, CHAD KINKELA -- ENGINEER, LAMONT AND LYNN KOUBA — OWNER, SHANNON ROBNETT — DEVELOPER, BAILEY EINGINEERING, INC.", Robnett Construction, 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 I. That the proposed development is in conformance with the Amended Comprehensive Plan by reason. of the fact that it Iies 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. 02-3 82, 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. This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and is zoned C -G. In Chapter VTI of the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 2 of 15 "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 government offices. The following are Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application: Chapter VI, Goal 1I, Objective A, Action item 12 Chapter V, Goal .ill, Objective D, Action item 5 Chapter IV, Goal I, Objective A, Action item 6 3. On April 23, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All service providers present stated that their services are available to the site. The conditions and requirements from the various entities are listed in paragraph number 2 of the Order herein below. 4. The developer is installing sewer, water, and utilities for the development at their cost, and it is found that the subdivision will not conflict with the capital improvement program. 5. It is found that there will be no extraordinary costs to the public or City of Meridian to provide supporting services to the development. The Meridian Parks Department facility plan (and Comprehensive Plan Future Land Use Map) call out a public, multi -use pathway adjacent to the Five Mile Creek in the southwest corner of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION I (PP -04-012) Page 3 of 15 development. To help defray the cost to the public, the developer shall construct the pathway. 6. A portion of the Five Mile Creek floodway encroaches onto one of the buildable lots within the subdivision (Lot 7). Plat note #10 states that fill to be brought into the site will vary from 0 — 2 feet in depth to achieve the required FEMA grades. 7. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as "PRELIMINARY PLAT FOR INITIAL POINT SUBDIVISION, LOCATED IN A PORTION OF THE NW % OF THE NE % OF SECTION 7, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT INITIAL POINT SUBDIVISION ROBNETT CONSTRUCTION, SHEET PP -1, REVISED NO. 1 DATE 03-19-4 DESCRIPTION REVISION PER CITY OF MERIDIAN, TERRY PEUGH --- SURVEYOR, CHAD KINKELA -- ENGINEER, LAMONT AND LYNN KOUBA — OWNER, SHANNON ROBNETT — DEVELOPER, BAILEY EINGINEERING, INC.". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION I (PP -04-012) Page 4 of 15 IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by having submitted the Preliminary Plat "PRELIMINARY PLAT FOR INITIAL POINT SUBDIVISION, LOCATED IN A PORTION OF THE NW % OF THE NE % OF SECTION 7, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT INITIAL POINT SUBDIVISION ROBNETT CONSTRUCTION, SHEET PP -1, REVISED NO. I DATE 03-19-4 DESCRIPTION REVISION PER CITY OF MERIDIAN, TERRY PEUGH — SURVEYOR, CHAD KINKELA — ENGINEER, LAMONT AND LYNN KOUBA — OWNER, SHANNON ROBNETT — DEVELOPER, BAILEY EINGINEERING, INC", Robnett Construction, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: 1. Add a new "Site Specific Condition" which states that all common areas (Lot 1) shall be maintained by a business owner's association. B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (P&Z DEPARTMENT) 1. The following conditions of the annexation ordinance for the subject property (#736) shall be complied with as a condition of this plat: a) Connect to Meridian water and sewer services b) Development of the property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comp Plan, adopted January 4, 1994 c) Enter into a Development Agreement with the City (see #2 below) d) These conditions shall run with the land and bind the Applicant, the titled FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 5 of 15 owners, and their assigns 2. A signed and recorded copy of the DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject property. The DA shall address, among other things, the eleven (11) parking spaces designated for Ultra Touch Carwash and which were required as part of their Conditional Use Permit, 3. Provide a note on the plat granting future vehicular cross -access to the Yuan Trust parcel to the west to utilize the northern drive aisle within Initial Point Subdivision (Lot 1, Block 1). Maintenance of all drive aisles and parking areas shall be provided for with a note on the plat, AND/OR a recorded document such as an express easement or CCR's. The applicant shall provide the required documents prior to the City Engineer's signature of the final plat. 4. To comply with MCC 12-13-11-2.B, the applicant must provide a minimum five (5) foot -wide landscape strip along any portion of the north and west boundary that is adjacent to pavement (existing or future). Said strips shall be shown on future detailed landscape plans for individual lots. Because of the existing sewer easement, plant low-lying shrubs, not trees, within these required landscape strips. 5. Remove the street name "N. Lakes Avenue" from the face of the plat. (To date, the commercial driveway has not been approved as either a public or private street.) 6. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design of the storm pond shown in the southwest corner. Submit details with the Certificate of Zoning Compliance application. 7. The submitted landscape plan, prepared by The Land Group, Inc., dated 3-25-04 is not approved and a detailed landscape plan shall be submitted with the final plat application. Phasing within the individual building lots is approved and allowed with staff approval. (Per action of the City Council taken at their June 22, 2004 meeting.) permits,st-rips are appr-e,,�ed to be delayed until individual lot this eeiiditiefi beeeffie null and void, (Deleted per action of the City Council during their June 22 ,2004 meeting.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 6 of 15 8. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with. MCC 12-13-8 and MCC 9-1-2. 9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-413. 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 not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 10. A final plat shall be filed with the County Recorder within one year after written approval by the Council (MCC 12-3-8). The Applicant shall have one year from the approval date of the final plat, to begin construction of the public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4). 11. All common areas of the subdivision (shown as Lot 1) shall be maintained by a business owner's association. SITE SPECIFIC CONDITIONS (PUBLIC WORKS DEPARTMENT) 1. The applicant shall not be required to tile or cover the Five Mile Creek. All other ditches, canals or laterals to be piped shall be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 7 of 15 by the City Engineer. 3. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall 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. STANDARD PRELIMINARY PLAT CONDITIONS: I. Prior to signature of the final plat(s) by the City Engineer, a letter of creditor 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. 2. Streetlights may be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the applicant. 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. 3. Down -shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 4. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24 -hours for all storms up to and including a 100 -year storm 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. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 8 of 15 prohibited, and will be removed upon three (3) days notice to the applicant. 6. Coordinate mailbox locations with the Meridian Post Office. 7. 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. 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. 9. Staffs failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 9 of 15 6. The applicant shall submit revised pians 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 ACED shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (I- 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: I. Afire hydrant will be required to serve this development. Final approval of the fire hydrant Iocation shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 10 of 15 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'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction. begins. 5. To increase emergency access to the site, a minimum of two points of access will be required . The applicant shall provide a stub driveway to the property to the west. The two entrances shall be separated by no less than % the diagonal measurement of the project. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. Maintain a separation. of 5' from the building to the dumpster enclosure. 9. Provide a Knoxbox entry system for the complex. 10. All portions of the buildings located on this project must be within 150' of a paved surface. 11. Provide exterior egress lighting as required by the International Building & Fire Codes. E. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 11 of 15 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application. F. Adopt the Recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide a stub driveway to the property to the west. G. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Applicant shall contact Doug Strong, Meridian Parks & Recreation Director, to identify the multi -use pathway location, easement language, etc. 2. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 3. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. H. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. S. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 12 of 15 stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Five -Mile Drain courses along the southwest corner of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the action of the City Council taken at their June 22, 2004 meeting as follows: For clarification: 1. As noted by Anna Powell Planning and Zoning Director, Rich Jones of JJ Auto is willing to work with the developer to provide a cross -access connection through his property 2. The pathway along Five Mile Creek shall be constructed prior to the first Certificate of Occupancy being issued for the building on Lot 7, 3. The applicant is willing to dedicate the required 11 parking spaces for joint use between the applicant's development and Ultra Touch, and such is addressed with the required Development Agreement for the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 13 of 15 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 (2 8) 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 day of ( , 2004. 01- ,..... ROLL CALL COUNCILMAN SHAUN WARDLE VOTED COUNCILMAN BILL NARY VOTED4� COUNCILMAN CHARLIE ROUNTREE VOTED_#� COUNCILMAN KEITH BIRD VOTEDiV FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 14 of 15 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ,,,�1{(;�,yR; T xzz de d Attest: •�`��k0� II� Qi - SEAL - William G. Berg, Jr., City lerk 7 Copy served upon Applicant, The Pla in eiartment, Public Works Department and City Attorney. f 11441111 tttst,tiNON, �` By:"Dated: 3 -23 - 04 City Clerk's Office ZAWork\M\Mcridian\Meridian 15360MIInitial Point Sub PP-04-012TMIsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INITIAL POINT SUBDIVISION / (PP -04-012) Page 15 of 15 July 9, 2004 AZ 03-022 MERIDIAN CITY COUNCIL MEETING July ] 3, 2004 APPLICANT BRS Architects ITEM NO. REQUEST Development Agreement — Request for annexation and zoning of 5 acres from RT to C -G zones for the Kissler Dealy Parcel — southeast corner of East Ustick Road and North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Development Agreement Contacted: y aDate: I✓�_ Phone: Materials presented at public meetings shalt become property of the City of Meridian. (, ( b r s cur ck� +(,as . com 4, �Y1Gh1 YI IV �J JDAHO 1INCE 903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile .Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/fax 884-1159 June 15, 2004 Billy Ray Strite BRS Architects 1010 South Allante Place Ste 100 Boise, ID 83709 3 .3Ei VE$ Re: Development Agreement — Kissler (Dealy Parcel) AZ 03-422 Dear Mr. Strite, Enclosed please find the original Development Agreement for Kissler (Dealy Parcel), which is ready for your review and signatures of the appropriate parties. Please sign where indicated a returnwto tf a Ctty `of Also enclosed is a copy for your records of the Findings of Fact and Conclusions of Law for Approval for this project. Please call me if you have any questions at 208-888-4433. Sincerely, Tara Green Deputy City Clerk enc. CITY HALL 33 EAST IDA1-10 AVENUE AIERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLI:I{; I;1\ 888-4218 11U.NIAN RESOtiRGGS--F%X 884-8723 FINe1\Cli & UTILITY 131LUING--MX 887-4813 %MYOR'S OFFICE—FAX 884-8119 ADA COUNTY RECORDER J. K NAVARRO 41 BOISE IDAHO 07123/04 92:59 PM DEPUTY Vicki Allen RECORDED-REQUEST OF !! !! pp Meridian Clty AMOUNT A 104093292 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. .fames A. Kissler, LLC, an Idaho limited liability company, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this. M-- day of r�L�. , 2004, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and JAMES A. KISSLER, LLC, an Idaho Iimited liability company, whose address is 1125 W. Amity Road, Boise, Idaho 83705-5494, and hereinafter called "OWNER". RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C -G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ -03-022) PAGE I OF 19 l .b WHEREAS, record of the proceedings for the requested armexation and zoning designation of the subject "Property" held before the Plaiming & 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.�day of lh , 2004, has approved certain Findings of Fact and ConclusioLaw and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated. herein as if set forth in gull, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "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 goveriunent subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 2 OF 19 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, ords;terms, and phrases heroin contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to JAMES A. KISSLER, LLC, an Idaho limited liability company, whose address is 1125 W. Amity Road, Boise, Idaho 83705-5494, the party owning said "Property" being developed and shall include any subsequent owners)/developer(s) of the "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 describing the parcels to be annexed and zoned C -G 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 Section I I7-2 (K) which are herein specified as follows: Annexation and Zonin; of 5 acres to C G, with the Concept Plan. dated December 22, 2003 showing Commercial uses, Commercial/Office uses, High Density Commercial uses, Multi- family residential uses, Residential uses, and Transitional uses, and all uses shall be required to go through the Conditional Use Permit process for approval. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 3 OF 19 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Applicant shall coordinate with the .Intermountain Gas Company to include the outparcel owned by that company (Ada County Parcel No. S 1104223200) in the legal description for the Kissler/Dealy ai exation application. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS The legal description, stamped approved by Public Works on September 23, 2003, meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. Essential City services will be made available to the subject property. 3. All future uses within the boundaries of this annexation shall only be approved through the Conditional Use Permit process. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 4 OF 19 The following are the Comprehensive flan policies (from Chapter VI and VII) as applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Kissler-Deals Annexation: + "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. + New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. + In addition to providing for enhanced automobile traffic, Meridian should. seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. ® Pathways that encourage use by bicyclists and pedestrians can decrease road congestion mid add to the community's quality of life. The proposed. off- street and multiple -use pathway systems are depicted in Figures VI -3 and VI4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Mixed Use Development Policies Applicable to the Kissler-Dealt/ Annexation: + "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potentia[ to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; + Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 5 OF 19 ® In developments where multiple commercial and/or office buildings are proposed (.not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; s Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. 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. C. Adopt the Recommendations of the ACRD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed. from impact fees to be collected solely from the applicant's specific development project) 48 -feet of right- of-way from centerline along Usticfc Road, and construct a minimum 5 - foot wide concrete sidewalk along Usticfc Road, located a minimum of 41 - feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 - foot wide concrete sidewalk along Usticfc Road, located a minimum of 41 - feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Usticfc Road to align or offset a minimum of 300 -feet from any other public roadway (measured centerline to centerline). DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 6 OF 19 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230 -feet from any existing or proposed driveway or Street. 4. Once the access points have been approved by the District, they are to be identified. as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right -of - 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 7 OF 19 r,. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building perinit (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 4197, 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 ACRD 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 planried use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire -flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 8 OF 19 2. Operational fire hydrants and temporary or pei manent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal & external access roads shall have a radius of 28' inside and 48' outside radius. 6. That all internal and. external access roads shall have a 20' wide fire lane available at all times. IFC 7. Roads which are greater than 150' in length will be required to be provided with an approved turnaround. 8. All building uses and storage practices shall comply with the International Building & Fire Codes. E. Adopt the action of the City Council taken at their February 24, 2004 meeting as follows: 1. All uses must be approvedthrough the Conditional Use Pen -nit process as shown on the Concept Plan, dated. DEC. 22 2003, NO. 1529, as presented at the February 24, 2004 City Council meeting, and which Concept Plan is hereby approved. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67--6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 9 OF 19 "Owner" consent upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (b) months of such notice. 9. INSPECTION: "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 of this Development Agreement and all other ordinances of the "City" that apply to said. Development. 10. DEFAULT: 10.1 In the event "Owner" or "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. 10.2 A waiver by "City" of any default by "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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "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 of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 10 OF 19 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "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 (3 0) day period, if the defaulting party shall cornmence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the tirne allowed to cure such failure may be extended for such period as may be necessary to complete the caring of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "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 of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which tree "Owner" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" has entered into an addendurn agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 11 OF t9 of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83 642 with copy to: City of Meridian City Cleric 33 E. Idaho Ave. Meridian, ID 83642 OWNER: James A. Kissler, LLC, an Idaho limited liability company 1125 W. Amity Boise, Idaho 83705-5494 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 12 OF 19 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in anyway 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 "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "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 "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, ,:hange or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended 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. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 13 OF 19 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and exeCLLtion of the Mayor and City Cleric. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 14 OF 19 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: BY: .l les A. Kissler Attest: CITY OF MERIDIAN MAYOR �A e ERD Attest: `L,jlil,til 1It „F,r r • .I CITY CLERK �Cal. �n Q 0 sf :s '�}SrC�dT:i ii1t�►�q1 DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 15 OF 19 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this g Z day of a in the year 2004, before nae, a Notary Public, personail?p appeared Tames A. Kissler and tv /A , lalown or identified to nae to be the and v /A of JAMES A. KISSLER, an Idaho limited liability company, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liability corporation. STATE OF IDAHO ) :ss County of Ada ) (� - Qk&- oj"-�-- Notar Public for Idaho n^ Residua t: Commission expir s: 9) 3o 5 On this 13 -�k day of J vd, , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William. G. Berg, la -Low or identified to ane to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and aclaao w��lcdg,,,j tome that such City executed the same. E L S- r (SEAL) 1,UBL�C N ary P blic for Idaho esidi gat: Af F ° 61#0 ®T�•U ••��+°°° (,oi zission expires: + 0 `i © _7 6ek DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 16 OF 19 EXHIBIT A LEGAL DESCRIPTION A Parcel of land being a portion of the East Half of Government Lot 4 lying in the Northwest Quarter of the Northwest Quarter of Section 4, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 4 (also the Northwest corner of said Government Lot 4), Township 3 North, Range 1 East of the Boise Meridian; thence North 89°49'08" East (formerly North 89°)5'22' East) along the Northerly line of said Section 4 a distance of 664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING; thence continuing North 89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section 4 a distance of 166.19 feet; thence leaving said Northerly line, South 00°13'40" West (formerly South 00°00'06" East) a distance of 293.00 feet; thence North 89°18'56" West (formerly South 89°)242" West) a distance of 168.07 (formerly 166.19 feet); thence North 00°35'55" East (formerly North 00°05'05" West) a distance of 290.48 feet (formerly 293.00 feet) to the POINT OF BEGINNING. The above description was prepared from information contained in Deed of records of Ada County, Idaho. Not the result of an actual survey made on the ground.. The above described parcel contains 1.119 acres, more or less. AND A Parcel of land being a portion of the East Half of Government Lot 4 lying in the Northwest Quarter of the Northwest Quarter of Section 4, Township 3 North, Range I East of the Boise Meridian, Ada County, Idaho. more particularly described as follows: Commencing at the Northwest corner of said Section 4 (also the Northwest corner of said Government Lot 4), Township 3 North, Range l East of the Boise Meridian; thence South 89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section 4 a distance of 664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING; thence continuing South 89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section 4 a distance of 166.19 feet; thence leaving said Northerly line, South 00°35'24" West (formerly South 00°00'06" East) a distance of 1290.77 feet (formerly 1290.60 feet); thence North 89°51'00" West (formerly South 89°)2'42" West) a distance of 166.38 (forn-ierly 166.20 feet); thence North 00°35'55" East (formerly North 00°05'05" West) a distance of 1290.86 feet (formerly 1290.73 feet) to the POINT OF BEGINNING. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 17 OF 19 The above description was prepared from information contained in Deed records of Ada County, Idaho. Not the result of an actual survey made on the grout -id. The above described parcel contains 4.927 acres, more or less. DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 18 OF 19 Fins of Fact a,.. Law/Conditions of Annroval _ , , and ConclusionsofZaw/Co. , DEVELOPMENT AGREEMENT (AZ -03-022) PAGE 19 OF 19 BEFORE THE MERIDIAN CITY COUNCIL CIC 02/24/04 IN THE MATTER OF THE } Case No. AZ -03-022 APPLICATION FOR ANNEXATION ) AND ZONING OF 5 ACRES FOR ) FINDINGS OF FACT AND THE KISSLERIDEALY PARCEL, ) CONCLUSIONS OF LAW AND LOCATED IMMEDIATELY EAST } DECISION AND ORDER OF THE KISSLER ANNEXATION ) GRANTING APPLICATION FOR APPLICATION (18 ACRE PARCEL) ) ANNEXATION AND ZONING NEAR THE SOUTHEAST CORNER } OF THE INTERSECTION OF ) EAGLE ROAD/SH 55 AND USTICK } ROAD, MERIDIAN, IDAHO ) BRS ARCHITECTS, APPLICANT The above entitled annexation and zoning application having come on for public hearing on November 5, 2003, January 20, 2004, and February 24, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Billy Ray Strite, 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 There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 1 OF 21 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 ctuTent 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. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 5 acres in size and is located on the south side of Ustick Road, approximately 570 feet east of Eagle Road/SH-55, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. land. 4. The owner of record of the subject property is James A. Kissler, LLC. Applicant is BRS Architects. 6. The property is presently zoned RUT and consists of rural residential/agricultural 7. The Applicant requests that the property be zoned as C -G (General Retail and Service Commercial). The subject property is bordered on all sides by rural residential/agricultural property (zoned RUT, Ada County), 9. The Applicant submitted a Concept Plan and incorporated his 5 acres with the Annexation and Zoning of the Kissler/Cobbs/Ruwe application, Case No. AZ -03-018, for the S acres to C -G, with the Concept Plan dated December 22, 2003 showing Commercial uses, Commercial/Office uses, High Density Commercial uses, Multi -family residential uses, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 2 OF 21 Residential uses, and Transitional uses, and all uses shall be required to go through the Conditional Use Permit process for approval. 10. The Applicant requests zoning of the subject real property as C -G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Mixed Use -Regional. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 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 Special Recommendations of the Planning and Zoning Commission as follows: I . The Applicant shall coordinate with the Intermountain Gas Company to include the outparcel owned by that company (Ada County Parcel No. S 1104223200) in the legal description for the Kissler/Dealy annexation application. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS 1. The legal description, stamped approved by Public Works on September 23, 2003, meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services will be made available to the subject property. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner. The DA shall require that all future uses within the boundaries of this annexation only be approved through the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE') OF 21 Conditional Use Permit process. Any residential uses required by the City Council shall also be addressed as part of the DA. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Kissler-Dealt' Annexation: w "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. 0 New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. ® In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. ® Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Mixed Use Development Policies Applicable to the Kissler-Dealt/ Annexation: ®"Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; ® In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-422) PAGE 4 OF 21 ® Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. 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. C. Adopt the Recommendations of the ACRD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48 -feet of right-of-way from centerline along Ustick Road, and construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 41 -feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 41 -feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right -of --way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300 -feet from any other public roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230 -feet from any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 5 OF 21 5. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 33418300. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved. in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 6 OF 21 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-500-342-1585) 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 plaided use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: I . That a fire -flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. All internal & external access roads shall have a radius of 28' inside and 48' outside radius. 6. That all internal and external access roads shall have a 20' wide fire lane available at all times. IFC 7. Roads which are greater than 150' in length will be required to be provided with an approved turn -around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 7 OF 21 S. Ail building uses and storage practices shall comply with the International Building & Fire Codes. ZD E. Adopt the action of the City Council taken at their February 24, 2004 meeting as follows: All uses must be approved through the Conditional Use Permit process as shown on the Concept Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24, 2004 City Council meeting, and which Concept Plan is hereby approved. H. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use -- Regional." The purpose of this designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. . .and to identify key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (See Chapter VII, pg. 97.) The requested C -G zoning generally coiiforms to this stated purpose and intent of the MU -Regional designation. It is also found that the following 2002 Comprehensive Plan text policies to be applicable to this application (staffanalysis is in italics belowpolicy): Mixed Use Area Comp Plan Policies (froze Chapter VII) "All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use -Regional (areas). A CUP application would not be needed (for developments within the MU -Regional area) unless a project lies within 300 feet of an existing residence or school or CUP is otherwise required per ordinance." The subject property falls within the MU -Regional designation. There is an existing residence within 300 feet of the eastern boundary of the property. No existing or proposed schools are within 300 feet of any portion of the property. The applicant has stated a willingness to have all fixture development proceed through the CUP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 8 OF 21 process. "Where mixed use developments are pleased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted"; No development application was submitted with the annexation, but it is anticipated that development will occur in a phased manner. It is likely that the subject property will develop in tandem with the Kissler property to the west. Given the narrow parcel configuration and limited access points to Ustick Road, Staff believes it would be beneficial to the City, adjacent property owners and future developers to have a conceptual site/master plan prepared for this area to demonstrate internal access/circulation and building footprints, etc. If the Commission and/or Council want to review a conceptual site plan prior to a detailed CUP application being submitted, such a requirement may be addressed as part of the DA. (See Site Specific condition 43 below.) ® "Where the project is developed adjacent to love or medium density residential uses, a transitional use is encouraged"; The property is adjacent to existing low density residential uses. A transitional use is not specifically called out but could be addressed as part of future CUP applications or as part of a conceptual master plan, as noted above. Staff finds that transitional arses could be addressed as part offuture CUP applications. ® "Residential density allowed of') to 40 units/acre"; Not applicable. No residential uses are proposed. ® "No upper limit of non-residential uses (square footage)." (See Chapter VII, pgs. 97-98, for the above-mentioned mixed use policies.) "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) The Public Works Department is currently completing construction of the South Slough Trunk extension in the vicinity of this annexation. The sewer project extends the trunk line to Eagle and Leslie Drive and Eagle and UstickRoad intersections. Municipal water is currently available in Ustick Road. The legal description for the annexation does not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 9 OF 21 place the property contiguous to the existing city limits, but the property would become contiguous if the pending Kissler annexation application is approved' ® "Encourage high-tech, research, pharmaceutical firms and high -duality retail facilities." (Chapter IV, Goal II, Obj. A) ® "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) The subject property has frontage on an arterial roadway (Ustick). If uses adjacent to the existing residential land to the east are controlled either through a CUP or zoning, future development could complement adjoining residential areas. • "Develop incentives for high-density development along major transportation corridors to support public transportation system." (Chapter VII, Goal IV, Obj. D, #7) 14. The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Horne. Providence Place Subdivision is a large, urban density residential subdivision located in Boise City less than 600 feet east of the subject parcel. W.H. Moore Company, who owns the 55+ acres at the northwest corner of Ustick and Eagle, has had numerous discussions with the City regarding their intentions to develop a commercial/office park. It is found that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 15. No uses are proposed with this application. Certain permitted uses in the C -G zone such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have a negative impact on the existing residential uses. The Dealy parcel is designated as future mixed use in the comprehensive plan. It is found that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and future CUP applications, should be harmonious and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND .ZONING FOR IUSSLER (AZ -03-022) PAGE 10 OF 21 appropriate in appearance with the existing character of the vicinity. 16. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscape buffer ordinances are exercised. Some uses may be disturbing to existing residential uses to the east. 17. It is found that roadway improvements will be required on Ustick Road to handle the additional traffic generated by future development. Sanitary sewer and water are either currently available or under construction to provide service to the area. All other public services and facilities appear to be adequate to service this property. 18. It is found that this development will not cause excessive additional requirements at public cost. The South Slough Trunk extension was funded by the City of Meridian. Other required site improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 19. It is found that several of the allowed uses in the C -G zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. MCC 1 I -12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. To comply with this finding, a CUP shall be required for future uses. 20. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development application. In accordance with Comp Plan policy #12 (pg. 79) and policy 42 (pg. 107), it is found that the number of vehicular access points to Ustick Road should be restricted and comply with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE I l OF 21 ACRD policies in order to preserve the capacity and movement on these roadways at build -out. 21. It is found that the proposed annexation will not result i1] the destruction, loss or damage of natural features. 22. It is found that the annexation of this property would be in the best interest of the City for the following reasons: • increased commercial land base available to future developers; • increased property tax revenue-, • municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. It is also found that, based upon the information submitted in the application, it is difficult for the Commission and Council to fully determine "best interest" factors, since no future users are known at this time. The CUP/PD process does grant the City a fairly high degree of design and use review authority, but the additional demand on staff to process such applications should also be considered. 23. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 24. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 12 OF 21 or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW The City of Meridian has authority to aimex 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 § I I-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. 02-3 82. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter VII, pgs. 97 and 98 Chapter IV, Goal I, Obj. A, #6 Chapter IV, Goal II, Obj. A Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal IV, Obj. D 47 The zoning of (C -G) General Retail and Service Commercial is defined in the Zoning Ordinance at § 11-7-21{ as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 13 OF 21 (C -G) General Retail And Service „Commercial District: The pwpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building: to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fidfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 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. S. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately 5 acres to (C- G) General Retail and Service Commercial is granted subject to the terms and conditions of this Order hereinafter stated. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR IUSSLER (AZ -03-022) PAGE 14 OF 21 ?. The application is for annexation and zoning of 5 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 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: B. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Applicant shall coordinate with the Intermountain Gas Company to include the outparcel owned by that company (Ada County Parcel No. S 1104223200) in the legal description for the Kissler/Dealy annexation application. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS 1. The legal description, stamped approved by Public Works on September 23, 2003, meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services will be made available to the subject property. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner. The DA shall require that all future uses within the boundaries of this annexation only be approved through the Conditional Use Permit process. Any residential uses required by the City Council shall also be addressed as part of the DA. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as applicable to all future development within the boundaries of this annexation: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 15 OF 21 Transportation Policies Applicable to the Kissler,-Dealt' Armexation: ® "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. ® New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. ® In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Mixed Use Developrnent Policies Ap lip cable to the Kissler-Deals Annexation.: ®"Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; O In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; s Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. 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 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 16 OF 21 domestic purposes such as landscape irrigation. C. Adopt the Reconuirendations of the ACRD as follows. Site Specific Conditions of Approval I . The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48 -feet of right-of-way from centerline along Ustick Road, and construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 41 -feet from the centerline of the right -of- way - b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 41 -feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right -of --way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300 -feet from any other public roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230 -feet from any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300. 6. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR IUSSLER (AZ -03-022) PAGE 17 OF 21 Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLM (1-800-342-1585) at least two frill 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER (AZ -03-022) PAGE 18 OF 21 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 urdess a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows. That a fire -flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal & external access roads shall have a radius of 28' inside and 48' outside radius. 6. That all internal and external access roads shall have a 20' wide fire lane available at all times. IFC 7. Roads which are greater than 150' in length will be required to be provided with an approved turn -around. 8. All building uses and storage practices shall comply with the International Building & Fire Codes. E. Adopt the action of the City Council taken at their February 24, 2004 meeting as follows: All uses must be approved through the Conditional Use Permit process as shown on the Concept flan, dated: DEC. 22 200;, NO. 1529, as presented at the February 24, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR IUSSLER (AZ -03-022) PAGE 19 OF 21 2004 City Council meeting, and which Concept Plan is hereby approved. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -G) General Retail and Service Commercial District, and Meridian City Code § I I - 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR IUSSLER (AZ -03-022) PAGE 20 OF 21 By action of the City Council at its regular meeting held on the ?_�J day of 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED COUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED L MAYOR TAMMY de WEERD (TIE BREAKER) VOTED__ DATED: r5-26-04 MOTION: APPROVED: X DISAPPROVED: Attest: William G. Berg, Jr., Ci e Weer EAL 3 Copy served upon Applicant, the Platiiii�ig . t oil ngc`rtment, Public Works Department and the City Attorney. :: !!'��'�� �,y�{�t',Eyt,. By:. Dated: City Clerk ZAWork,kM cridianVV1eridian l5360N%Jssler (Dealy Parcel) AZ-03-0221AZFfCl&0rder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR IUSSLER (AZ -03-022) PAGE 21 OF 21 S:L,;,f td (Name) (Address) - -- n,5 (City) (State) Intermountain Gas, record owner of the "regulator Station" located an the South side of Ustick Road, approximately 600' rEast of Eagle Road, grant their approval to the City of Meridian to join the Annexation approved under AZ -03-022.. Bated this 4 , day -of,. 2004. {Si' riaturaj SUBSCRIBER ANIS SWORN t, the day andY ear first shove written, -W� _ ,.s�l.t Notary Public for Idalfo Residing at � u , � ti$agasaaaQa�a�� STN G1 3a�/a'�$� . $ � X99 ®®a V �P ! .a0 PUBV OV f 3 i r My Commission Expires Z L e- zo,:), July 9, 2004 AZ 04-004 MERIDIAN CITY COUNCIL MEETING July 13, 2004 APPLICANT Falcon Creek, LLC ITEM NO. �- REQUEST Development Agreement --- Request for annexation and zoning of 34.6 acres from RUT ti I -L, L -O, and C -G zones for proposed McNelis Subdivision — northwest comer of North Ten Mile Road and West Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Development Agreement GSI I.- Date: -L( -` I Phone: Staff Initials:hL Materials presented at public meetings shall become property of the City of Meridian. f 4� r ori icn� v "!l�-j'FII'..\til-fill'. �!\115' S1NCf ' isua MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-7.234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/fax 898-5501 Maiming & Zoning 660 E. Watertower Larte Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W.Sth Street 888-5242/fax 884-1159 RECEIVED JUN 16 20% June 15, 2004 " `� N1 �:� Becky McKay Engineering Solutions, LLP L 0 7 2004 150 East Aikens Street Citi Of Meridian Suite B City Clem Office Eagle, ID 83616 Re: Development; Agreement — McNelis Subdivision AZ 04-004 Dear Ms. McKay, Enclosed please find the original Development Agreement for McNelis Subdivision, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Also enclosed are copies for your records of the Findings of Fact and Conclusions of Law for Approval for these projects. Please call me if you have any questions at 208-888-4433. Sincerely, Tara Green Deputy City Clerk enc. CJTY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 crry CLERI:—fax 888.4216 mfMAN R SOURCES—rnx 884.-6723 i:rN NC[-. & �71-11.r[-t' 13€1.1.[Nc-1AX 887.4813 Nimw'S o,i-1uL 1f,Xx 884-8119 ADA COUNTY RECORDER J. 11r,:.a NAVARRO 43 BOISE IDAHO 07123104 02;59 PM DEPUTY Vicki Allen RECORDED —REOUEST OF ii BB III !! I Meridian City AMOUNT .00 104093293 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Falcon Creek, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement'), is made and entered into this 219'`-4 day of t74 -V-;- .f , 2004, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and FALCON CREEK, LLC, whose address is 621 N. Robinson Road, Nampa, Idaho 83687, hereinafter called "OWNEWDEVELOPER". RECITALS: 1.1 WHEREAS, "OVVNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/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 Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (L -O) Limited Office District, (C -G) General Retail and Service Commercial District, and (I -L) Light Industrial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" 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 (AZ -04-004) PAGE 1 OF 20 subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ge day of e%L[A <, 2004, 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 "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "O"ER/DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 1 I and Title 12. DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 2 OF 20 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Falcon Creek, LLC, whose address is 621 N. Robinson Road, Nampa, Idaho 83 68 7, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "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 describing the parcels to be annexed and zoned L -O, C -G and I -L 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, as listed herein below in paragraph 6.A.D.8. are only those uses allowed, which are herein specified as follows: Construction and development of a commercial subdivision with 16 buildable lots and S other/common lots, in a proposed L -O, C- G and I -L zones 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 3 OF 20 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has not presently submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof if a conditional use permit is submitted, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6• CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and Public Works Departments as follows: ANNEXATION & ZONING FACTS AND CONDITIONS The submitted legal description appears to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. All proposed uses on future lots or parcels that abut Ustick Road and/or Ten Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4, Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat) shall be approved through the Conditional Use Permit process. All principally permitted uses, as defined herein, within lots or parcels that do not abut Ustick Road and/or Ten Mile Road, and that do not abut the Nine Mile Creek (shown as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the concurrent preliminary plat) shall not require separate Conditional Use Permit approval. 5. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 4 OF 20 change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC I1-19-1). 6. Business hours for the I -L and L -O zoned properties shall be limited to 7 am to 10 pm. 7. The permitted and prohibited use list for each proposed zoning district outlined in the Special Consideration section of this report shall be incorporated into the Development Agreement document. Incorporate into the development agreement language that prohibits convenience stores and gas stations in the GG zone. 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 maybe used for non-domestic purposes such as landscape irrigation. B. Adopt the Ada County Highway District's report dated April 2, 2004, which report lists site-specific requirements, conditions of approval and street improvements. C. The applicant shall comply with the requirements and conditions in the corresponding Preliminary Plat, Case No. PP -04-004. D. Adopt the action of the City Council taken at their May 25, 2004 meeting as follows: For clarification; 1. The applicant shall work with the Nampa & Meridian Irrigation District to make sure that the pump station is not located directly across from Mr. Crane's bedroom window. 2. The applicant shall be allowed convenience stores and gas stations in the C -G zone for consideration as conditional uses on the corner of Ten Mile and Ustick Roads. A detailed conditional use permit application would be DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 5 OF 20 required for any uses in the proposed C -G zone. Through this process, conditions can be placed on the facilities to minimize impacts on residential properties. 3. The applicant shall provide for the pathway easement for connectivity between the north and south point of the pathway on the northern portion of the property line. 4. The access point onto Ten Mile which is proposed as a right in, right out, as shown on the preliminary plat be eliminated. S. On the I -L portion of the project, if a contractor yard is constructed, any company vehicles, equipment, and any and all materials, must be either in an enclosed building or behind site obscuring fences during non -working hours, and such shall be located at the rear of the property. 6. A cross -access agreement shall be required between all lots adjacent to the commercial property on the corner. 7. There is a widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. S. Separate CUP approval for only the lots that are abutting Ustick Road, Ten Mile Road and the Nine Mile Creek should be required. It is believed that this modification will allow the City to control design and use issues required by ordinance, while allowing the proposed uses to bypass the public hearing process. This makes the process of pulling building permits more efficient for the developer(s) and the City. Below is the proposed list of allowed and prohibited uses for each zone*: DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 6 OF 20 I -L Zone: Permitted Uses** Animal Hospital/Kennel Automobile Repair Shop/Garage/Wash Automobile Service Station Construction Businesses: Contractor's Yard; Sheet Metal Shop; Roofing Shop; Sign Painting Shop; and Indoor/Outdoor Storage Yards Crematorium* * * Drive-in Theatres; Drive-in Establishments*** Dry Cleaning*** Flex Space: Office/Warehouse Mix Greenhouses, nurseries Laboratories (Medical, Dental, and Optical) Laundries, commercial Mausoleum* * * Medical Research Facilities Molded Plastic Products Mortuary* * * Newspaper and Printing Establishment Parks and PIazas Pharmacy (drive-thru requires CUP approval) Printing, Lithography, Publishing and Associated Reproduction (exclusive of Paper Manufacturing) Public & Quasi -Public Uses (as defined in the Meridian Comprehensive Plan) Radio and Television Stations (except exterior communications facilities districts) Recycling Plants'** Sales: Building Materials; Hay, Grain, etc., Bulk Garden Supplies; Machinery Seed and Garden Supply All uses listed in MCC 11-5-1 as "Permitted Use" in the I -L zone, except: Prohibited Uses Asphalt and Concrete Automobile Wrecking Yard and Storage Fuel Yards Junk Yards Lumber Yards Mobile Home Manufacturing Outdoor Entertainment Centers Railroad Yards and Shops Restaurants DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 7 OF 20 Retail Stores Sales Lots (Auto, Recreation, Agricultural, etc.) School — Private Solid Waste Transfer Stations Truck Stop L -O Zone: Permitted Uses** Bakery Stores Clubs and Lodges Dry Cleaning*** Garage, public Greenhouse, nursery Laundromat (self-service)*** Nursing Home and Sanitariums*** Public Parking Lot Public and Quasi -public (as defined in the Comprehensive Plan) Radio and T.V. Research Facility Technical School*** Veterinary Clinics and Hospitals All uses listed in MCC 11-8-1 as "Permitted Use" in the LO zone, except: Prohibited Uses Apartment Houses Childcare Center Convenience Store Department Store Drive-in Theatre, Drive-in Establishment Family Childcare Home Group Childcare Home Hospitals Hotels Motels Multi -family Dwellings Nurseries and Daycare Centers School -- Private, Public C -G Zone****: Permitted Uses** DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 8 OF 20 All uses listed in MCC 11-8-1 as "Permitted Use" in the C -G zone, except: Prohibited Uses Bars, Alcohol Establishments Contractor's Yard Entertainment Centers, Outdoor Lumber Yard Nursing Homes and Sanitariums Truck Stops This list is not an exhaustive inventory of all possible uses. When/if a use is proposed that is not specifically listed, such use shall be hereby expressly prohibited unless by application and authorization it is determined by the Planning and Zoning Administrator that said use is similar to and compatible with a listed permitted use. Such use(s) may then only be permitted as a conditional use, regardless of the proposed site location. ** A use listed as a permitted use in any zone will require CUP approval if it is proposed on Lots 2, 3, and 4, Block 2, and Lots 1-5, and 7, Block 1. *** CUP approval is required, regardless of the proposed site location. *** All uses within the C -G zone require CUP approval. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property' of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. S. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consent upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 9 OF 20 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 10 OF 20 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (3 0) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation., acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 11 OF 20 event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: C/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Falcon Creek, LLC 621 N. Robinson Road Nampa, Idaho 83687 17.1 A party shall have the right to change its address by delivering to the Other party a written notification thereof in accordance with the requirements of this section. 18• ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ. -04-004) PAGE 12 OF 20 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21 • INVALID PROVISION: 1f any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" 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 "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended 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. DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 13 OF 20 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 14 OF 20 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: BY: Edward J. elis Attest: BY: A4.e 6, laser CITY OF MERIDIAN MAYOR T dem_ Attest: �'�©T`• f e �4 SEAQ CITY CLERK DEVELOPMENT AGREEMENT (AZ -04-004) PAGE t 5 OF 20 STATE OF IDAHO ) ss COUNTY OF ADA On this—K�— day of, in the year 2004, before me, a Notary Public, personally eared Edward J. McNelis and A. Leon BIaser, known or identified to me to be the registered agent and member of FALCON CREEK, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liability corporation. siti'9�see�raaaaa *,,•� STATE OF IDAHO ) :ss County of Ada ) On this day of ju (t� , in the year 2004, before me, a Notary Public, personally appeared T y de Weerd and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowled ,q,,me that such City executed the same. (SEAL) Z:%WOrkk"eridian\Meridian 15360M\McNelis AZ -04-004 PP-04-00ADevc1opAo .doc DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 16 OF 20 EXHIBIT A LEGAL DESCRIPTION TEN MILE-USTICK BUSINESS PARK TOTAL ACREAGE A parcel of land located in the SE % of Section 34, TAN., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, TAX., R.1W., B.M.; thence along the South boundary of said Section 34 North 89043'00" West, 934.94 feet; thence North 37°25'41" West, 861.63 feet; thence North 43°06'33" West, 45.13 feet; thence 152.82 feet along the are of a curve to the left, having a radius of 290.92 feet, a central angle of 30°05'54", and a long chord bearing North 58°09'30" West, 151.07 feet; thence North 73°12'27" West, 105.95 feet; thence 122.51 feet along the arc of a curve to the right, having a radius of 100.50 feet, a central angle of 69°50'36", and a long chord bearing North 38°17'09" West, 115.06 feet; thence North 03'2 V 51 " West, 140.80 feet; thence North 80°31'41" East, 287.40 feet; thence South 86°5!' l5" East, 701.30 feet; thence North 64'14'16" East, 277.37 feet; thence South 89°43'09" East, 303.80 feet; thence South 00°17'35" West, 253.68 feet thence South 89°42'25" East 267.53 feet to a point on the East boundary of said Section 34; thence South 00°17'35" West, 935.83 feet to the Point of Beginning. Containing 34.60 acres, more or less. Subject to right-of-way for Ten Mile and Ustick Roads. PROPOSED C -G ZONE McNelis Subdivision A parcel of land located in the SE % of Section 34, TAN., R.I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, TAN., R.1 W., B.M.; thence along the south boundary of said Section 34 North 89043'00" West, 25.00 feet to a DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 17 OF 20 point on the west right of way of N. Ten Mile Road, the Real Point of Beginning of this description; Thence continuing along said south boundary North 89°43'00" West, 253.00 feet to a point; thence North 000 17'35" East, 475.00 feet to a point; thence South 89°43'00" East 253.00 feet to a point on said right of way; thence along said right of way South 00°17'35" West 475.00 feet to the Real Point of Beginning of this description. Containing 2.76 acres, more or less. PROPOSED I -L ZONE McNeiis Subdivision A parcel of land located in the SE '/ of Section 34, TAN., R.I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R.IW., and Sections 34 and 35, TAN., R.1W., B.M.; thence along the east boundary of said Section 34 North 00017'35" East, 935.83 feet to a point; thence North 89042'25" West 267.53 feet to a point of tangency being the Real Point of Beginning of this description; thence 126.99 feet along the are of a curve to the left, having a radius of 227.00 feet, a central angle of 32'03'10" and a long chord bearing South 74116'00" West, 125.34 feet to a point of tangency; thence South 58°14'25" West, 244.10 feet to a point of curvature; thence 279.77 feet along the arc of a non -tangent curve to the left, having a radius of 427.00 feet, a central angle of 37°32'24" and a long chord bearing South 39°28' 13" West, 274.79 feet to a point; thence North 89°43'00" West 598.62 feet to a point; thence North 37°25'41" West, 155.28 feet to a point; thence North 43°06'33" West, 45.13 feet; thence 152.82 feet along the are of a curve to the left, having a radius of 290.92 feet, a central angel of 30°05'54", and a long chord bearing North 58°09'30" West, 151.07 feet; thence North 73 012'27" West, 105.95 feet; thence 122.51 feet along the arc of a curve to the right, having a radius of 100.50 feet, a central angle of 69°50'36", and a long chord bearing North 38°17'09" West, 115.06 feet; thence North 03°21'51" west, 140.80 feet; thence North 80°31'41" East, 287.40 feet; DEVELOPMENT AGREEMENT (AZ_04-004) PAGE 18 OF 20 thence South 86c'51'15" East, 701.30 feet; thence North 64014,16" East, 277.37 feet; thence South 89°43'09" East, 303.80 feet; thence South 00° 17'3 5 " West, 253.68 feet to the Real Point of Beginning of this description. Containing 14.67 acres, more or less. PROPOSED L -O ZONE McNelis Subdivision A parcel of land located in the SE % of Section 34, TAN., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R.1W., and Sections 34 and 35, TAN., R.1W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 278.00 feet to the Real Point of Beginning of this description; Thence continuing along said South boundary North 89°43'00" West, 656.94 feet to a point; thence North 37°25'41" West, 706.35 feet to a point; thence South 89°43'00" East 598.62 feet to a point on a curve; thence 279.77 feet along the arc of a non -tangent curve to the right, having a radius of 427.00 feet, a central angle of 37°32'24" and a long chord bearing North 39028'13" East, 274.79 feet to a point of tangency; thence North 58°14'25" East 244.10 feet to a point of curvature; thence 126.99 feet along the arc of a curve to the right, having a radius of 227.00 feet, a central angle of 32'03'10" and a Iong chord bearing North 74016'00" East, 125.34 feet to a point of tangency; thence South 89°42'25" East 242.53 feet to a point on the west right of way of N. Ten Mile Road; thence along said right of way South 00°17'35" West 460.84 feet to a point; thence North 89°43'00" West 253.00 feet to a point; thence South 00°17'35" West 475.00 feet to the the Real Point of Beginning of this description. Containing 16.64 acres, more or less. DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 19 OF 20 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A royal DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 20 OF 20 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 34.6 ACRES FOR PROPOSED MCNELIS SUBDIWSIONFROM RUT TO I -L, L -O, AND G -C, LOCATED ON THE NORTHWEST CORNER OF USTICK ROAD AND TEN MILE ROAD, WITHIN SECTION 34 OF TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO FALCON CREEK, LLC, APPLICANT C/C 05/25/04 Case No. AZ -04-004 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 May 25, 2004, at the hour of 7:00 p.m., and Brad Hawkins -Clark for the Planning and Zoning Department, Becky McKay, Kathleen Denny, Nathan Denny, Charles Crane, Dana Borquist, Janet Wilder, Steve Weber, and Bruce Mills, 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 McNELIS SUBDIVISION (AZ -04-004) PAGE 1 OF 23 There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-I5-5 and 11-16-I. 2• The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles I I and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Pian of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. The property which is the subject of the application for annexation and zoning as described in the application, is approximately 34.6 acres in size and is Iocated on the northwest corner of Ustick Road and Ten Mile Road, within Section 34 of Township 4 North, Range I West, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Falcon Creek, LLC, and A. Leon Blaser is an authorized agent for Falcon Creek, LLC, who has provided notarized consent for the subject application. Applicant is Falcon Creek, LLC. The property is presently zoned RUT (Ada County), and there is an existing residence with other outbuildings currently on the site. 6. The Applicant requests the property be zoned as L -O, I -L, and C -G. 7• The subject property is surrounded by the following properties and uses: North: Waste Water Treatment Plant/Idaho Power transmission line/Mini-storage, zoned I -L. South: Single-family homes (Englewood Creek Estates), zoned R-4. East: Single-family homes (Hartford Subdivision), zoned R-4/Single-family home on 75 -acres, zoned RUT (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 2 OF 23 West: Single-family homes on large parcels, zoned R-2. C -N, and RUT. 8. The Applicant proposes to develop the subject property in the following manner: A commercial subdivision with 16 buildable lots and 5 other/common lots. 9. The Applicant requests zoning of the subject real property to L -O (Limited Office), l -L (Light Industrial), and C -G (General Retail and Service Commercial) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use — Waste Water Treatment Plant. 10. The Five Mile Creek and the Nine We Creek are significant natural features that should be protected through standard stormwater and run-off management practices. There are no other significant or scer_ic features of major importance that affect the consideration of this application. 1 i . The City Council recognizes the concerns of neighbors, and the neighboring homeowners association contained in a petition submitted pertaining to this matter. 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 Conditions and Recommendations of the Meridian Planning & Zoning and Public Works Departments as follows: ANNEXATION & ZONING FACTS AND CONDITIONS The submitted legal description appears to meet the requirements of the city of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 3 OF 23 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. A Development Agreement (DA) shall be entered into between the City of Meridian and the property owner(s). The DA shall require that: ® All proposed uses on future lots or parcels that abut Ustick Road and/or Ten Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4, Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat) shall be approved through the Conditional Use Permit process. All principally permitted uses, as defined herein, within lots or parcels that do not abut Ustick Road and/or Ten Mile Road, and that do not abut the Nine Mile Creek (shown as Lots 5-7, Block 2, and Lots 8-9, and 1I-12, Block 1, on the concurrent preliminary plat) shall not require separate Conditional Use Permit approval. ® 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 Certificate of Zoning Compliance (CZC) from. the Meridian Planning and Zoning Department (MCC 11-19-1). Business hours for the I -L and L -O zoned properties shall be limited to 7 am to 10 pm. s The permitted and prohibited use list for each proposed zoning district outlined in the Special Consideration section of this report shall be incorporated into the Development Agreement document. Incorporate into the development agreement language that prohibits convenience stores and gas stations in the C -G zone. 5. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 4 OF 23 B. Adopt the Ada County Highway District's report dated April 2, 2004, which report lists site- specific requirements, conditions of approval and street improvements. C. The applicant shall comply with the requirements and conditions in the corresponding Preliminary Plat, Case No. PP -04-004, D. Adopt the action of the City Council taken at their May 25, 2004 meeting as follows: For clarification: The applicant shall work with the Nampa & Meridian Irrigation District to make sure that the pump station is not located directly across from Mr. Crane's bedroom window. 2. The applicant shall be allowed convenience stores and gas stations in the C -G zone for consideration as conditional uses on the corner of Ten Mile and Ustick Roads. A detailed conditional use permit application would be required for any uses in the proposed C -G zone. Through this process, conditions can be placed on the facilities to minimize impacts on residential properties. 3. The applicant shall provide for the pathway easement for connectivity between the north and south point of the pathway on the northern portion of the property line. 4. The access point onto Ten Mile which is proposed as a right in, right out, as shown on the preliminary plat be eliminated. On the I -L portion of the project, if a contractor yard is constructed, any company vehicles, equipment, and any and all materials, must be either in an enclosed building or behind site obscuring fences during non -working hours, and such shall be located at the rear of the property. 6. A cross -access agreement shall be required between all lots adjacent to the commercial property on the corner. 7. There is a widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACRD Group. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 5 OF 23 Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 13. In Chapter VII of the Comprehensive PIan, the following standards apply to the Mixed Use -Waste Water Treatment Plant (MU-WWTP): o Light, professional office uses ® Flex space uses, including light warehousing ® No new residential uses Limited, small-scale retail uses ® Mini -storage uses ® Unless otherwise permitted by City -adopted incentives, all developments within this designated area will require approval through the Conditional Use Permit process. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to the annexation and zoning application: Chapter IV, Goal I, Objective A, Action item 6 Chapter VTI, Goal IV, Objective A, Action item 4 Chapter VII, Goal I, Objective B Chapter VII, Goal IV, Objective A, Action item 2 Chapter VI, Goal IV, Objective A, Action item 17 Chapter VII, Goal IV, Objective A, Action item S Chapter VII, Goal IV, Objective A, Action item I Chapter IV, Goal II, Objective C, Action item 1 Chapter VII, Goal IV, Objective D, Action item 2 Chapter VI, Goal II, Objective A, Action item 12 Chapter VII, Goal IV, Objective D, Action item 4 Chapter V, Goal III, Objective D, Action item 5 Chapter V. Goal I, Objective A, Action item 11 Chapter V, Goal 1, Objective A, Action item 4 Chapter VI, Goal II, Objective A, Action item 3 It is found with an executed Development Agreement (DA) that restricts future uses on this site, and separate Conditional Use Permit review for future buildings, the requested zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 6 OF 23 designations, I -L, L -O, and C -G, will be harmonious with and in accordance with the 2002 Comprehensive Plan and the MU-WWTP designation. 14. Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat proposing to subdivide the property into lots for future light -industrial, office, and commercial/retail uses (PP -04-004). With the approval of this annexation and zoning, it is not anticipated that the applicant would rezone the subject property in the future. 15. The Comprehensive Plan requires all developments within the MU-WWTP area to obtain Conditional Use Permit (CUP) approval. It is proposed that the City modify this requirement for separate CUP approval for each lot and cover what uses will be allowed and prohibited using a Development Agreement, with separate CUP approval for the lots that abut Ustick Road., Ten Mile Road and the Nine Mile Drain. 16. This area is changing from agriculture and low-density residential uses to more commercial/industrial type uses. There are mini -storage units and an Idaho Power transmission facility directly north of this site. There is a large parcel directly to the west of this site that recently rezoned to C -N (Neighborhood Commercial). The wastewater treatment facility to the north has created questions concerning what uses are appropriate adjacent to the facility. The City has previously determined that limited Iight industrial uses may be appropriate adjacent to the wastewater treatment facility. It is believed that the proposed zoning designations, and future uses on this site will be developed in a fashion similar to what exists and anticipated for this area. Neither Ustick Road nor Ten. Mile Road abutting this site is currently within ACI ID's Five Year Work Program or Capital Improvements PIan (CIP). Other urban services, such as sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MCNELIS SUBDIVISION (AZ -04-004) PAGE 7 OF 23 and water, have been brought near to this site and the applicant should be able to extend such services to the site. There are properties that are currently within the City limits, abutting all four sides of this site. 17. The applicant has noted just one specific user for this site, a mini -storage facility. Detailed development plans (site plan including elevations, landscaping, parking, etc.) have not been submitted for this use, or any other use, at this time. The Development Agreement shall address the appropriate and harmonious uses that would be allowed for the site so that they would be harmonious with the existing and intended character of the area. The existing character of the area will, and is, currently changing, especially upon build -out of the proposed project and other similar projects in the general vicinity of the wastewater facility. It is not found that the proposed zoning/uses will adversely change the essential character of area. It is found that the proposed I -L, L -O, and C -G zones, and subsequent uses allowed with a Development Agreement that are designed, constructed, operated and maintained in accordance with city ordinances and future CUP applications, should be harmonious and appropriate in appearance with the existing character of the vicinity. 18. The Council has received letters, and listened to testimony from near -by property owners, on how the development of this site is critical to the existing quality of life in the area. It is believed that the uses listed within the Special Consideration "A" of the staff report table are not hazardous and will not be disturbing to existing or future neighboring uses. 19. This site has approximately 900 feet of frontage on Ustick Road, and approximately 900 feet of frontage on Ten Mile Road, which are both currently 2 -lane arterial roadways. Neither FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGES OF 23 Ustick Road, nor Ten Mile Road is in the ACHD's Five year Work plan or CIP for roadway widening. The applicant will be required to make improvements (landscaping, sidewalk, auxiliary lanes, etc_) adjacent to Ustick Road and Ten Mile Road. The ACRD Commissioners reviewed and approved this application on March 24, 2003. As part of the ACRD approval, site-specific and standard conditions for development were imposed on the applicant. NOTE: ACED is allowing two driveways, a right-in/right-out and a full -access, on Ten Mile Road. It is recommended that the development construct one driveway to Ten Mile Road. On February 27, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire and police Departments have submitted a list of conditions and needs in order to adequately serve the project. The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 1112-1.C. All of the detailed conditions from the Fire and Police Departments and other agencies/departments are listed within the corresponding application conditions, Preliminary Plat, PP -04-004. Water and sanitary sewer service to this development is proposed to be extended from existing/or mains being installed in adjacent subdivisions. It is found that the property proposed for annexation and zoning can be served adequately by essential public facilities and services. 20. The applicant 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 9 OF 23 the development area will be fire and police services. It is found that 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. It is recognized that traffic and noise will increase with the development of this site; however, it is not believed that the amount generated will be detrimental to the general welfare of the public. It is found that the proposed zoning and subsequent uses allowed with the Development Agreement and, if applicable, a Conditional Use Permit should not be detrimental to people, property or the general welfare of the area. It is not anticipated that the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. 22. Traffic will increase in this area when the site develops. The applicant is proposing two vehicular approaches to Ustick Road and three vehicle approaches to Ten Mile Road to the property. Review of the ACRD report for this project will provide additional information. 23. The Five Mile Creek and Nine Mile Creek are immediately adjacent to the site. The applicant is proposing to leave both the Five Mile Creek and the Nine Mile Creek open and construct a 10 -foot wide multi -use path along both creeks. It is found that the Five Mile Creek and the Nine Mile Creek are significant natural features that should be protected through standard stormwater and ran -off management practices. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 10 OF 23 24. It is found that the annexation of this property would be in the best interest of the City for the following reasons: increased commercial land base available to future developers; ® increased property tax revenue; ® municipal services are available to the area; and ® application substantially complies with the Comprehensive Plan. It is also found that, based upon the fact that specific uses are not proposed at this time, it is difficult to fully determine "best interest" factors. However, the CUP process does grant the City a fairly high degree of design and use review authority when specific uses are proposed. ANNEXATION & ZONING SPECIAL CONSIDERATIONS A_ Development Agreement: According to the current Comprehensive Plan, all developments within the MU-WWTP area require approval through the Conditional Use Permit (CUP) process. Staff is proposing that the City modify this requirement for separate CUP approval for all uses in this development, and cover what uses will be allowed and prohibited using a Development Agreement. Separate CUP approval for only the lots that abutting Ustick Road, Ten Mile Road and the Nine Mile Creek should be required. Staff believes that this modification will allow the City to control design and use issues required by ordinance, while allowing the proposed uses to bypass the public hearing process. This makes the process of pulling building permits more efficient for the developer(s) and the City. Below is the proposed list of allowed and prohibited uses for each zone*: I -L Zone: Permitted Uses-* Animal Hospital/Kennel Automobile Repair Shop/Garage/Wash Automobile Service Station Construction Businesses: Contractor's Yard; Sheet Metal Shop; Roofing Shop; Sign Painting Shop; and Indoor/Outdoor Storage Yards Crematorium* * * FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 11 OF 23 Drive-in Theatres; Drive-in Establishments*** Dry Cleaning* Flex Space: Office/Warehouse Mix Greenhouses, nurseries Laboratories (Medical, Dental, and Optical) Laundries, commercial Mausoleum* * * Medical Research Facilities Molded Plastic Products Mortuary* * * Newspaper and Priting Establishment Parks and Plazas Pharmacy (drive-thru requires CUP approval) Printing, Lithography, Publishing and Associated Reproduction (exclusive of Paper Manufacturing) Public & Quasi -Public Uses (as defined in the Meridian Comprehensive Plan) Radio and Television Stations (except exterior communications facilities districts) Recycling Plants' * * Sales: Building Materials; Hay, Grain, etc., Bulk Garden Supplies; Machinery Seed and Garden Supply All uses Iisted in MCC 11-8-1 as "Permitted Use" in the I -L zone, except: Prohibited Uses Asphalt and Concrete Automobile Wrecking Yard and Storage Fuel Yards Junk Yards Lumber Yards Mobile Home Manufacturing Outdoor Entertainment Centers Railroad Yards and Shops Restaurants Retail Stores Sales Lots (Auto, Recreation, Agricultural, etc.) School --- Private Solid Waste Transfer Stations Truck Stop L -O Zone: Permitted Uses** Bakery Stores Clubs and Lodges FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 12 OF 23 Dry Cleaning*** Garage, public Greenhouse, nursery Laundromat (self-service)"* Nursing Home and Sanitariums^ * * Public Parking Lot Public and Quasi -public (as defined in the Comprehensive Plan) Radio and T.V. Research Facility Technical School"* Veterinary Clinics and Hospitals All uses listed in MCC 11-8-1 as "Permitted Use" in the L -O zone, except: Prohibited Uses Apartment Houses Childcare Center Convenience Store Department Store Drive-in Theatre, Drive-in Establishment Family Childcare Home Group Childcare Home Hospitals Hotels Motels Multi -family Dwellings Nurseries and Daycare Centers School — Private, Public C -G Zonexx**. Permitted Uses** All uses listed in MCC 11-8-1 as "Permitted Use" in the C -G zone, except: Prohibited Uses Bars, Alcohol Establishments Contractor's Yard Entertainment Centers, Outdoor Lumber Yard Nursing Homes and Sanitariums Truck Stops This list is not an exhaustive inventory of all possible uses. vVhen/if a use is proposed that is not specifically listed, such use shall be hereby expressly FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -44-004) PAGE 13 OF 23 Prohibited unless by application and authorization it is determined by the Planning and Zoning Administrator that said use is similar to and compatible with a listed permitted use. Such uses) may then only be permitted as a conditional use, regardless of the proposed site location. _ A use listed as a permitted use in any zone will require CUP approval if it is proposed on Lots 2, 3, and 4, Block 2, and Lots 1-5, and 7, Block I. CUP approval is required, regardless of the proposed site location. YYy All uses within the C -G zone require CUP approval. In August of 2002, the City Council adopted the current Comprehensive Plan and Future Land Use Map, which created the MU-WWTP designation for the area around the wastewater treatment facility. The primary reason for creating the MU -W WTp designation was to minimize any possible negative impacts the wastewater facility may create upon residents and businesses in the area. The City does receive complaints from residents about odors, especially during sludge transport. This is the only planned treatment facility in the city and its operations are expected to expand in the future. Historically, the question of "compatible" uses in this area has been a difficult one to determine. The term "compatible" is not defined in the Zoning Ordinance and is usually determined Iargely through the public hearing process. Ultimately the Commission and Council must establish the parameters for compatibility with zoning and comprehensive plan designations. On August 6, 2002, the City Council denied a request for annexation and zoning to I -L for this site. Concurrent with the annexation and zoning request, the applicant was proposing to subdivide the property into 12 buildable lots (Utility Subdivision). This project was denied because the anticipated uses proposed for that site, a school bus facility and a solid waste transfer station were not found to be light industrial uses and the development had too much potential to negatively impact the surrounding neighbors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 14 OF 23 area: Following is a general breakdown of the acreage and current uses within the MU-WWTP Of the 292 acres available for development, approximately 40 acres is tentatively designated as future school district property (Quenzer property), leaving a balance of approximately 250 acres available for non-residential uses. Most warehousing, light industrial and flex -building uses are more land -intensive than retail and office and typically have lower floor -to -area ratios. Meaning that these uses, as well as the anticipated uses that will be allowed on this site, will not have as many buildings/users as other people -intense uses. Based on previous City action in this area, it is important to not compromise the ability of fixture development to comply with the existing Comprehensive Plan; reducing human exposure to odors and discouraging new residential in close proximity to the WWTF. 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 economic welfare of the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 15 OF 23 rR development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 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 Iies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter IV, Goal I, Objective A, Action item 6 Chapter VII, Goal IV, Objective A, Action item 4 .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 16 OF 23 Chapter Vii, Goal 1, Objective B Chapter VII, Goal IV, Objective A, Action item 2 Chapter VI, Goal IV, Objective A, Action item 17 Chapter VII, Goal IV, Objective A, Action item S Chapter VII, Goal IV, Objective A, Action item 1 Chapter IV, Goal 11, Objective C, Action item I Chapter VII, Goal IV, Objective D, Action item 2 Chapter VI, Goal II, Objective A, Action item 12 Chapter VII, Goal IV, Objective D, Action item 4 Chapter V, Goal III, Objective D, Action item 5 Chapter V. Goal 1, Objective A, Action item 11 Chapter V, Goal 1, Objective A, Action item 4 Chapter VI, Goal II, Objective A, Action item 3 The zoning of (L-0) Limited Office, (C -G) General Retail and Service Commercial, (I -L) Light Industrial are defined in the Zoning Ordinance at § 11-7-2 G, K, and N as follows: (L-0) Limited Office District: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. (C -G) General Retail and Service Commercial: The purpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. Y -L Light Industrial District: The purpose of the I -L Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens 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 objectionable elements, such as noise, odor, dust, smoke or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 17 OF 23 glare and that are operated entirely or almost 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 District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. Uses incompatible with light industry are not permitted, and strip development is prohibited. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Cily of Idaho Falls 105 Idaho 65, 665 Ptd 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately 34.6 acres to Limited Office (L -O), General Retail and Service Commercial (C -G), and Limited Office (L -O) are granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 34.6 acres. The legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 18 OF 23 shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Adopt the Conditions and Recor=endations of the Meridian Planning & Zoning and Public Works Departments as follows: ANNEXATION & ZONING FACTS AND CONDITIONS 1. The submitted Legal description appears to meet the requirements of the City of Meridian. and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed in accordance with City cf Meridian ordinances in effect at the time of development. 4. A Development Agreement (DA) shall be entered into between the City of Meridian and the property owner(s). The DA shall require that: All proposed uses on future lots or parcels that abut Ustick Road and/or Ten Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4, Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat) shall be approved through the Conditional Use Permit process. All principally permitted uses, as defined herein, within lots or parcels that do not abut Ustick Road. and/or Ten Mile Road, and that do not abut the Nine Mile Creek (shown as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the concurrent preliminary plat) shall not require separate Conditional Use Permit approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNEL1S SUBDIVISION (AZ -04-004) PAGE 19 OF 23 ® 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 Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). Business hours for the I -L and L -O zoned properties shall be limited to 7 am to 10 pm. ® The pen-nitted and prohibited use list for each proposed zoning district outlined in the Special Consideration section of this report shall be incorporated into the Development Agreement document. Incorporate into the development agreement language that prohibits convenience stores and gas stations in the C -G zone. 5. 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. B. Adopt the Ada County Highway District's report dated April 2, 2004, which report lists site- specific requirements, conditions of approval and street improvements. C. The applicant shall comply with the requirements and conditions in the corresponding Preliminary Plat, Case No. PP -04-004. D. Adopt the action of the City Council taken at their May 25, 2004 meeting as follows: For clarification: 1. The applicant shall work with the Nampa & Meridian Irrigation District to make sure that the pump station is not located directly across from Mr. Crane's bedroom window. 2. The applicant shall be allowed convenience stores and gas stations in the C -G zone for consideration as conditional uses on the comer of Ten Mile and Ustick Roads. A detailed conditional use permit application would be required for any uses in the proposed C -G zone. Through this process, conditions can be placed on the facilities to minimize impacts on residential properties. 3. The applicant shall provide for the pathway easement for connectivity between the north and south point of the pathway on the northern portion of the property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 20 OF 23 4. The access point onto Ten Mile which is proposed as a right in, right out, as shown on the preliminary plat be eliminated. 5. On the I -L portion of the project, if a contractor yard is constructed, any company vehicles, equipment, and any and all materials, must be either in an enclosed building or behind site obscuring fences during non -working hours, and such shall be located at the rear of the property. 6. A cross -access agreement shall be required between all lots adjacent to the commercial property on the corner. 7. There is a widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACRD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L -O) Limited Office, (C -G) General Retail and Service Commercial, and (I -L) Light Industrial Districts, and Meridian City Code § 11-7-2. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 21 OF 23 AND RIGHT TO REGULA'T'ORY 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 he 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 ac -tion of the City Council at its regular meeting held on the day of 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED COUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED a—' MAYOR TAMMY de WEERD (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 22 OF 23 DATED:_ e� — 4-1,) MOTION: APPROVED, DISAPPROVED: Attest: William G. Berg, Jr., City Copy served upon Applicant, the the City Attorney. Weerd EAE 70 �? 'lannirf,rangrlg D% lment, Public Works Department and By. City Clerlc Z-AWorM"eridianWeridian 15360NMeNelis AZ -04-004 PP-04-0041AZFfC1&0rdrr.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING McNELIS SUBDIVISION (AZ -04-004) PAGE 23 OF 23 July 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 13, 2004 ITEM NO. 5-F REQUEST Montvue Sewer and Water Extension Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of The City of Meridian. City of Meridian City Clerk office VW4-,,- - Ire-. To: William Berg, Jr.; Tara Green From: Clint Dolsby CC: Brad Watson; Gary Smith Date: 07/07/2004 Re. Proposed Agenda Item for July 13, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 13 City Council agenda, under Consent Agenda, for Council's consideration: Montvu_eSewer and Water Extension Project. Riedesel & Associates, Inc. has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $18,000. Riedesel and Associates, Inc, is on our Consultant Roster Selection list for Fiscal Year 2004 Small Water Pipeline and Appurtenance Projects. This project consists of engineering services for the preliminary and detailed design of 160 LF of 8" water main, 290 LF of 8" sewer pipe including boring underneath Eagle Road, miscellaneous valves, fittings, appurtenances, and surface restoration. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Montvue Sewer and Water Extension Project with Riedesel and Associates, Inc. for $18,000 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 A � , IAC. June 29, 2004 Mr. Clint Dolsby, P.E. Staff Engineer City of Meridian + 660 E. Watertower, Suite 200 Meridian, ID 83642 RE: Design•and Construction Engineering Services, Montvue Sewer and Water. Extension Project Dear.Mr. Dolsby: As requested, we. are submitting this proposal for design and limited construction engineering services for the referenced project. As.identified through our discussions, the Scope of Services has been developed to provide:' Limited Topographic Surveys Geotechnical. Evaluation (Optional) Preliminaiy'Service' Evaluation Plans, Specifications and Estimate . • Agency Submittals" • Assistance with Bidding and, Construction Management i Record Drawings Project Description The Montvue Sewer and Water Extension Project consists of h0t4apping the exisling 12" waterline adjacent to Eagle Road and, extending an 8" diameter waterline approximately 160 LF to serve the residence at 3250 N.. Montvue Drive. This waterline may eventually serve the entire Montvue Subdivision. However, in the short term, a blow off valve will be installed at the end of the waterline, along with:a service "line and water meter to serve the residence. The actual connection from the water meter to the residence will be the adjacent owner's responsibility:, Additionally the project includes constructing approximately 290 LF of 8" diameter sewerline . and a boring across Eagle Road, along with -extending a sewer service to the Right -of Way adjacent to the saine residence as. the proposed waterline. The sewer line design will also all for fixture expansion to .serve the remainder of the Montvue Subdivision - The City of Meridian will coordinate with the adjacent property owner to ensure that the service connections are completed in conjunction with the service stubs provided as part of this project. 1311.E. Franklin Road, Suite 106 # Meridian, Idaho 83642 Phone 208/898-9165 s meridian@riedeseleng.com 8 Fax 208/898.9166 Mx. Clint Dolsby, P.E. City of Meridian June 29, 2004 Page 2 The Design and Specifications will follow the City of Meridian Standard Specifications and Drawings, as well as the City's Bidding and Constriction process as discussed in more detail in the Scope of Services listed below. Scope of Services A. Design 1. Pre -design Meeting Within ten days of the Notice -to -Proceed Riedesel & Associates will schedule a pre -design meeting with the City's Agreement Administrator, Idaho Transportation Department, (ITD), Ada County Highway District (ACRD) and Idaho Department of Environmental Quality (IDEQ). The.purpose of this meeting will be to identify any -project specific issues and concerns of the review agencies, .as well as to confirm the`subrnittal and review process for the project. 2. •Field Surveys This Scope of Services assumes that digital mapping is available for use in designing the pxoject. However, based on the level of nap'ping, some additional surveying will be required. Therefore, Riedesel & Associates will complete the following limited surveys: Existing ground and pavement elevations at either side of the Eagle Road Crossing: • Existing ground. and pavement elevations adjacent to,:the proposed sewer manhole location on N. Montvue Drive. • Low points of the Snyder Lateral street crossings. • Existing ground and pavement elevations at the remote residences of the Montvue Subdivision. Other utility locations (phone, power, gas, -etc.). This item also includes providing up to four construction'controlgoints for use by the .Contractor during construction. 3. Evaluation of Geotechnical Conditions (optional) Based on our understanding that the City does not have any geotechnical information adjacent to the Eagle Road Crossing, this "item includes using a. geotechnical subconsultant (Kleinfelder, Inc.), to complete two borings to evaluate the existing soil conditions, bearing capacity of soil (for use by boring contractors) as well as water table elevations. The subeonsultazat will provide a Mr. Clint Dolsby, P.E. City of Meridian Tune 29, 2604 Page 3 memo report with the soil logs, -soils information and soil bearing capacity for inclusion in the Plan and Specifications. 4. Environmental Evaluations Itis anticipated that no environmental work will be encountered on this project. If any work is required, additional services will be negotiated. 5. Preliminary Service Evaluation . This task includes preparing a preliminary layout for future extension.of the sewer and waterline to serve the remainder of the Montvue Subdivision.. I Specifically, this task will evaluate the maximum allowable elevation to serve the development and minimize the sewer. depth, as well as providing for future water line loops "to eliminate the need for future blow off valves and'xnirniinize the size of th.eTuture waterline: .6. Plans, Specifications and Estimates Prepare plans (22" x 34','), -specifications, bid docurnents and permit applications (ITD and 'ACHD, as,well as the IDEQ review submittal) for contractor construction including the following items, as required: • Prepare Triangular Irregular Network (TIN) - * Roadway Plans 1. Title Sheet and Gezieral Notes (1 sheet) 2. Plan/Profile (l sheet) 3. Typical Section and Details (2 sheets). 4. Construction Traffic Control .(1 sheet) Owner. Review + Agency Review (IDEQ) • Crossing Permits (ITD & ACHD) B. Bidding Act in advisory capacity to: • Provide addenda and clarifications as necessary • Review bids for compliance with Bid Documents Mr. Clint Dolsliy, P.E. City of Meridian June 29, 2004 Page 4 C. Construction L Observation: Furnish general observation at intervals appropriate to the various stages of construction: confirming Contractor and City supplied information including, at a minimul"n, the following: • Construction staking • Excavation - - - • Pipe bedding • Backfill • Thrust blocks. • Manhole bases - - - - • Pipe and manhole joints Manhole rim and grade rings • Surface restoration. 2. Record Drawn'gs: Prepare record'drawings based on Contractor submittals, City observation reports, as well .as data obtained by Riedesel staff from the periodic observation of the project . These record drawings will be supplied to the City and the reviewing -agencies (IDEQ, ITD & ACHD) as required. The cost of these services; developed from the previously submitted labor estimate (attached), will be as follows:' Design, LumP Sum .$13,400 Bidding, Time & Materials, -estimated at $ 1,200 • " Construction. Time & Materials estimated at $ 3,400 Total $18,000 _ The schedule'will be in accordance with the Critical Path Diagram (attached). However, the schedule may need adjustment, during the project, due to items outside our control (i. e. agency rev{ews, permitting, etc.). In accordance.with our discussions, our involvement in the following items is not anticipated and is specifically excluded from the proposal: • Public information. meetings, local resident contacts -or other public information activities.. Mr. Clint Dolsby, P.E. City of Meridian June 29, 2004 Page. • Quality assurance field testi g and lab work. Negotiations with property owners for additional right-of-way, removal of encroachments or construction easements. • Negotiations with utility companies for relocations or other issues. • Negotiations necessary with irrigation districts, ditch riders or irrigation users for the relocation, modification or adjustment of facilities. If work in these areas is requested by the City, additional services will be negotiated ` Thank you for your consideration of this proposal. If you ha-ve.questions. please call me at 898-916 Sincerely, s. Riedesel & Associates, Inc. Stel en F. Freiburger, P.E. Project Manager SFF:ckc encl. Mr. Clint Dolsby, P.E. City of Meridian June 29, 2004 Page 6 ACCEPTANCE OF PROPOSAL AND NOTICE TO PROCEED The above proposal and attached terms and conditions are understood and accepted. Client: City of Meridian Consultant: Riedesel & Associates, Inc. By: By: Tammy de Weerd, Mayor -Stephen F. Freibu, P.E., Project Manager Attested by: William G. Berg, Jr., City Clerk Approved by City Council: Riedesei & Associates, Inc. -- TERMS AND CONDITIONS - GENERAL ENGINEER shall provide the CLIENT professional engineering and/or land surveying services in all phases of the Project to which this Agreement applies. These services will include serving as CLIENT's professional engineering or land surveying representative for the Project, providing professional consultation and advice in accordance with the generally, accepted professional practices for the intended use of the Project and makes no other WARRANTY EITHER EXPRESSED OR IMPLIED. ENGINEER shad not be responsible for acts or omissions of any party involved in the services covered by this Agreement other than their own or for failure of ' any contractor or subcontractor to construct any item in accordance with recommendations issued by ENGINEER. ENGINEER has not been retained to supervise, direct or have control over contractor(s) work nor shall ENGINEER 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, ENGINEER 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. In soils investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test points and sample intervals. ENGINEER will coordinate this work in accordance with generally accepted practices of the professional services being provided and makes no other WARRANTY EXPRESSED OWIMPLIED, or as to the professional advice furnished by others. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and materials basis in addition to.any other payment provided in this Agreement. OPINIONS OF COST Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor(s)' method of determining prices, or over competitive bidding or market conditions. ENGINEER's opinions of probable Total Project Costs and Construction Costs provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional ENGINEER, familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Projector Construction Costs will not vary. from opinions of probable costs prepared by ENGINEER If the CLIENT wishes greater assurance as to Total Project or Construction Costs, CLIENT shall employ an independent cost estimator. ENGINEER's services to modify the Project to bring the Construction Costs within any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT. REUSE OF DOCUMENTS All documents and magnetic media including Drawings and Specifications prepared or furnished by ENGINEER -pursuant to this Agreement are instruments of service in respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. Any use without written verification or adaptation by ENGINEER for the specific purpose intended will beat CLIENTS sole risk and without liability or legal exposure to ENGINEER and CLIENT shall indemnify. and hold harmless ENGINEER from all claims damages, losses and expenses arising out of or resulting therefrom. CONTROLLING LAW The Agreement is to be governed by the law of the State of Idaho, principal place of business of ENGINEER. SUCCESSOR AND ASSIGNS CLIENT and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives of such other party in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and ENGINEER and not for the benefit of any other party, TIMES OF PAYMENT ENGINEER shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt rponthly payments. if CLIENT fails to make any payment due ENGINEER far services and expenses within ten (30) days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased'at the rate of 1% per month from said tenth day, and in addition, ENGINEER may, after giving ten day's written notice to CLIENT, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If this Agreement is terminated by either party, ENGINEER will be paid for services rendered and for Reimbursable Expenses incurred to the date of such termination plus an allowance for demobilization costs as determined by ENGINEER. RISK ALLOCATION The CLIENT agrees that the limit of ENGINEER's liability for any negligent acts, errors, or omissions relating to or brising out of the project shall not exceed the total aggregate sum of $300,000.00 or the ENGINEER's total fee for the services rendered on this Project, whichever is greater. This limitation to apply to CLIENT and all contractors or subcontractors on the Project. The CLIENT agrees to require all contractors to execute an agreement limiting the ENGINEER'S liability in accord with. the provisions of this paragraph. HAZARDOUS WASTE AND ASBESTOS In consideration of the unavailability of professional liability insurance for.services involving or related to hazardous waste elements of this Agreement, or for the removal or encapsulation of asbestos, it is further agreed that the CLIENT shall indemnify and hold harmless ENGINEER and their consultants; agents and employees from and against all claims, damages, losses and expenses direct and indirect, or consequential damages, including but not limited to fees nd a charges of attomeys-and court, mediation or arbitration costs, arising out of or resulting from the performance of the"work by ENGINEER, or claims against ENGINEER related to hazardous waste or asbestos activities. MEDIATION BEFORE LITIGATION No action or lawsuit shall commence nor recourse to a judicial forum be made (hereinafter "litigation") until CLIENT, ENGINEER, and/or other Parties of Real Interest have commenced, participated in and concluded nonbinding mediation, pursuant to the rules of mediation. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses, including attorney's fees as may be set by the Court. EXTENT OF AGREEMENT The Agreement represents the entire and integrated agreement between the CLIENT and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and ENGINEER. City of Meridian Montvue Sewer & Water Extension Project Labor --Day Estimate Jul '04 JAug'04 Sep '04 Oct '04 iNov'04 Doc '04 Total ENGINEERING SERVICES I i Notice -to -Proceed ; I DESIGN I I I I Pre -Design Meeting 0.75 dys 0.75 dys PROJECT ENGINEER 0.5 dys ( I 0.5 dys SECRETARY 0.25 dys I 0.25 dys E€eld Surveys 1.5 dys 1.5 dys PROJECT ENGINEER 1 dy 1 dy TECHNICIAN 0.5 dys 0.5 dys Geoteehn€cal Evaluation 0.75 dys 0.75 dys PROJECT ENGINEER 0.25 dys 0.25 dys TECHNICIAN 0.5 dys 0.5 dys Preliminary Service Analysis 1.5 dys i .5 1.5 dys PROJECT ENGINEER 0.5 dys I dys TECHNICIAN 'I dy i 1 dy Plans, Specifications 8 Estimate 1 dy 9 dys ' 10 dys PROJECT MANAGER 0.1 dys 0.9 dys 1 dy PROJECT ENGINEER 0.2 dys 1.8 dys ; 2 dys TECHNICIAN 0.4 dys 3.6 dys j 4 dys DRAFTER 0.2 dys 1.B dys i 2 dys SECRETARY 0.1 dys , 0.9 dys I 1 dy Owner Review 1 dy j j 1 dy PROJECT ENGINEER 0.25 dys J j 0.25 dys TECHNICIAN 0.5 dys I 0.5 dys SECRETARY 0.25 dys I i 0.25 dys Agency Reviews 0.65 dys 0.35 dys I Id PROJECT MANAGER 0.16 dys 0.09 dys 0.25 dys PROJECT ENGINEER 0.33 dys 0.18 dys 0.5 dys SECRETARY i 0.16 dys 0.09 dys j 0.25 dys BIDDING I i Initial Advertisement (by City) j 1 dy 1 dy Bidding period1 1 dy PROJECT ENGINEER 0.5 dydys 0.5 dvs TECHNICIAN 0.25 dys 0.25 dys SECRETARY 0.25 dys 0.25 dys Bid Opening (by City) i1 dy 1 dy Meridian BID OPENING 1 dy 1 dy Award -Construction Notice -to -Proceed (by City) 0.15 dys 0.6 dys 0.75 dys PROJECT ENGINEER 0.1 dys 0.4 dys 0.5 dys SECRETARY 0.05 dys 0.2 dys 0.25 dys CONSTRUCTION I I I Observation I 2.55 dys 1.95 dys 1 4.5 dys PROJECT ENGINEER I 0.57 dys 0.43 dys j 1 dy TECHNICIAN 1.7 dys 1.3 dys j 3 dys SECRETARY 0.28 dys I 0.22 dys ' 0.5 dys Record Drawings j 0.7 dys 0.3 dys 1 dy PROJECT ENGINEER 11 0.35 dys ` 0.15 dys 0.5 dys TECHNICIAN 0.16 dys 0.08 dys 0.25 dys SECRETARY 0.18 dys 0.08 dys 0.25 dys Project Calendar Days j Total 5.5 dys i 11.65 dys I 2.5 dys j 3.15 dys i 2.65 dys 0.3 dys 25.75 dys Riedesel & Associates, Inc. Tenn Agreement -ib 1 Of 1 6129104 Cl) C%4 C%1 O --------------- ---------- ----------------------- CN SD Lr) > 0 C, ----------------------- ----------------- IU'> CO 0 --------------- ------- r 2b - to co - ----- --------- ------ ---------- -- co c N CA C4 co O ------------ ---------- -- (D 04 Of 0, co cc ------ : -- --------------- ---- 42) O 0 C3 M C) C3 O 0 CD O C) cz:, M 0 0 0 0 C) a C) 0 O O p p O O 0 ID CS CD a C3 CD 0 C) OCD 0 Oa CD CD C, " CD C) C3 0 (D O d C) n 6y 0 C) C) a C) 63 M (D C) (D M N t-- Ln 'tr m m M V1 Ce; : C6 69L 44 69- G.) 6% (a 4a CA V). 60). M t3 a -0 M �: bg -0 �o >� >1 0 I O cn. co co Lo N. LO 0 CN .;r w co LO 0 CD a -V cp N Cc Q 0 CS CD < E 'n a co T E E CL 0) _LD fr_ 0 - —Sa 0 CL F -(U L :3 to L) =0 EL a) U) or: LU 0 ..... .... CD CD (n -Ne U 10 ED 0 0 0 E co L In 2. CL CL 0 -0 E N _LD 0 0 0 o vg� -V N Q 0 CS CD < 4) 'n a co T -2 E AD tmE fr_ 0 - —Sa 0 F -(U L :3 to Q 0 CS U) U) v E < 0 < 4) ca ai E AD A fr_ July 9, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING July 13, 2004 APPLICANT Mayor's Office ITEM NO. ID -A- I REQUEST Economic Development Coordinator AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See aftcched Date: Phone: Cheryl A. Brown 2528 Crooked Creek Way Meridian, ID 83642 June 20, 2004 Mayor Tammy de Weerd 33 E. Idaho Avenue Meridian, ID 83642 Dear Mayor De Weerd: In today's highly competitive and fast -paced market, cities need strong and aggressive economic leadership to meet ever-changing business development goals. I am certain I can contribute this level of performance to your team, and I invite you to consider my qualifications and accomplishments: ✓ Experience — 20 + years of productive regional consulting management, coupled with a track record of successfully directing businesses through city process development approval. ✓ Results — Acknowledged for successful 8 million dollar a year construction/development business. ✓ Performance — Recognized as a top consultant, recipient of numerous commendations. I am an accomplished construction/development strategist and solution oriented manager who thrives in challenging, fast paced environments where my performance directly impacts the bottom line. In addition, I have solid organizational leadership and decision — making skills that can make an immediate contribution to your operations and business development. Currently, I am seeking a position where I can continue to uphold strong sales and performance standards in economic development. As a member of your management team, I am confident that my innovative and results — focused approach would make a significant contribution to the continued success of Meridian. My resume is enclosed for your review and consideration. I would welcome the opportunity to speak with you regarding opportunities you have available currently or in the future. Sincerely, Cheryl . Brown Enclosure Cheryl A. Brown 2528 Crooked Creek Way Meridian, ID 83642 (208) 888-7319 SUNEV ARY: I am a dynamic administrator with a strong record of achievement combining skills in diverse areas of organizational development, group/staff leadership, program development, building partnerships and community relations and project management. I am experienced in the operation of a successful 8 million dollar a year construction business, an independent small business and the administration of several non- profit organizations. I am highly motivated and intuitive, effective at human relations, and able to manage both time and resources to maximize productivity. I understand the course necessary to advance the application process as a developer/contractor and as a business owner. I recognize the potential problems a new business owner might encounter. I have experience directing businesses through the processes of obtaining permits and obtaining Planning and Zoning and City Council approval. Having served on the Mayor's Transition Team, I understand the operative process of the Public Works Department, Parks and Recreation and how to involve youth. I have built relationships with city Department Directors and several staff members. My strengths are understanding business needs, coaching to provide direction and research based consultation. Building coalitions between the City of Meridian and employers of the community will advance the establishment of Meridian as the place to do business in the Treasure Valley. MAJOR CAREER RESPONSIBILITIES ➢ Operations and administration ➢ Strategic planning ➢ Development of organizational policies and operational protocols ➢ Budget development and financial management ➢ Program development and evaluation ➢ Implementation of operating and accounting systems ➢ Creation and management of funding projects ➢ Design of regional conferences, workshops and training programs ➢ Building coalitions and strategic partnerships ➢ Professional writing (newsletters, speeches, proposals, manuals, and journal articles) ➢ Staff hiring, training, supervision, evaluation, and motivation ➢ Vendor selection and contract negotiations ➢ Capital equipment acquisition CAREER HISTORY AND SELECTED ACHIEVEMENTS: Co -Owner Brown Construction Inc. 1982 - present ➢ An 8 million dollar a year construction business managing 25 employees. Our business installs commercial and residential underground utility lines, operates a gravel pit and has been involved in property development. I have consulted with business owners on city ordinances and processes. Owner Lamee Agency 1988-2003 ➢ I have represented, trained, and managed men & women locally and nationally. In addition, I have developed curriculum, advertising, productions and fundraising. Meridian School District Test Administrator 1999 — present ➢ I initiate scheduling, consulting, communicating with administrators, and administer state required testing. I review and revise testing before it is put into practice in the school district. Estimated Work Plan I will create a current business directory for the city of Meridian and oversee any new business applications. I would design a top notch economic development website linked to the City of Meridian and the Meridian Chamber of Commerce websites. I will develop with the help of Boise State University students a telecom assessment for Meridian. This study would determine the fiber optic infrastructure needed to support a technology — based economy. This project is relevant to the future of economic development for Meridian. I will report the findings to the Meridian City Council after the assessment has been completed along with other economic development concerns. I will develop a better working relationship between the Meridian Chamber of Commerce and the city to enhance our business retention and expansion programs. Together I would like to create a more attractive and informative presentation that would be available for potential businesses. I will take a proactive approach to economic development with our State Representatives and Senators by attending legislative sessions that deal with issues that Meridian faces now and for the future. After surveying the local business community I would provide seminars, fairs, special events and or training as needed. I will continue to participate in the Idaho Economic Development Association Conferences to network with other cities, universities and businesses that will serve our community and build. partnerships. I would be an available resource to support new and established businesses in Meridian. References Lori Jones — Investments Resources of America Phone 208-887-1786 Nancy Bergmann — MEL Economic Development Phone 208-526-1375 Rick Ritter -- Boise State West Campus Economic Development Phone 208-126-6613 Available upon request, a list of Meridian businesses, developers and contractors with whom I have an established working relationship. CITY OF MERIDIAN REQUEST FOR QUALIFICATIONS FOR ECONOMIC DEVELOPMENT COORDINATOR The City of Meridian, Idaho is requesting interest and qualifications for a contract position as an Economic Development Coordinator (EDC). Qualified individuals are invited to submit an interest statement with the requirements as outlined in this offering. Proposals are submitted to Mayor Tammy de Weerd, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho 83642 no later than by 5:00 pm MST on Monday, June 21, 2004. More specific information may be obtained by contacting the Mayor's Office at the address above, or by contacting Tammy de Weerd, Mayor, at e-mail address of deweerdt[a)_meridiancity.org or at (208) 888-4433. All submittals must be signed and dated. Faxed submittals will not be accepted. Any submittal may be withdrawn prior to the scheduled time for submittal of the statement or authorized postponement thereof. All submittals will be governed by the Idaho Public Records Act. The City of Meridian reserves the right to reject any or all submittals, to waive any irregularities in the submittals received, and to accept the submittal deemed most advantageous to the best interests of the City. The City also will consider whether the proposer is a responsible proposer. DATED this 1st day of June, 2004. Attested: Tammy de Weerd, Mayor City of Meridian, Idaho William G. Berg, Jr., City Clerk Publishing Dates: June 7th and 14th, 2004 CITY OF MERIDIAN REQUEST FOR QUALIFICATIONS FOR ECONOMIC DEVELOPMENT COORDINATOR Introduction The City of Meridian, Idaho (City) and Mayor is seeking interest and qualifications for a contract position as Economic Development Coordinator (EDC) to perform duties as described in Appendix A (Scope of Work). Qualified firms or individuals (Submitters) are invited to submit an interest statement with the requirements as outlined in this offering. Any submittal may be withdrawn prior to the scheduled time for submittal of the statement or authorized postponement thereof. All submittals will be governed by the Idaho Public Records Act. Please mark the sealed envelope or box in which the submittal is presented: CITY OF MERIDIAN - ECONOMIC DEVELOPMENT COORDINATOR and deliver to: Mayor Tammy de Weerd City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 ALL SUBMITTALS MUST BE SIGNED AND DATED. FAXED SUBMITTALS WILL NOT BE ACCEPTED. After submittal, clarifications will be accepted if made in writing and provided at least 2 business days prior to the deadline for submittal. Any inquiries or requests for clarification shall be made to: Mayor Tammy de Weerd deweerdt@meridiancity.org. (208) 888-4433 THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL SUBMITTALS, TO WAIVE ANY IRREGULARITIES IN THE SUBMITTALS RECEIVED, AND TO ACCEPT THE SUBMITTAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTERESTS OF THE CITY. THE CITY ALSO WILL CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER. RFQ 12004 — Economic Development Coordinator— Page 1 of 4 Background and Need The City of Meridian is a rapidly growing city, with a population in 1990 of 9,596 and today 47,800. According to the Hudson Marketing Strategy report the projected population over the next 10 years will be 64,000 and within 20 years will be 80-100,000. In order for the City to maintain and expand the infrastructure and level of service to support its rapid rate of residential growth, business growth is needed to support needed infrastructure and services. The City currently does not have a coordinated, full-time economic development effort to handle inquiries from potential business interests or other business-related issues. Furthermore, there is no tracking or follow-up process of inquiring businesses, business inventory process, nor a plan for business retention and expansion. The City of Meridian desires to attract new commercial / office developments as well as enhance business relationships and strengthen business retention within the City of Meridian and cooperate with regional efforts. Meridian has significant potential for commercial, retail, office, housing, entertainment, and hotel development, given its proximity to the Interstate and several state highways and its central location, strategically situated in the Treasure Valley. Elements of the Economic Development Coordinator Expectations, The EDC would develop, implement and coordinate business expansion, relocation, and develop programs for business retention, expansion and attraction. The focus would be to facilitate a seamless development and application process, provide information of business, financial, and partnership programs to benefit business, communicate internally and externally infrastructure demands to meet business needs, nurture and maintain business relationships for a healthy business climate, and work locally and regionally on marketing efforts. Scope of Services The EDC shall perform the necessary services as described on "Appendix X attached. The EDC services shall be performed in accordance with the schedule described on "Appendix A". The successful submitter shall be required to enter into a contract for services with the City, the terms and RFQ / 2004 — Economic Development Coordinator— Page 2 of 4 conditions to be negotiated after award. Failure to reach agreement can be the sole consideration to reject the submitter and consider other submissions. The value of the contract will be based on experience and the submittal as required by this RFQ, but shall not exceed $40,000 for an annual contract. Contract date will run on budget year basis from October 1 st to September 30th; renewable annually. The initial offering will be for the remainder of the budget year, or until September 30, 2004. The position shall not be an employee of the City of Meridian. The position shall not be entitled to any benefits of the City of Meridian other than those expressly stated by the Agreement. The City of Meridian agrees to provide office space, computer(s), telephone system usage, and clerical staff, as may be necessary for Contractor to carry out the work described in "Appendix A" and any other business transactions that would need to be conducted by the EDC that are directly related to providing services under the contract. The specific nature of the services and goods provided by the City of Meridian shall at the sole discretion of the City. If the Contractor desires additional services that are not hereinabove provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. Prior to award of contract the successful submitter may be required to provide proof of worker's compensation, liability, and 1 or professional errors and omissions insurance. The City may consider including some or all of the above coverage's to the City's policy. This shall be at the sole discretion of the City. All submittals related to this RFQ shall include the following: Cover letter stating respondent's interest and qualifications - Resume, Vitae, or both - Work Plan or Outline consistent with the Scope of Work T A minimum of three professional references Applications must be received by City of Meridian at the address noted below no later than 5:00 pm MTS on Monday, June 21, 2004. City of Meridian Attn: Mayor Tammy de Weerd 33 East Idaho Avenue Meridian, Idaho 83642 2. A short form notice of this Request for Qualifications will be published in the Valley Times on June 7th and 14th, 2004 and in the Idaho Statesman on June 7th and 14th, 2004. 3. Approximate Calendar I Schedule: RFQ 12004 — Economic Development Coordinator— Page 3 of 4 ■ June 7, 2004 - Publication of Notice of Request for Qualifications ■ June 21, 2004 - Deadline for receipt of applications • June 28, 2004 - Notification of finalists ■ July 8, 2004 - Interview finalists ■ July 12, 2004 - Notify applicants of decision ■ July 15, 2004 - Project start date The award, if any, will be made to the respondent whose submission best demonstrates an ability to meet the City of Meridian's needs and offers a fair and reasonable price. Cost (fee proposal) will be considered in relation to other evaluation criteria, and the lowest cost Submittal will not necessarily be ranked highest. By submitting a response the submitter agrees that the City and Mayor may obtain further information from any person, entity, or group to ascertain the depth of submitter's capability and experience for the EDC position and in any and all other respects to meet with and consult with any submitter or any other person, entity, or group. RFQ / 2004 — Economic Development Coordinator— Page 4 of 4 1R . SCOPE OF WORK ECONOMIC DEVELOPMENT COORDINATOR Job Summary: Develop, implement, and coordinate business expansion, relocation, and development programs; performs all related work necessary to accomplish the goals and objectives of the program. Duties: Typical responsibilities: coordinate information and activities of economic development — provide information on business support programs and grants, evaluate feasibility and spearhead IRB to help attract or expand business; member and participant of area economic development organizations (Chamber, BMEDC, IEDA); organize annual business forum; conduct workshops and make presentations to business to facilitate economic development; research economic development grant opportunities; work with Chamber and development community on website for economic development. Business Development: Communicate joint marketing opportunities; track commercial/industrial application projects through city and related agencies; evaluate processes and paperwork and make recommendations for process efficiencies within City Departments; track business inquiries by type and work closely with Chamber with their activity; provide site location information to businesses interested in locating in the Boise Valley; establish a network of private and public contacts to market Meridian and local areas as a business expansion or relocation site; prepares cost, marketing, and resource comparisons to recruit businesses; researches and provides information on regional utility rates, labor costs, fringe benefits, tax rates, worker's compensation, transportation costs, land use, and capital formation resources and training programs; develops, updates, edits, and oversees distribution of informational marketing publications to promote Meridian in cooperation with the Chamber. Business retention and expansion: Develop and nurture business relationships; answers inquiries concerning small- business loans; advise businesses with expansion plans of various market development, financing, job training, and business planning resources; evaluates business expansion potential of a potential community; coordinates with state, federal, and regional sources to assist in business expansion; provides technical assistance to local governments in identifying business expansion by planning adequate infrastructure; maintain database and regular contact with existing business and coordinate business visits by City leadership and key citizen volunteers, and summarize feedback. RFQ / 2004 — Economic Development Coordinator— Appendix A — Pagrr 1 of 2 Responsible To: The Mayor, the City Council, and the citizens of Meridian. Will work under the supervision of the Mayor and provide periodic reports to the City Council. Educational / Experience Requirements: Any combination of education and experience which demonstrates good knowledge of: local Meridian business issues and places of businesses; Meridian development and permitting processes; opportunities and economic conditions; business assistance programs and sources; economic development and/or marketing concepts; organizing and conducting workshops and making presentations to business and community groups. Business ownership experience is a plus. Special Skills: Demonstrated skill in initiative, planning and organization, oral and written communication, budgeting, problem analysis and persuasiveness/sales ability, Ability to build consensus while working with different personalities and agendas; must be able to adjust to constantly changing circumstances and be able to readjust priorities quickly; Knowledge of government regulations affecting economic development. Must have a current valid driver's license. Future Training Requirements: Certified Idaho Block Grant Administrator; Certified Economic Developer from either Community Development Institute or Economic Development Institute and training programs that apply to the position or enhance job performance. Membership Organizations: Meridian Chamber of Commerce; Boise Metro Economic Development Council; Idaho Economic Development Association, Ida -Ore Regional Planning & Development Association. RFQ / 2004 — Economic Development Coordinator — Appendix A — Page 2 of 2 July 9, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING July 13, 2004 APPLICANT Mayor's Office ITEM NO. �p- REQUEST Presentation on Project Report for Mayor's Internship by Brandon Berg AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS MERIDIAN'S PROMISE 5 PROMISES 1. Caring Adults 2. Safe Places 3. Healthy Start 4. Marketable Skills 5. Opportunities to Serve MERIDIAN'S PROMISE Wednesday, June 23, 2004 5:OOPM — Meridian Job Service AGENDA I. Greetings II. Self -Introductions III. Approval of Minutes IV. Old Business a. Board Member Recruitment b. Vision & Goals c. Organizational Structure V. New Business a. Mapping Resources b. Prioritizing Community Initiatives c. Site of Promise Planning VI. Assignment of Duties VII. Adjournment (Next Meeting: July 14, 2004 @ 5:OOPM?) MERIDIAN'S PROMISE Meeting Minutes June 8, 2004 Opening: The informational meeting of Meridian's Promise was called to order at 9:OOAM on June 8, 2004 in Council Chambers at Meridian City Hall by Jon Hoffman. Present: Ed Engel, Joe Borton, Randy Rodes, Kristyn Roan, Kurt Alderman, Linda Blanksma, Paula Kiser, Kathleen Kuebler, Michael Lee, Charlie Rasmussen, Steve Moore, Tammy de Weerd Brandon Berg, Mandy De Castro, Jon Hoffman A. Community of Promise Presentation Jon Hoffman and Mandy De Castro (Association of Idaho Cities and Idaho's Promise) presented a number of slides describing the 5 Promises and how communities can fulfill those promises. The presentation included project examples of what other communities in Idaho have worked. on to fulfill. the 5 Promises. B. Vision/Goals There was a brief discussion of the vision and goals of what will be Meridian's Promise before a motion was made by Joe Borton to table the discussion until the full board had convened. By consensus the vision and goals discussion was tabled until the next meeting. C. Organizational Structure The organization structure of out group was also discussed as well as some interesting projects that different groups already had going on within the community. No formal decisions were made as to the status of our organizations but the discussion was tabled for further investigation. D. Board Members Those in attendance all agreed to be part of the board for Meridian's Promise and a discussion was .held. to meet the first step of the Community of Promise application, "engage a diverse community of key leaders." Nominations were made and discussed and assignments were given to those in attendance to contact the individuals agreed upon and get them to commit to the cause and the next meeting. E. Agenda for Next Meeting Visions & Goals Organizational Structure Adjournment: Meeting was adjourned at 10:30AM by consensus. The next general meeting -will be at 5:OOPM on June 23, 2004 at Meridian Job Service. Minutes submitted by: Brandon Berg Approval jane 23, 2004 witbout amendments MERIDIAN'S PROMISE Wednesday, July 14, 2004 5:OOPM — Meridian Job Service AGENDA 1. Greetings 11. Approval of Minutes 111. Old Business a. Vision Statement b. Mission Statement 1V. New Business a. Member Responsibilities b. Bylaws c. Selection of Officers d. Faiths of Promise/Business of Promise V. Adjournment (Next Meeting: July 28, 2004 @ 5:OOPM) MERIDIAN'S PROMISE Fleeting Minutes June 23, 2004 Opening: The meeting of Meridian's Promise was called to order at 5:05PM on June 23, 2004 in the Meridian Job Service Conference Room, by Brandon Berg. Present: Steve Moore, Ed Engel, Bryan Gregory, Kristyn Roan, Mark Snodgrass, Joe Borton, Debbie Bennett, Jon Hoffman, Julie Johnson, Beth Toal, Linda CIark, Michael Lee, Kathleen Kuebler, Magy Haug, Brandon Berg A. Approval of Minutes Brandon Berg presented the minutes .from June 8, 2004 and they were approved by consensus. B. Board Member Recruitment New members of the board were introduced and updates were given by members as to who they were able to reach and who was committed to Meridian's Promise. Ed Engel reported that Christine Donnell would be representing Meridian Kiwanis's, but was unable to attend this meeting. Dana Borgquist will be representing the local law enforcement but was unable to attend this meeting. C. Vision & Goals Before discussion began on the vision and goals of Meridian's Promise, board members were directed to a report in their meeting packet. DevelopnrentalAssets. A Profile of Your Youlb as prepared by the Search Institute outlines several areas that can be improved upon to build a healthy community. Each of the 40 assets surveyed by the Search Institute correlates directly with one of the 5 Promises and therefore this survey provides us with specific information on what areas need the most improvement. After reviewing these survey results, the board brainstormed what they believed to be the visionary Meridian. Many thoughts and ideas came up and were written on the flip chart. Some of the prominent suggestions were the need to create long lasting and deep relationships across all sectors of the community. Also the board found it to be important that parents have adequate training and resources to help the youth develop. Brandon Berg recorded the suggestions and ideas and will report back to the group with a list of all the ideas presented by the board. After brainstorming as a group, we broke up into 3 small groups to formulate 3 different vision statements. The following three vision statements were presented by the groups: To create a community that values our youth and families by fostering broad based, long term relationships with businesses, education, health care, faith based and government agencies and organizations. We envision a community that provides a positive, safe environment and empowers citizens to be active productive members of the community. We envision a community in which all citizens are committed to building the character and competence of our youth creating the best (darn) city in America. Meridian's Promise Page 1 Minutes -- 6/23/04 w � � oe� m � O § L Poo C N ^ 4.4 0 p - N � C 8 \ 64 p /© Q :c @ \ :m e ;±< o; o ;m r- r.-. _ > rW ¥ :9:,1,112000:w ate :2a _ :_ ;< .\0 _ ;mom :_� 1=r _ a :@ :2 00 C) :oma :oma ,oCD. o w :mom :mom :w:m ©?R e w<» c a} . e� :] July 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 13, 2004 REQUEST Update on the Transition Team Report AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY 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: ITEM NO. LD -A-3 COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 9, 2004 AZ 03-018 MERIDIAN CITY COUNCIL MEETING July 13, 2004 APPLICANT BRS Architects ITEM NO. �- REQUEST Re -adoption of Ordinance No. 04-1074 – Request for annexation and zoning of 43.86 +j acres from RT to C -G zones for Kissler / Cobbs / Eagy / Ruwe --- southwest corner and southeast corner of North Eagle Road and East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Ordinance OTHER: Contacted: _ Date: —1 Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. " April 1, 2004 AZ 03-018 MERIDIAN CITY COUNCIL MEETING April 6, 2004 APPLICANT BRS Architects ITEM NO. —7�20 REQUEST Tabled from 3/23/04 Ordinance -- Request for annexation and zoning of 43.86 +/- acres from RT to C -G zones for Kissler / Cobbs / Eagy / Ruwe -- southwest corner and southeast corner of Norfh Eagle Road and East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: '0141 MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 18, 2004 AZ 03--018 MERIDIAN CITY COUNCIL MEETING March 23, 2004 APPLICANT BRS Architects ITEM NO. REQUEST Ordinance -- Request for annexation and zoning of 43,86 f/-- acres from RT to C --G zones for Kissler / Cobbs / Eagy J Ruwe -- southwest corner and southeast corner of North Eagle Road and East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY EIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of tate City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN F. DIN1nS PHILIPA. PrTERSON JUL[E KI.EIN FISCHER Toon A. RossmAN Wn1. F. GIGRAY, III DAVID M. SWAR'rLEY T. GUY HALiAM* PAN;ELAJ.TARLOW WILLIAMA.MORROW TERRENCER.WHITE** WILLIAM F. NICHom* NICHOLAS L. WOMEN CH RISTOPIi ER S. NYE *Also admitted in OR ** Also admitted in WA William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 ATTORNEYS AT LAW February 26, 2004 NAMPA OFFICE 5700 E. FRANK IN RD., Su1TE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX(208)466-4405 Re: KISSLER/COBBS/RUWE / ANNEXATION AND ZONING .FINDINGS / DEVELOPMENT AGREEMENT / AZ ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ -03-018 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of February 24, 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 Council 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 ado ted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols Z:IWorklMNcridianWeridian 15360MXissler Cobbs Racy Rtmve AZ-03-018TFCL and ORD and SLIM ORD Clerk Ltr 02 26 04.doe KEVIN DINIUs JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT W&L F. Gm tY, III T, Gt1Y HALLAM ** JILL S. HOLINKA JOHN R. KORNIANIK WILLIAM A. MORROW WILLIAM F. NICHOLS ** William. G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 F. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 February 26, 2004 CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A, ROSSMAN TERRENCE R. WHITE ** * Also admitted ill CA ** Also admitted in OR •`* Also admitted in WA Re: Ordinance No. 04- -- (Janet Ruwe, Lyle and Donna Cobbs, Jack and Mary Anne Kennevick, Richard and Kathleen Jordan, and James A. Kissler) Summary Ordinance Publication Dear Will: Pursuant to the direction of the Meridian. City Council, this office has prepared a summarization of the ordinance providing for an arulexation and zoning ordinance for Janet Ruwe, Lyle and Dolma Cobbs, Jack and Mary Anne Kennevick, Richard and Kathleen, Jordan, and James A. Kissler 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 § 50-901(A). Very truly yours, Wm. F. Nichols J44 Enclosure ZAWorklM\Meridian\MeridiaH i 5360MXissler Cobbs Eagy Rime AZ-03-0181I3erg Sttm Ord Ltr 02 26 04.dw ADA COUNTY RECORDER J. G.,.,J NAVARRO 7 BOISE IDAHO 07123104 02:59 PM DEPUTY Vicki Allen Ii RECORDED -REQUEST OF Meridian City 104093'x 91 AMOUNT .00 CITY OF MERIDIAN ORDINANCE NO. 04- l& 74- AN ORDINANCE FINDING THAT, JANET RUWE — AN UNMARRIED PERSON, LYLE R. COBBS AND DONNA L. COBBS — HUSBAND AND WIFE, JACK C. KENNEVICK AND MARY ANNE 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/SH 55, MERIDIAN, IDAHO, TO BE KNOWN AS KISSLERJCOBBS/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; AND 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 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: ANNEXATION AND ZONING ORDINANCE (AZ -03-018) -1 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: LEGAL DESCRIPTION KISSLER PROPERTY A Parcel of land lying in the Northwest Quarter of Section 4, Township 3 North, Range 1East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the a point in the intersection of Eagle Road and Ustick Road, said point marking the Northwest corner of said Section 4; thence along the centerline of said Ustick Road, South 89°49'08" East a distance of 664.84 feet; thence South 00°35'55" West a distance of 30.00; thence North 89°49'08" West a distance of 10.00 feet; thence South 00°35'55" West a distance of 25.00 feet; thence South 89°49'08" East a distance of 10.00 feet; thence South 00°35'55" West a distance of 1235.86 feet; thence South 89°51'00" East a distance of 105.08 feet; thence South 00'36'13" West a distance of 93.77 feet; thence North 89°51'00" West a distance of 770.02 feet to a point on the West line of said Section 4 in the centerline of said Eagle Road; thence along the said West line of Section 4, North 00'36'13" East a distance of 1385 feet to the Point of Beginning. Said parcel contains 21.35 acres, more or less This description was compiled from information contained in Deed Instrument No. 101056225 and Record of Survey No. 5287 and is not the result of an actual survey made on the ground. KENNEVICK/COBBS/JORDAN PROPERTY A parcel of land lying in the NE '/ of the NE '/ of Section 5, T.3N., R. I E., of the Boise Meridian, and in Government Lot 4, Section 4, T.3N., R.1E., of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at a point in the centerline of Ustick Road, marking the Northeast Corner of said Section 5, T.3N., R.1 E. of the Boise Meridian, Ada County, Idaho, from which the N % Corner bears South 89°39'20" West a distance of 2656.46 feet; thence along the centerline of Ustick Road (also the North line of said Government Lot 4) North 89°34'39" East a distance of 27.57 feet to a point marking the centerline intersection of Ustick Road and State Highway 55 (Eagle Road); thence along ANNEXATION AND ZONING ORDINANCE (AZ -03-018) - 2 the centerline of State Highway 55 (Eagle Road), South 01°14'39" West a distance of 402.16 feet to a point marking the extension of the southerly line of a parcel described in Instrument No. 8719320; records of Ada County, Idaho; thence along the extension. of said southerly line North 84°06'00" West a distance of 18.94 feet to a point on the East line of said Section 5, said point being located South 00°00'00" West 400 feet from the said Northeast Corner of Section 5; thence along said southerly line North 84°06'00" West a distance of 480.00 feet; thence continuing along said southerly line, North 81 °54'00" West a distance of 24.72 feet; thence North 01 °05'59" East a distance of 344.18 feet to a point in the centerline of Ustick Road (north line of Section 5); thence along the North line of said. Section 5, North 89°39'20" East a distance of 495.33 feet to the Point of Beginning. Said parcel contains 4.48 acres, more or less. This description was compiled from deed information and other survey information provided and is not based on an actual survey made on the ground. RUWE PROPERTY A parcel of land lying in the NE % NE % of Section 5, T.3N., R.IE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found Brass Cap lying along the centerline of Ustick Road and marking the NE Corner of said Section 5, T.3N., R.IE., B.M., Ada County, Idaho, said Brass Cap bears N89°39'20" E. 2656.46 feet from a found 5/8" iron pin marking the N1/4 Corner of said Section 5, said Brass Cap also bears N00°00'00" W. 2611.41 feet (formerly 2611.50 feet) from a found Brass Cap marking the E1/4 Corner of said Section 5; thence N. 89°34'39" E. 27.57 feet along the centerline of said Ustick Road to a found Brass Cap marking the centerline intersection of said Ustick Road and State Highway 55 (Eagle Road); thence S. 01'14'39' W. 679.30 feet along the said centerline of State Highway 55 (Eagle Road) to a point, said point marking the REAL POINT OF BEGINNING: thence continuing along the said centerline of State Highway 55 (Eagle Road), S.01°14'39" W. 277.00 feet to a point; thence N. 83154'00" W. 150.84 feet to a point; thence N. 64°11'00" W. 79.87 feet to a point; thence S. 89°54'00" W. 200.00 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ -03-018) - 3 thence N. 79°07'00" W. 319.00 feet to a point; thence S. 77°06'00" W. 267.75 feet to a point; thence S. 87106'00" W. 335.19 feet to a point lying on the easterly boundary of Carol's Subdivision No. 2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho; thence N. 00° 15' 11" W. 560.14 feet along the said easterly boundary of Carol's Subdivision No. 2 to a point; less. thence S. 71'28'10" E. 803.90 feet to a point; thence S. 83154'01" E. 580.46 feet to the point of beginning, containing 10.50 acres, more or SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. 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 General Retail and Service Commercial District (C -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: .The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of G , 2004, and that ANNEXATION AND ZONING ORDINANCE (AZ -03-018) - 4 the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to - wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of Tultj, 2004. ANNEXATION AND ZONING ORDINANCE (AZ -03-018) - 5 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of T0kA 2004. MAYOR Rio ATTEST: U� G`�ofT�o .L - CITY CLERK %,,��� r '�r��.�' First Reading: i �} '°'O�T� Adopted after ast reading by suspension`ofle as allowed pursuant to Idaho Code 50- 902 Yes: i No: Second Reading: --- Third Reading: ----- STATE OF IDAHO,) : ss. County of Ada On this'134'-day of -,,) C" l V , 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 ghgve written. (SEAL) _�•. PUBLIC' d b OF 11) PUBLIC FOR IDAHO i AT:i VIISSION EXPIRES: 0 (f Q- Eagy Rum AZ-03-0181AZOcd doc ANNEXATION AND ZONING ORDINANCE (AZ -03-018) - 6 :D9vrq f z 8 �^a gliz P Cj NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- A27� PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Janet Ruwe, Lyle and Donna Cobbs, Jack and Mary Anile Ken evick, Richard and Kathleen Jordan, and James A. Kissler, to be known as Kissler/Cobbs/Ruwe, consisting of 3 6.3 3 acres and commonly located on the south side of Ustick Road on the East and West sides of Eagle Road/SH 55, Meridian, Idaho, with a zoning designation of C -G General Retail and Service Comi-nerical; 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 KISSLER PROPERTY A Parcel of land lying in the Northwest Quarter of Section 4, Township 3 North, Range lEast of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the a point in the intersection of Eagle Road and Ustick Road, said point marking the Northwest confer of said Section 4; thence along the centerline of said Ustick Road, South 89°49'08" East a distance of 664.84 feet; thence South 00°35'55" West a distance of 30.00; thence North 89°49'08" West a distance of 10.00 feet; thence South 00°35'55" West a distance of 25.00 feet; thence South 89°49'08" East a distance of 10.00 feet; thence South 00°35'55" West a distance of 1235.86 feet; thence South 89°51'00" East a distance of 105.08 feet; thence South 00'36'13" West a distance of 93.77 feet; thence North 89°51'00" West a distance of 770.02 feet to a point on the West line of said Section 4 in the centerline of said Eagle Road; thence along the said West line of Section 4, North 00'36'13 " East a distance of 1385 feet to the Point of Beginriing. Said parcel contains 2135 acres, more or less This description was compiled from information contained in Deed Instrument No. 101056225 and Record of Survey No. 5287 and is not the result of an actual survey made on the ground. KENNEVICK/COBBS/JORDAN PROPERTY A parcel of land lying in the NE % of the NE'/n of Section 5, T.3N., R.IE., of the Boise Meridian, and in Government Lot 4, Section 4, T. 3N., R.IE., of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at a point in the centerline of Ustick Road, marking the Northeast Corner of said Section 5, T.3N., R.IE. of the Boise Meridian, Ada County, Idaho, from which the N '/4 Corner bears South 89°39'20" West a distance of 2656.46 feet; thence along the centerline of Ustick Road (also the North line of said. Government Lot 4) North 89°34'39" East a distance of 27.57 feet to a point marking the centerline intersection of Ustick Road and State Highway 55 (Eagle Road); thence along the centerline of State Highway 55 (Eagle Road), South 01°14'39" West a distance of 402.16 feet to a point marking the extension of the southerly line of a parcel described in Instrument No. 8719320; records of Ada County, Idaho; thence along the extension of said southerly line North 84°06'00" West a distance of 18.94 feet to a point on the East line of said Section 5, said point being located South 00°00'00" West 400 feet from the said Northeast Corner of Section 5; thence along said southerly line North 84°06'00" West a distance of 480.00 feet; thence continuing along said southerly line, North 81°54'00" West a distance of 24.72 feet; thence North 01°05'59" East a distance of 344.18 feet to a point in the centerline of Ustick Road (north line of Section 5); thence along the North line of said. Section 5, North 89°39'20" East a distance of 495.33 feet to the Point of Beginning. Said parcel contains 4.48 acres, more or less. This description was compiled from deed information and other survey information provided and is not based on an actual survey made on the ground. RUWE PROPERTY A parcel of land lying in the NE'/4 NE'/4 of Section 5, T.3N., R.1E., S.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found Brass Cap lying along the centerline of Ustick Road and marking the NE Corner of said Section 5, T.3N., R.IE., B.M., Ada County, Idaho, said Brass Cap bears N89°39'20" E. 2656.46 feet from a found 5/8" iron pin marking the NIA Corner of said Section 5, said Brass Cap also bears N00°00'00" W. 2611.41 feet (formerly 2611.50 feet) from a found Brass Cap marking the E1/4 Corner of said Section 5; thence N. 89°34'39" E. 27.57 feet along the centerline of said. Ustick Road to a found Brass Cap marking the centerline intersection of said. Ustick Road and State Highway 55 (Eagle Road); thence S. 01°]439' W. 679.30 feet along the said centerline of State Highway 55 (Eagle Road) to a point, said point marking the REAL POINT OF BEGINNING: thence continuing along the said centerline of State Highway 55 (Eagle Road), S.01°14'39" W. 277.00 feet to a point; thence N. 83°54'00" W. 150.84 feet to a point; thence N. 64'l l'00" W. 79.87 feet to a point; thence S. 89°54'00" W. 200.00 feet to a point; thence N. 79°07'00" W. 319.00 feet to a point; thence S. 77'06'00" W. 267.75 feet to a point; thence S. 87°06'00" W. 335.19 feet to a point lying on the easterly boundary of Carol's Subdivision No. 2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho; thence N. 00°15'11 " W. 560.14 feet along the said easterly boundary of Carol's ,Subdivision No. 2 to a point; thence S. 71'28'10" E. 803.90 feet to a point; thence S. 83°54'01" E. 580.46 feet to the point of beginning, containing 10.50 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. 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 day of 2004. ,`,��tittistttliFitrtr��,f'5 City of Meridian _ Mayor and City Council` f�Y By: William G. Berg, Jr., City Clerk = First Reading: L�_ -f� '-,F� r ysl Adopted after first reading by suspensi0-1 ash, ��ed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: ZAWorkAM\MeridianlMeridian 15360MIKissler Cobbs Eagy Rinne AZ -03-0I MSUMANNEXZONCORD.doc To: Meridian PIZ WE ARE SENDING YOU X Attached -Via Shop drawings Copy of letter Prints Change order LETTER OF TRANSMITTAL Date: 3123104 Attention: Brad MAR 2 3 2004 CITY OF MERID101 Job No. 03022.04 Re: Kissler/Ruwe Annexation (AZ03-018) Pickup Delivery Plans Mail Fed. Exp. The following: Samples Specifications Copies Date No. Description 1 3122 Revised Combined Legal Description For AZ03-018 These are transmitted as highlighted below: For approval For your use As requested For review and comment REMARKS: Brad: Per the City's request we attach a stamped composite legal for AZ 03-018, combining the Ruwe/Cobbs/Kinsler and Intermountain Gas parcels. We trust this will allow the Council to complete their required readings. Thanx for the help! I ecox COPY TO: JK/JR a! X File /N��v RECEIVED BY: DATE: Document] f� r 1 ANDERSON—DAVIDA AssociA S' NC. Combined Parcels Annexation Description (Cobb, Ruwe, Kissler and. Intermountain Gas) A parcel of land situated in part in Government Lot 4, Section 4, Township 3 North, Range 1 East of the Boase Meridian, Ada County, Idaho and in the Northeast Quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, described as follows: Commencing at a point in the centerline of Ustick Road, marking the Section corner common to Sections 4 and 5, Township 3 North, Range 'I East, B.M. and Sections 32 and 33, Township 4 North, Range 1 East, B.M., said point also marks the Real Point of Beginning, from which the N "/ Corner of said Section 5 bears South 89°39'20" West 2656.46 feet; thence from said point, along the section line common to said Sections 4 and 33 (also the centerline of Ustick Road), North 89°34'39" East a distance of 27.57 feet to a point in the centerline of Eagle Road (State Highway 55); thence continuing North 8934'39" East along said section line, also the centerline of Ustick Road, a distance of 637.25 feet; thence leaving said section line South 00000'48" East a distance of 1290.86 feet; thence North 89032'47" East a distance of 104.90 feet; thence South 00000'00" East a distance of 93.77 feet; thence South 89032'47" West a distance of 770.02 feet to a point in the centerline of Eagle Road (State Highway 55), thence along the centerline of said Eagle Road (State Highway 55), North 00°00'00" West a distance of 115.79 feet; thence continuing along the centerline of Eagle Road (State Highway 55), North 01'14'39". East a distance of 313.41 feet; thence leaving said centerline, North 83°54'00" West a distance of 150.84 feet thence North 64011'00" West a. distance of 79.87 feet; thence South 891154'00" West a distance of 200.00 feet; thence North 79°07'00" West a distance of 319.00 feet; thence South 77°06'00" West a distance of 267.75 feet, thence South 87°06'00" West a distance of 335.19 feet to a point to a point on the easterly boundary of Carol's Subdivision No.2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho; thence North 00°15'11" West along the said easterly line of Carol's Subdivision No.2, a distance of 560.14 feet; the leaving said easterly line , South 71'28'10" East a distance of 803.90 feet; the South 83°54'01" East a distance of. 580.46 feet to a point in the centerline of Eagle Road (State Highway 55); thence North 00114'39" East along said centerline a distance of 277.15 feet; thence leaving said centerline North 84°06'00 West a distance of 498.94 feet; thence North 811154'00' West a distance of 24.72 feet; Land Surveying Services 357 E. Watertoiver Ln., Shite F, Meridian, ID 86342 . 208.888.7345 fax 208.888.7354 thence North 01 005`59" East a distance of 344.18 feet to a point on the North line of said Section 5, also the centerline of Ustick Road; thence along the North line of said Section 5, North 89139"20" East a distance of 495.33 feet to the point of beginning. Said parcel contains 35.94 acres, more or less. This legal description is a compilation of recorded legal descriptions and Records of Surveys on file in the Ada County Recorders Office. It is not the result of an actual survey made on the ground by this office_ This legal description is for annexation purposes only. Project No. 03-122 March 22, 200 1390.98` : [ ai - OWt( ?13Y3 3NfW31N37 i i [ . AUdf.*U05 •I*rtr 0 & :at�sr, � M. l 103 � h ANDERSON~DAVID '& ASSOCIATES, INC. Combined Parcels Annexaxion Description _ (C©bb,* Ruwe; Kissler and Intermountain Gas) ST:LT 00, P2! 8UW RECEWEP, City of Meridian City Clerk Office A parcel of land situated- in part in Government Lot 4, Section 4, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho and in the Northeast Quarter of Section 5, Township 3 North, Range I East of the Boise Meridian, Ada County, Idaho, described as follows: Commencing at a point in the centerline of Ustick Road, marking the Section corner, common to Sections 4 and 5, Township 3 North, Range I .East, B.M.' and Sections 32 and 33, Township 4 North, Range 1 East, B.M_, said point also marks the Real Point of Beginning, from which the N % Corner of said Section 5 bears South 891,39'20" West 2656.46 feet; thence from said point, along the section line common to said Sections 4 and 33" (also the centerline of Ustick Road), North 89°34'39" East a distance of 27.57 feet to a point in the centerline of Eagle Road (State Highway 55); thence continuing North 89°34'39" East along said section line, also the centerline of Ustick Road, a distance of 637.25 feet; thence leaving said section line South 0000'48" East a distance of 1290.86ef; feet; thence -North 89°32'47" East a distance of 104.90 feet; thence South 00" .86 fe 011 East a distance of 93'.77 feet; thence South 89°32'47" West a -distance of 770.02 feet to a point in the centerline of Eagle Road (State Highway 55); thence along the centerline of said Eagle'Road (State Highway -55), North 001100'00" West a disteince*of 115.79 feet; thence"contihuing along the centerline of Eagle Road (State HighWay 55),• North'01'14'39" East a,distance of 313,41 feet; thence leaving said cen(erline', North 83°54'00" West a distance gf 150.84 feet; thence North 64°11'00" West a distance of 79.87,feet; thence -South -89054'00" West a distance of 200.00 Poet, thence North 79007'00" West a distance of 319.00 feet; thence South 771106'00" West a distance of 267.75 feet; thence South' 87°06'00" West a d.istahce of 335.9 9 feet to a' point to a point on, the easterly boundary of Carol's Subdivision No.2, as recorded in Book 39 of Plats at Pages 324$ and 3249, records of Ada County, Idaho, thence North 000151"11 "-West along the said easterly'line of Carol's Subdivision No -2, a distance of 560:14 feet; the leaving said easterly line , South 71'028'10" East a distance of 803:90 feet; then'ce'-South 83154' East a distance 6f.580.46 feet to a point in the-centerffne of Eagle Road (State Highway 55); thence North 0014'39" East along said centerline' a . distance of 277.15 feet; thence leaving said centerline North 84°06'00" West a distance of 498:94 feet; thence North 81 °54'00'` West a distance of 24.72 feet; Land Surveying Services l 357 E. WiibertoWer Ln., Suitc T; Meridian, ID 86342 208.813$.7345 Fat 208.988.7354 T042 2C.. 6uw thence North 0T-05'59" East a distance of3441g feet to a point on the North fine of said Section 5, also the centerline of Ustick Road; thence along the North fine of said Section 5, North 89°39'20" East a distance of 495.33 feet to the point of beginning. Said parcel contains 35.94 acres, more or less. This legal description is a compilation of recorded legal desdriptions and Records of Surveys on lrle in the Ada County Recorders office_ It is not the result of an actual survey made on the ground by this office. This legal description is for annexation purposes only. Project No. 03-122 March 22, 2004 gOO16 IJ910 JCaT3 t- 'Id Ha ZWd NVIaJHD vgQ0?000A7 Vv" n.-" z.. .. .-- JJVO v�a�aaatl�C ST:LT by, EZ dbW f soot `1jeTo 'Id3a ZVd NVIalUafq DPQQQQQQn7 Vvi oe-nr 1 Y . . .. .' .'.. . • H.acsslas ::7�rir: � • .Qr�7i `— M:61 r � 300.Utr.006 1 1 1 i ALb9.A0.14S A , `1jeTo 'Id3a ZVd NVIalUafq DPQQQQQQn7 Vvi oe-nr 0 Pi J u ; V � � d Q i,J a_ W QLD 0} c z d H Q F az 0 z� Z wC E-- O C) F:p a LU ° CL Z w d # a J t° x L.i 3 O Pa -W m u © a u va U'rc ANDERSON -DAVID & ASSOCIATES, INC. Combined Parcels Annexation Description (Cobb, Ruswe, Kissfer and Intermountain Gas) A parcel of land situated in part in Government Lot 4, Section 4, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho and in the Northeast Quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, described as follows: Commencing at a point in the centerline of Ustick Road, marking the Section corner common to Sections 4 and 5, Township 3 North, Range 1 East, B.M. and Sections 32 and 33, Township 4 North, Range 1 East, B.M., said point also marks the Real Point of Beginning, from which the N'/ Corner of said Section 5 bears South 89°39'20" West 2656.46 feet; thence from said point, along the section line common to said Sections 4 and 33 (also the centerline of Ustick Road), North 891134'39" East along said section line,'also the centerline of Ustick Road, a distance of 664.82 feet; thence leaving said section line South 00000'48" East a distance of 1290.86 feet; thence North 89032'47" East a distance of 104.90 feet; thence South 00000'00" East a distance of 93.77 feet; thence South 89032'47" West a distance of 770.02 feet to a point on the section line common to said Sections 4 & 5; thence along said section line, North 00000'00" East a distance of 429.85 feet; thence leaving said section line, North 83°54'00" West a distance of 144.00 feet; thence North 64°11'00" West a distance of 79.87 feet; thence South 891154'00" West a distance of 200.00 feet; thence North 79007'00" West a distance of 319.00 feet; thence South 77006'00" West a distance.of 267.75 feet; thence South 87006'00" West a distance of 335.19 feet to a point to a point on the easterly boundary of Carol's Subdivision No.2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho; thence North 00°15'11" West along the said easterly line of Carol's Subdivision No.2, a distance of 560.14 feet; the leaving said easterly line , South 71 028'10" East a distance of 803.90 feet; thence South 83054'01 " East a distance of 567.56 feet to a point on said section line; thence North 00100'00" East along said section line a distance of 277.66 feet; thence leaving said section line North 84006'00" West a distance of 480.00 feet; thence North 81054'00" West a distance of 24.72 feet; thence North 01 005'59° East a distance of 344.18 feet to a point on the North line of said Section 5, also the centerline of Ustick Road; thence along the North line of said Section 5, North 89139'20" East a distance of 495.33 feet to the point of beginning. Land Surveying Services 357 E. Watertower Ln., Suite F, Meridian, ID 86342 • 208.888.7345 fax 208.888.7354 Said parcel contains 36.06 acres, more or less. This legal description is a compilation of recorded legal descriptions and Records of Surveys on file in the Ada County Recorders Office. It is not the result of an actual survey made on the ground by this office. This legal description is for annexation purposes only. Project No. 03-122 April 2, 2004 Meridian PU13Ha Works Dept CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G_ BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Qrdinance No. 04- i 0-1 2 - , passed by the City Council of the City of Meridian, on the I iz day of 2004, is a true and correct copy of the original of said document which is in the care, costo y and control of the City Clerk of the City of Meridian. STATE OF IDAHO, ) ss. County of Ada, WILLIAM G. BERG, JR. On this day of , in the year , before me, , a Notary Public, appeared WILLIAM G_ BERG JR., known or identified to me- to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ Z:1Work\MWeridian\Mcridian 15360M1Kissler Cobbs Eagy Ruwe A7,-OI&CeAificationofClerkorddoc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -03-018 July 9, 2004 AZ 03-022 MERIDIAN CITY COUNCIL MEETING July 13, 2004 APPLICANT BRS Architects ITEM NO. I REQUEST Ordinance — Request for annexation and zoning of 5 acres from RT to C -G zones for the Kissler Dealy Parcel — southeast corner of East Ustick Road and North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance 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 �ry CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property ofhe City of Meridian. ADA COUNTY RECORDER;( 4VID NAVARRO 6 BOISE IDAHO 07123104 Oc„, PM DEPUTY Vicki Allen !! ii ii II II II i Me id anEGIiyREQUEST OF AMOUNT .00 104093294 CITY OF MERIDIAN ORDINANCE NO. 04- lD S8 AN ORDINA�t G, R THE OWNER OF CERTAIN REAL PROPERTY G ,AST OF THE KISSLER ANNEXATION (18 ACRE OF THE INTERSECTION OF EAGLE WHICHD/SH 55 1 �` TO BE KNOWN AS KISSLER AND LIES - CITY LIMITS OF THE CITY OF MERTDTAN C� HAS MADE A REQUEST FOR ANNEXATION * IAT SAID LAND BE ANNEXED TO ��\ THE CITY OF 1• 'GENERAL RETAIL AND SERVICE COMMERCIAL r SAID LAND, BY PROPER LEGAL DESCRIPTION A ,SS�r SIE CITY OF MERIDIAN, COUNTY OF ADA, STATE SES, RESOLUTIONS, ORDERS OR PARTS THEREOF f' c vG THE CITY ENGINEER TO ADD SAID PROPERTY Y OF MERIDIAN, IDAHO; AND DIRECTING THE Q M' TLE A CERTIFIED COPY OF THE ORDINANCE ANDWITH ADA COUNTY RECORDER, AUDITOR, TREAS s �u1t;AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,'�xc'UANT 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 IDAIIO: SECTION]. 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 -03-422) -I LEGAL DESCRIPTION A Parcel of land being a portion of the East Half of Government Lot 4 lying in the Northwest Quarter of the Northwest Quarter of Section 4, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 4 (also the Northwest corner of said Government Lot 4), Township 3 North, Range 1 East of the Boise Meridian; thence North 89°49'08" East (formerly North 89°)5'22' East) along the Northerly line of said Section 4 a distance of 664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING; thence continuing North 89°49'08" East (formerly North 89°)5'22" East) along the Northerly line of said Section 4 a distance of 166.19 feet; thence leaving said Northerly line, South 00°13'40" West (formerly South 00°00'06" East) a distance of 293.00 feet; thence North 89018'56" West (formerly South 89°3242" West) a distance of 168.07 (formerly 166.19 feet); thence North 00°35'55" East (formerly North 00°05'05" West) a distance of 290.48 feet (formerly 293.00 feet) to the POINT OF BEGINNING. The above description was prepared from information contained in Deed of records of Ada County, Idaho. Not the result of an actual survey made on the ground.. The above described parcel contains 1.119 acres, more or less. AND A Parcel of land being a portion of the East Half of Government Lot 4 lying in the Northwest Quarter of the Northwest Quarter of Section 4, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 4 (also the Northwest corner of said Government Lot 4), Township 3 North, Range 1 East of the Boise Meridian; thence South 89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section 4 a distance of 664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING; thence continuing South 89°49'08" East (formerly North 89°)5'22" East) along the Northerly line of said Section 4 a distance of 166.19 feet; thence leaving said Northerly line, South 00°35'24" West (formerly South 00°00'06" East) a distance of 1290.77 feet (formerly 1290.60 feet); thence North 89°51'00" West (formerly South 89°32'42" West) a distance of 166.38 (formerly 166.20 feet); thence North 001135'55" East (formerly North 00°05'05" West) a distance of 1290.86 feet (formerly 1290.73 feet) to the POINT OF BEGINNING. The above description was prepared from information contained in Deed records of Ada County, Idaho. Not the result of aia actual survey made on the ground. ANNEXATION AND ZONING ORDINANCE (AZ -03-022) - 2 The above described parcel contains 4.927 acres, more or less. 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. General Retail and Service Commercial District (C -G). 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 snaps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section') of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and f� the owner of the land described in Section 1 dated the 17 "` day of J4 A C_ , 2004, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled, SECTION 7: This ordinance shall be in full force and effect from and alter its passage, approval and publication, according to law. SECTION S: The Clerk of the City of Meridian shall, within. ten (10) days following the days following the effective date of this ordinance, duly Mile a certified copy of this ordinance and a trap 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 ofldaho, to - ANNEXATION AND ZONING ORDINANCE (AZ -03-022) - 3 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 l �?a� day of cT 12004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this %X�� day of , 2004. ATTEST: IVI'4'y-®R' MY de WEERD CITY CLERK" '' First Reading: fir' ` Adopted after first read ing-bysu�p�itorie 902 Yes: >, N6.2 Second Reading: Third Reading: STATE OF IDAHO, ) ss. County of Ada ) as allowed pursuant to Idaho Code 50 - On this f day of 11-ty 11-t , 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. ANNEXATION AND ZONING ORDINANCE (AZ -03-022) - 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "0."%soa0.704 0 L. S eve (SEAL) .*" � "0•® ®0.0� `#, VOTAY PUBLIC FOR IDAHO �pNG AT:MMISSION EXPIRES: Dy 7 ♦ri4 OF 19°es°° Z:%Work1M\Merid1anWcridian l N1 i41*h%1°er (Deily Parcel) AZ-93-0221AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ -03-022) - 5 0 m SQ z CD p o � W CN ZC p�co ZO LW uj a W �r 0 a L U �"� " w ¢ z Z u> 0 Or❑ w ami w co Z ui V o U) LU z �' a ti U cn O --17z Y U F w ---JL"OsZL OD m Akt�Z,0Eo00S o w C.) � � T � co 0 rCF) r 3..09.9Eo00N z LLZ uj O z 00 o F-- z co z � �m c� GH 31E)V3 N N CIH 31E)ra N cov J CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 04- /0,9 0 , passed by the City Council of the City of Meridian, on the f� day of Nz2GeZo , 2004, is a true and correct copy of the original of said document which is in the care, c tody and control of t1�Crty 5 Clerk of the City of Meridian. r �SEAL WILLIAM G. BERG, JR. N �� STATE OF IDAHO, -itt st„t ss. County of Ada, On this _ day of �'j to ly , in the yearn, before me, 1 ti.:r -1 L- 5"';al ' , a Notary Public, appeared WILLIAM G. BERG, JR., kriown or identified to ane to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to ane that he executed the same on behalf of the City of Meridian. ggfl ®i Y989l/4 0*�4 440 0 ,ae® ycpvO.m®�'�fr� 00'� �9 r4 - (SEAL) Nary P blic for Idaho I:. � 4� AUS ti1G %so anan' sion Expires: p 2v v ��6+?�' CSP i� �•+s�,s Z:1Work\M\MeridianlMeridian't6mQdd t.%5°ler (D,-.Iy Parcel) AZ-03-0221Certification0iClerk-Ord.doc CERTIFICATION OF THE CITY CLERIC OF THE CITY OF MERIDIAN AZ -03-022 KEYIN DWIUs JULIE KLEIN FISCHER CHRISTOPHER D. GAr3t3ERT Wm. F. GIcRAY, III T. Guy HALLAh7 •• JILL S. HOLINKA JOHN R. KORMANw WILLIAM A. MDRRuw WILLIAM F. NICHOLS ** William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 4664405 March 1, 2004 Re: Ordinance No. 04-.1a946 , (Japes A. Kissler) Summary Ordinance Publication Dear Will: CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSNIAN TERRiNCE R. WHITE * Also admitted in CA ** Also admitted in OR *** Also admitted in WA Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an armcxation and zoning ordinance for James A. Kissler 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 § 50-901(A). Very truly yours, Wm. Nichols Enclosure ZAWorkWMWMeridianWMeridian 15360MKissler (Deily Parcel) AZ-03-022Wi3erg Sum Ord Ltr 03 01 04.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04-9 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by James A. Kissler, to be known as Kissler, consisting of 5 acres and commonly located. immediately east of the Kissler Arrrlexation (18 acre parcel) near the southeast corner of the intersection of Eagle Road/SH 55 and. Ustick Road, Meridian, Idaho, with a zoning designation of C -G General Retail and. Service Commerical; 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 A Parcel of land being a portion of the East Half of Government Lot 4 lying in the Northwest Quarter of the Northwest Quarter of Section 4, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 4 (also the Northwest corner of said Government Lot 4), Township 3 North, Range 1 East of the Boise Meridian; thence North 89°49'08" East (formerly North 89°)5'22' East) along the Northerly line of said Section 4 a distance of 664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING; thence continuing North 89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section 4 a distance of 166.19 feet; thence leaving said Northerly line, South 00°13'40" West (formerly South 00°00'06" East) a distance of 293.00 feet; thence North 89°18'56" West (formerly South 89°)2'42" West) a distance of 168.07 (formerly 166.19 feet); thence North 00°35'55" East (formerly North 00°05'05" West) a distance of 290.48 feet (formerly 293.00 feet) to the POINT OF BEGINNING. The above description was prepared from information contained in Deed of records of Ada County, Idaho. Not the result of an actual survey made on the ground. The above described parcel contains 1.119 acres, more or less. W1 A Parcel of land being a portion of the East Half of Goverrurrent Lot 4 lying in the Northwest Quarter- of the Northwest Quarter of Section 4, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 4 (also the Northwest corner of said Government Lot 4), Township 3 North, Range I East of the Boise Meridian; thence South 89°49'08" East (formerly North 89°)5'22" East) along the Northerly line of said Section 4 a distance of 664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING; thence continuing South 89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section 4 a distance of 166.19 feet; thence leaving said Northerly line, South 00°35'24" West (formerly South 00°00'06" East) a distance of 1290.77 feet (formerly 1290.60 feet); thence North 89°51'00" West (formerly South 89°32'42" West) a distance of 166.38 (formerly 166.20 feet); thence North 00°35'55" East (formerly North 00°05'05" West) a distance of 1290.86 feet (formerly 1290.73 feet) to the POINT OF BEGINNING. The above description was prepared from information contained. in Deed records of Ada County, Idaho. Not the result of an actual survey made on the ground. The above described parcel contains 4.927 acres, more or less. A frill 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 day of 2004. 4,,lµ4Sltll!!11l1fI/ City of Meridian = 8Ef � Mayor and City Council By: William G. Berg, .Ir., City Clerk First Reading: Adopted after first reading by suspension'o���-)RR�.. as, pursuant pursuant to Idaho Code 50902: YES NO Second. Reading: Third. Reading:_ 7;1Work1MlMeridi,InlMcridiaii 15360M\Kissler(Denly Parcel) AZ-03-0221SU MANN EXZONGORD.doc July 9, 2004 MERIDIAN CITY COUNCIL MEETING July 13, 2004 AZ 04-009 APPLICANT Smith Brighton ITEM NO. ! q REQUEST Findings — Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square - northeast corner of North Eagle Road and East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings 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: V-11-1 SANITARY SERVICE COMPANY �ve CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:&A aht r Date: 141 Phone: Emailed: rqh 11COrp. Cohn Staff Initials: f 9AL Materials presented at public meetings shall' become property of the City of Meridian. __ KEvtN D[NmS .134.1E KL.N PISCHER CHRISTOPHER D. GAssERT W M. F. GIGRAY, III T. GiY HALLAM #d JILL S. HOuNKA JOHN R. KoPJAANIK WILLIAM A. MORROW WILLIAM F. NIC}TOES ** William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON DARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., Sulu 200 NAMPA, IDAHO 83697-7901 TEL (208) 466-9272 FAX (208) 4664405 June 18, 2004 i -" f -"4 JUN 2 6� 2004 City Of Mei idia.-n City Clerl� Office Q mTsTOPHER S. NYE PHILIP A. PETERSON TODD A. RossMAN TERRENCE R. WHITE ` Also admutud iii CA *" Also admitted in OR '•' Also admitted iR WA Re: ,SMITH BRIGHTON / ANNEXATI.ON AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT 1 ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER 1 AZ -04-009 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of June 15, 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 Council 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 ordiriw- ce 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. Very tru y . ur--s,�� Wm. F. Nichols Z:1Work1M\Meridian\Mcridian 15360MMarket Square AZ -04 -009T -FCL DEV AGMT ORD Clerk Ur 06 18 04.dec BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 36.93 ACRES FOR PROPOSED MARKET SQUARE FROM RUT TO G -C, LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF USTICK ROAD AND EAGLE ROAD/SH 55, IMMEDIATELY NORTH OF THE PROPOSED KISSLER/COBBS/EAGY/RUWE ANNEXATION AND WEST OF PROVIDENCE PLACE SUBDIVISION, TOWNSHIP 4 NORTH, RANGE 1 EAST, SECTION 33, MERIDIAN, IDAHO SMITH BRIGHTON, APPLICANT CIC 06/15/04 Case No. AZ -04-009 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 Tune 15, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, David Turnbull, Tish Gilbert, Tom Davis, Sherry Kusic, Emma Beck, Antonio Kusic, Richard Beck, Carol Stringham, Scott Hamden, Coralee Kleeberg, and Kirk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 1. OF 3 0 Carroll, 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 There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Tides 1 I 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 as described in the application, is approximately 36.93 acres in size and is located on the northeast corner of the intersection of Ustick Road and Eagle Road/SH 55, immediately north of the proposed Kissler/Cobbs/Eagy/Ruwe annexation and west of Providence Place Subdivision, Township 4 North, Range 1 East, Section 33, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. 4. The owner of record. of the subject property is Caven, Inc. is the current property owner and has submitted notarized consent for the subject application. Applicant is Smith Brighton of Boise, Idaho. The property is presently zoned RUT (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 2 OF 30 6. The Applicant requests the property be zoned as C -G (General Retail and Service Commercial). 7. The Applicant proposes to develop the subject property in the following manner: The applicant provided a detailed plan for the southern portion of the property, which includes a Lowe's store on 15.4 acres, and several pads for small service, commercial and retail in this general area, and general commercial on the remainder of the property A detailed list of permitted conditional and prohibited uses for the entire site will be listed in Item Number 6. of the Development Agreement, entitled Conditions Governing Development of Subject Property. 8. The Applicant requests zoning of the subject real property to C -G (General Retail and Service Commercial), which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Mixed Use -Regional. 9. There is a historic structure on the parcel which may affect the consideration of this application. There are no other scenic or natural features of major importance. 10. The City Council recognizes the concerns of Allen Jamison, David Boehecker, Carl Gilbert, Scott Hamden, Steve Holland, Richard Beck and Carol Stringlham. 11. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 3 OF 30 A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: 1. Modify the first sentence of condition #3.a.ii., pg. 11, of the 5/13/04 staff report, to read as follows: "The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -retail use." 2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the following activities/uses: compactor and emergency generator. 3. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence which reads. "All such activities shall be confined between the hours of 6:00 am and 8:0. _ _0_pm." (Per action of the City Council taken at their June 15, 2004 meeting, hours shall be 6:00 a.m. to 8:00 p.m.) B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning Area. Essential City services are or will be made available to the subject property. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of armexation ordinance adoption), and developer. The DA shall incorporate the following: a. Include the detailed and conceptual site plan (received by the City Clerk on April 16, revised) as an. exhibit of the DA, noting approval with the following exceptions: i. Only the new, north -south road location and profile, Baldcypress, and the large retail building footprint with associated parking receive detailed approval at the time of annexation. All other representations on the site plan are conceptual and shall require separate detailed approvals through the City of Meridian in accordance with the Zoning and Subdivision Ordinances in effect at the time of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR. ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 4 OF 30 ii. The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -retail use. The Zoning Administrator is granted authority through this DA to determine whether a future use and/or site plan, complies with the intent of this agreement; iii. The vehicular access points shown on the site plan to Eagle Road/SH 55 and Ustick Road are not approved and must be approved separately through ACRD and ITD; iv. The 20 -foot wide buffer between land uses on the east property line shall be constructed along the entire boundary prior to CO's being issued for any new building on the property. Additionally, the developer shall ensure a 6 - foot sound wall is constructed along the entire east property line; V. The parking ratio for the bulk retail use in the southeast conger shall be allowed to be one parking space per 250 sq. ft. of gross floor area; vi. A minimum 7 -foot wide pedestrian walkway shall be added to the site plan, extending north of the Ustick Road sidewalk on the east side of the middle driveway and across the drive aisle. b. Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the DA, noting approval with the following modifications: i. All roof -mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the property; ii. The free-standing sign shown on the east elevation in the garden center is not approved. Only one free-standing sign shall be allowed on the Ustick Road frontage. c. Include the "Permitted, Conditional and Prohibited Uses" list as an exhibit of the DA, noting the following modifications: 1. List the following proposed "Permitted Uses" as "Conditional Uses": Bottling and Distribution Plant (Microbrewery Type) Hospitals • Molded Plastic Products • UtilityFacility — Major Warehouse Storage 2. Define "Standby Generators" 3. Add "Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 5 OF 30 separately under the application." (Per action of the City Council taken at their June 15, 2004 meeting.) 4. Add a footnote to the exhibit which states: "This list is not an exhaustive inventory of all vossible uses. When/if a use is proposed that is not specifically listed, such use shall be expresslX prohibited unless by a lication and authorization it is determined by the Planning and Zoning Administrator that said use is similar to and compatible with a listed permitted use. Such use(s) may then only be permitted as a conditional use, regardless of,the proposed site location." d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined. between the hours of 6:00 am and 8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.) e. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as being applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Market Square Aiuhexation: "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. • New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bins systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 6 OF 30 and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. • Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the nw-nber and Iocation of private driveway access connections to this important roadway." Mixed Use Development Policies A licable to the Market Square Annexation: • "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • Where mixed use developments are phased, a conceptual site plan. for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; + Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged.." 4. 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. 5. The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response to staff outlining the results of said discussions and any specific design standards ITD may request as part of this development. C. Adopt the Recommendations of ACRD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: FINDINGS OF FACT AND CONCLUSIONS OF .LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 7 OF 30 I . The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 60 -feet of right-of-way from centerline along Ustick Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and 48 feet of right-of-way from centerline along Ustick Road abutting the remainder of the site, and construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site. b. Do not dedicate additional right -of. --way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300 -feet from. any existing roadway (measured centerline to centerline). Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting the site and should construct a 5 -foot concrete sidewalk on the south side of the roadway abutting the site. 4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road intersection a minimum of 440 feet from the signalized intersection for a full -access driveway and a minimum of 220 feet from the signalized intersection for a right- in/right-out only driveway. 5. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230 -feet from any existing or proposed driveway or street. 6. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 8 OF 30 7. Construct the internal roadways in accordance with District policy. 8. Extend the existing stub street from the east property line into the site. 9. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334- 8300. 10. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way, 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 9 OF 30 8. Payment of applicable road. impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. ight- ofway. 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 fall business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD 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 Iaw in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1) Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a) Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b) The Fire hydrant shall not face a street which does not have addresses on it. c) Fire hydrant markers shall be provided per Public Works spec. d) Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e) Fire Hydrants shall be placed on corners. 0 Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2) All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3) Provide a 20' wide Fire Lane for all internal & external roadways. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 10 OF 30 4) Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5) Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6) 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 of 300' apart. 7) The conunercial project will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8) Maintain a separation of 5' from the building to the dumpster enclosure. 9) All processes & storage practices shall be required to comply with the International Fire Code. 10) Fire Sprinklers will be required for all buildings associated with this project. 11.) No Parking signs and painted curbs will be required for all Fire Lanes. 12) Provide exterior egress lighting as required by the International Building & Fire Codes. E. Adopt the Recommendations of the Meridian Police Department as follows: 1. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. F. Adopt the Recommendations of the Sanitary Services Co. as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped. (approved) plans with your certificate of zoning compliance application. G. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows: For clarification: 1. The Applicant shall not be required to construct vehicular access to the southernmost stub FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 1 I OF 30 street from Heather Meadows Subdivision located at the eastern boundary of the property, but shall construct a pedestrian pathway to connect to the stub street. 2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the property in place of the fencing. 3. The Applicant shall tile the Leighton Lateral with thirty inch concrete pipe. 4. The Applicant shall be required to comply with the ITD landscaping requirements for the frontage on Eagle Road. 5. The Applicant shall be required to provide a public plaza within the development. 6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and said sections shall now read as follows: B.3.0. Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed separately under the application. B.3.d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscaping design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 a.m. to 5:00 P.M. 7. The Applicant agreed at the June 15, 2004 public hearing, and will be required, to comply with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the development. S. With the provision of a sound wall on the east boundary, the Applicant shall only be required. to meet the current Meridian City Code requirements pertaining to landscaping east of the Lowe's building. In other words, a berm is not required. 12. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "Mixed Use -Regional." The purpose of the Mixed Use designation is "to provide for a combination of compatible land uses that are typically developed under a master or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 12 OF 30 conceptual plan ... and to identify key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (Chapter VII, pg. 97.) The requested C -G zoning generally conforms to this stated purpose and intent of the 1\4U -Regional designation. The applicant is not, however, indicating a mix of uses within this development. In addition to the Future Land Use Map, it is found that there are Comprehensive Plan text policies which both support and may not support this annexation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to the annexation and zoning application: Chapter IV, Goal 1, Obj, A, #6 Chapter V, Goal III, Obi. B, #8 Chapter VI, Goal 1, Obj. A, #3 Chapter VI, Goal II, Obj. A, #6 Chapter VII, pg. 98 Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal IV, Olj. A, #6 Chapter VII, pg. 98 13. The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. Champion Park Subdivision (aka "Parkstone") is a 100+ acre, mixed use development about a '/4 mile west of the subject property, the first phase of which has received final plat approval. Carol Professional Center is a six acre office park (zoned L-0) located approximately one half (%2) mile south of the subject property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 13 OF 30 subdivision located in Boise City east of the property. Therefore, it is found that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 14. It is found that there is only one (1) specific use listed in the application (superstore); all other uses are future. It is recommended that all of the future uses within the proposed C -G zone be restricted with. a DA. Further, to minimize potential noise, odor, air pollution, and visual pollution, the applicant and staff have prepared a list of uses for the DA. Some of the more intense uses will be processed through the Conditional Use Permit process. It is found that with an executed DA that sets guidelines for future uses on this site, and separate Conditional Use Permit review for future buildings, the requested zoning designation will be harmonious with and in accordance with the 2002 Comprehensive Plan and the MU -Regional designation. 15. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. Unless restricted as part of the DA, twenty-four (24) hour operations would be allowed on the site. Three (3) loading bays with overhead doors are proposed at the southeast corner of the building which may, depending upon delivery times, cause a disturbance. A trash compactor for the superstore is also proposed at the southeast corner of the site which may cause some disturbance to existing residential uses to the east and south. These and other future uses can be mitigated through appropriate screening and buffering techniques. 16. It is found that roadway improvements will be required on Ustick Road to handle the additional traffic generated by future development. The Public Works Department recently FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 14 OF 30 completed construction of the South Slough Trunk extension in the vicinity of this annexation. The project extended the trunk to the Eagle /Ustick Road intersection. Municipal water is currently available in Ustick Road in front of the property. A new fire substation was opened. earlier this year to serve this area. All other public services and facilities appear to be adequate to service this property. 17. It is found !hat this development will not cause excessive additional requirements at public cost. The South Slough Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 18. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. In addition, a DA could establish use parameters that would prevent detrimental effects. To comply with this finding, is recommended that a DA be entered into which addresses specific uses. In terms of traffic generation, this site has approximately 1,230 feet of fiontage on Ustick Road and 1,290 feet of frontage on Eagle Road. The Earth Tech Engineers traffic study submitted to ACHD estimates the site, at 2010 build -out, to generate 10,825 additional vehicle trips per day with an AM peak of 272 vehicles per hour and a PM peak of 945 vehicles per hour. Approximately 35% of the total traffic is projected to have Ustick Road destinations and 65% to have Eagle Road destinations. Ustick Road is not in ACHD's Five Year Work Plan but is in their CTP for roadway widening within the next 15 years. ACHD is allowing two driveways, a right-in/right-out and a full - :FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 15 OF 30 access, on Ustick Road. They have also preliminarily approved the new signal proposed at the east property line. Final determination will be made upon submittal of a development application (building permit). On April 23, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire and Police Departments submitted a list of conditions and needs in order to adequately serve the project, including restricted access to Eagle Road/SH 55 (see Finding H). The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). All of the detailed conditions from the Fire and Police Departments and other agencies/departments are addressed in number paragraph l I hereinabove. 19. It is found that the proposed and future uses will impact the level and flow of traffic on the surrounding streets. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), staff finds that the number of vehicular access points to Eagle Road/SH 55 should be restricted and comply with ITD Type IV access policies in order to preserve the capacity and movement on this roadway at build -out. City staff, including the Meridian, Fire and Police Departments, is recommending no new approaches be allowed to Eagle Road/SH 55. 20. There is an existing house on the eastern parcel (3 580 E. Ustick) which is listed in the Ada County Historic Sites Inventory as eligible for the National Register of Historic Places. However, it is found that this is not a scenic feature of "major" importance and this finding is technically met. FINDINGS OF :FACT AND CONCLUSIONS OF .LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 16 OF 30 21. It is found that the annexation of this property would be in the best interest of the City for the following reasons: • increased commercial land base supply for development along a primary corridor; • increased property tax revenue; municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. It is also found that during previous public hearings, the current property owner was led to believe that once an annexation path and municipal services were available to this site the City of Meridian would likely annex the property. This is especially pertinent given the fact that Boise City currently has services available and is contiguous to the north and east. 22. 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. 11, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 23. It is also found that the development considerations as referenced in Finding No. I l are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 17 OF 30 The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter IV, Goal 1, Obj. A, 46 Chapter V, Goal III, Obj. B, #8 Chapter V1, Goal 1, Obj. A, #3 Chapter VI, Goal 1I, Obj. A, 46 Chapter VII, pg. 98 Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal IV, Obj. A, #6 Chapter VII, pg. 98 5. The zoning of (C -G) General Retail and Service Commercial is defined in the Zoning Ordinance at § 11-7-2 K as follows - (C -G) Retail and Service Commercial: The purpose of the C -G District is to t_ provide for commercial. uses which are customarily operated entirely or almost entirely FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 18 OF 30 within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Palls, 105 Idaho 65, 665 P2d 1075 (i983))- 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. Pursuant to Section I 1-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: I. The applicant's request for annexation and zoning of approximately 36.93 acres to General Retail and Service Commercial (C -G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 36.93 acres. The legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 19 OF 30 shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: Modify the first sentence of condition 43.a.ii., pg. 11, of the 5113104 staff report, to read as follows: "The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -retail use." 2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the following activities/uses: compactor and emergency generator. 3. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence which reads: "All such activities shall be confined between the hours of 6:00 am and 8:00_pm." (Per action of the City Council taken at their Tune 15, 2004 meeting, hours shall be 6:00 a.m. to 8:00 p.m.) B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal. description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within. the Urban Service Planning Area. Essential City services are or will be made available to the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 20 OF 30 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and developer. The DA shall incorporate the following: a. Include the detailed and conceptual site plan (received by the City Clerk on April 16, revised) as an exhibit of the DA, noting approval with the following exceptions: i) Only the new, north -south road location and profile, Baldeypress, and the large retail building footprint with associated parking receive detailed approval at the time of annexation. All other representations on the site plan are conceptual and shall require separate detailed approvals through the City of Meridian in accordance with the Zoning and Subdivision Ordinances in effect at the time of development; ii) The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -retail. use. The Zoning Administrator is granted authority through this DA to determine whether a future use and/or site plan complies with the intent of this agreement; iii) The vehicular access points shown on the site plan to Eagle Road/SH 55 and Ustick Road are not approved and must be approved separately through ACRD and ITD; iv) The 20 -foot wide buffer between land uses on the east property line shall be constructed along the entire boundary prior to CO's being issued for any new building on the property. Additionally, the developer shall ensure a 6 -foot sound wall is constructed along the entire east property line; V) The parking ratio for the bulk retail use in the southeast corner shall be allowed to be one parking space per 250 sq. ft. of gross floor area; vi) A minimum 7 -foot wide pedestrian walkway shall be added to the site plan, extending north of the Ustick Road sidewalk on the east side of the middle driveway and across the drive aisle. b) Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the DA, noting approval with the following modifications: i) All roof -mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the property; ii) The free-standing sign shown on the cast elevation in the garden center is not approved. Only one free-standing sign shall be allowed on the Ustick Road frontage. c) Include the "Permitted Conditional and Prohibited Uses" list as an exhibit of the DA, noting the following modifications: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 21 OF 3 0 1. List the following proposed "Permitted Uses" as "Conditional Uses": • Bottling and Distribution Plant (Microbrewey Type) • Hospitals • Molded Plastic Products • Utility Facility — Major • Warehouse Storage 2. Define "Standby Generators" 3. Add "Any structure over 50,000 square feet shall require a conditional use permit for site Man review only and not for permitted uses, which are listed separately under the application." (Per action of the City Council taken at their June 15, 2004 meeting.) 4. Add a footnote to the exhibit which states: "This list is not an exhaustive inventory of all possible uses. When/if a use is proposed that is not specifically listed,,, such use shall be expressly prohibited unless by application and authorization it is determined by the Planning and Zoning Administrator that saiduse is similar to and compatible with a listed permitted use. Such .. h use s may then only be permitted as a conditional use, regardless of the proposed site location." d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and. acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 am and 8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.) e. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as being applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Market Square Annexation: • "Large development proposals that are likely to generate significant traffic should be assessed For their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND .DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 22 OF 30 • New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. • In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. • Eagle Road is the .major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway." Mixed Use Development Policies Applicable to the Market Square Amiexation: • "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE {AZ -04-009) PAGE 23 OF 30 The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response to staff outlining the results of said discussions and any specific design standards ITD may request as part of this development. C. Adopt the Recommendations of ACRD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon. District review of future development, to the City of Meridian: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected. solely from the applicant's specific development project) 60 -feet of right-of-way from centerline along Ustick Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and 48 feet of right-of-way from centerline along Ustick Road abutting the remainder of the site, and construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41. -feet from the centerline of Ustick Road on the remainder of the site. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300 -feet from any existing roadway (measured centerline to centerline). 3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting the site and should construct a 5 -foot concrete sidewalk on the south side of the roadway abutting the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 24 OF 30 4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road intersection a minimum of 440 feet from the signalized intersection for a full -access driveway and a minimum. of 220 feet from the signalized. intersection for a right- in/right-out only driveway. 5. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230 -feet from any existing or proposed driveway or street. 6. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 7. Construct the internal roadways in accordance with District policy. 8. Extend the existing stub street from the east property line into the site. 9. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334- 8300. 10. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 25 OF 30 herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLM (1-800-342.1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 26 OF 30 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'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' A ide Fire Lane for all internal & external roadways. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6. 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 of 300' apart. 7. The commercial project will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. All processes & storage practices shall be required to comply with the International Fire Code. 10. Fire Sprinklers will be required for all buildings associated with this project. 11. No Parking signs and painted curbs will be required for all Fire Lanes. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. E. Adopt the Recommendations of the Meridian Police Department as follows: 1. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 27 OF 30 F. Adopt the Recommendations of the Sanitary Services Co. as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. G. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows: For clarification: The Applicant shall not be required to construct vehicular access to the southernmost stub street from Heather Meadows Subdivision located at the eastern boundary of the property, but shall construct a pedestrian pathway to connect to the stub street. 2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the property in place of the fencing. 3. The Applicant shall tile the Leighton Lateral with thirty inch concrete pipe. 4. The Applicant shall be required to comply with the ;TD landscaping requirements for the frontage on Eagle Road. 5. The Applicant shall be required to provide a public plaza within the development. 6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and said sections shall now read as follows: B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed separately under the application. B.3.d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency gencrators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscaping design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 a.m. to 8:00 P.M. 7. The Applicant agreed at the June 15, 2004 public hearing, and will be required, to comply with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 28 OF 30 8. With the provision of a sound wall on the east boundary, the Applicant shall only be required to meet the current Meridian City Code requirements pertaining to landscaping east of the Lowe's building. In other words, a berm is not required. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -G) General Retail and Service Commercial, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 29 OF 30 By action of the City Council at its regular meeting held on the day of '2004, ROLL CALL COUNCILMAN SHAUN WARDLE VOTED__,O� COUNCILMAN BILL NARY VOTED��-- COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 7--15 — 0 MOTION: APPROVED: DISAPPROVED: 4 ri s ammy e ei d Attest: ,��`` Q!F Wk ' SEAL William G. Berg, Jr., Cit ler Copy served upon Applicant, the Planning, � � I ,ment, Public Works Department and the City Attorney. Sy: Dated: -1-23-04 City Clerk Z:IWork- MlMeridianWeridian 153601v WIarket 3gnare AZ-04-0091AZFfC1&0rder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04009) PAGE 30 OF 30 July 9, 2004 AZ 04-009 MERIDIAN CITY COUNCIL MEETING July 13, 2004 APPLICANT Smith Brighton ITEM NO. 20 REQUEST Development Agreement -- Request for Annexation and Zoning of 36.93 acres from RUT to C -G zones for Market Square - northeast corner of North Eagle Road and East Ustick 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 Development Agreement Contacted: ZmDate: —�'l Phone: Emailed: Staff Initials: WiL Materials presented at public meetings shall become property of the City of Meridian. 0-4 ADA COUNTY RECORDER J. DAVID NAVARROg BOISE IDAHO 0$120104 01:34 PM DEPUTY Joanne Hooper ffIIff gg I MERIAN CDREQUESTDP AMOUNT .00 1041 07404 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Caven, Inc., Owner 3. Ustick Marketplace, LLC/Developer Revised 07-08-04 THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this g ' day of 1tj , 2004, by and between CITY OF MERIDIAN, a municipal corporation of thd State of Idaho, hereafter called "CITY', and CAVEN, INC., whose address is 6874 Fairview Avenue, Boise, Idaho, hereinafter called "OWNER", and USTICK MARKETPLACE, LLC, whose address is 12601 W. Explorer Dr. Suite 200, Boise, Idaho, hereinafter called "DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner" and "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 Ordinance 1 I-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner" and "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C -G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 1 OF 28 Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the /9 'A -day of ✓— , 2004, 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 "Owner" and "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 2 OF 28 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 3 3 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Caven, Inc., whose address is 6874 Fairview Ave., Boise, Idaho, the party owning said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property" 3.3 "DEVELOPER": means and refers to Ustick Marketplace, LLC, whose address is 12601 W. Explorer Dr. Suite 200, Boise, Idaho, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C -G 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 and which are herein specified as follows: The applicant provided a detailed plan for the southern portion of the property, which includes a Lowe's store on 13.03 acres, DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 3 OF 28 and several pads for small service, commercial and retail in this general area, and general commercial on the remainder of the property. A detailed list of permitted conditional and prohibited rises for the entire site are listed in paragraph b., Conditions Governing Development of Subject Property. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has not presently submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof if a conditional use permit is submitted, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: Modify the first sentence of condition #3.a.ii., pg. 11, of the 5113/04 staff report, to read as follows: "The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -retail use." DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 4 OF 28 2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the following activities/uses: compactor and emeraeggj generator. 3. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence which reads: "All such activities shall be confined between the hours of 6:00 am and 8:002m." (Per action of the City Council taken at their June 15, 2004 meeting, hours shall be 6:00 a.m. to 8:00 p.m.) B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian. and State Tax Commission and places the parcel contiguous to existing city limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning Area. Essential City services are or will be made available to the subject property. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and developer. The DA shall incorporate the following: a. Include the detailed and conceptual site plan (received by the City Clerk on April 16, revised) as an exhibit of the DA (attached hereto as Exhibit C), noting approval with the following exceptions: i. Only the new, north -south road location and profile, Baldcypress, and the large retail building footprint with associated parking receive detailed approval at the time of annexation. All other representations on the site plan are conceptual and shall require separate detailed approvals through the City of Meridian in accordance with the Zoning and Subdivision Ordinances in effect at the time of development; ii. The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -retail use. The Zoning Administrator is granted authority through this DA to determine whether a fixture use and/or site plan complies with the intent of this agreement; DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 5 OF 28 iii. The vehicular access points shown on the site plan to Eagle Road/SH 55 and Ustick Road are not approved and must be approved separately through ACHD and ITD; iv. The 20 -foot wide buffer between land uses on the east property line shall be constructed along the entire boundary prior to CO's being issued for any new building on the property. Additionally, the developer shall ensure a 6 -foot sound wall is constructed along the entire east property line; V. The parking ratio for the bulk retail use in the southeast corner shall be allowed to be one parking space per 250 sq. ft. of gross floor area; vi. A minimum 7 -foot wide pedestrian walkway shall be added to the site plan, extending north of the Ustick Road sidewalk on the east side of the middle driveway and across the drive aisle. The pedestrian walkway may be delineated by paint or other surface treatment on the asphalt paving. Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the DA (attached hereto as Exhibit D), noting approval with the following modifications: i. All roof -mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the property; ii. The free-standing sign shown on the east elevation in the garden center is not approved. Only one free-standing sign shall be allowed on the Ustick Road frontage. c. Include the "Permitted, Conditional and Prohibited Uses" list, noting the following modifications: 1. List the following proposed "Permitted Uses" as "Conditional Uses": • Bottling and Distribution Plant (Microbrewery Type) • Hospitals • Molded Plastic Products • Utility Facility— Major • Warehouse Storage 2. Define "Standby Generators" DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 6 QF 28 3. Add "AW structure over 50,000 square feet shall require a conditional use permit for site 121an review only and not for permitted uses, which are listed separately under the application." (Per action of the City Council taken at their June 15, 2004 meeting.) 4. Add a footnote to the exhibit which states: "This list is not an exhaustive inventory of all possible uses When/if a use is proposed that is not specifically listed,. such use shall be expressly prohibited unless bryapplication and authorization it is determined by the Planning and Zoning Administrator that said use is similar to and compatible„with a listed permitted,use Such uses mqy then only be permitted as a conditional use regardless of the proposed site location.” d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 am and 8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.) e. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as being applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Market Square Annexation: • "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 7 OF 28 • New development should not rely on cul-de-sacs since they provide poor fire access, waikability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway." Mixed _Use Development Policies Applicable to the Market Square Annexation: • "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20- 26, 55 or 69; • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; ® Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 8 OF 28 4. 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. The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response to staff outlining the results of said discussions and any specific design standards ITD may request as part of this development. C. Adopt the Recommendations of ACHD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 60 -feet of right-of-way from centerline along Ustick Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and 48 feet of right-of-way from centerline along Ustick Road abutting the remainder of the site, and construct a minimum 5 - foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 9 OF 29 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300 -feet from any existing roadway (measured centerline to centerline). 3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting the site and should construct a 5 -foot concrete sidewalk on the south side of the roadway abutting the site. 4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road intersection a minimum of 440 feet from the signalized intersection for a full -access driveway and a minimum of 220 feet from the signalized intersection for a right-in/right-out only driveway. 5. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230 -feet from any existing or proposed driveway or street. 6. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 7. Construct the internal roadways in accordance with District policy. 8. Extend the existing stub street from the east property line into the site. 9. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300. 10. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 10 OF 28 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (I-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD 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. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 11 OF 28 I 1. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1) Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a) Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b) The Fire hydrant shall not face a street which does not have addresses on it. c) Fire hydrant markers shall be provided per Public Works spec. d) Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e) Fire Hydrants shall be placed on comers. f) Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2) All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3) Provide a 20' wide Fire Lane for all internal & external roadways. 4) Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5) Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6) 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 of 300' apart. 7) The commercial project will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 12 OF 28 8) Maintain a separation of 5' from the building to the dumpster enclosure. 9) All processes & storage practices shall be required to comply with the International Fire Code. 10) Fire Sprinklers will be required for all buildings associated with this project. 11) No Parking signs and painted curbs will be required for all Fire Lanes, 12) Provide exterior egress lighting as required by the International Building & Fire Codes. E. Adopt the Recommendations of the Meridian Police Department as follows: Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. F. Adopt the Recommendations of the Sanitary Services Co. as follows: Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. G. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows: For clarification: I . The Applicant shall not be required to construct vehicular access to the southernmost stub street from Heather Meadows Subdivision located at the eastern boundary of the property, but shall construct a pedestrian pathway to connect to the stub street. 2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the property in place of the fencing. 3. The Applicant shall tile the Leighton Lateral with thirty inch concrete pipe. 4. The Applicant shall be required to comply with the ITD Iandscaping requirements for the frontage on Eagle Road. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 13 OF 28 5. The Applicant shall be required to provide a public plaza within the development. 6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and said sections shall now read as follows: B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed separately under the application. B.3.d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscaping design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 a.m. to 8:00 p.m. 7. The Applicant agreed at the June 15, 2004 public hearing, and will be required, to comply with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the development. 8. With the provision of a sound wall on the east boundary, the Applicant shall only be required to meet the current Meridian City Code requirements pertaining to landscaping east of the Lowe's building. In other words, a berm is not required. 9. Uses will be governed by Meridian City Ordinance 11-8-1, Zoning Schedule of Use Control as may be amended from time to time. The following uses may also be developed as permitted uses: PERMITTED CONDITIONAL AND PROHIBITED USES Adult Day Care Animal Hospital Auction Establishment Automobile Related Business: Automobile Repair Shop -Minor; Service Station, Car Wash Bank, Financial Institution Bus Station Church Clinics (medical, dental, optical) Club, Lodge, Social Hall Convenience Store w/Gasoline Service DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 14 OF 28 Construction Businesses: Contractor's Shop, Sheet Metal Shop, Roofing Shop, Sign Painting Shop Driving Range Dry Cleaning Electrical Equipment and Products Electrical Supplies and Appliances Entertainment Centers: Indoor: Bowling Alley, Skating Rink, Arcade, Arena, Archery Entertainment Centers: Outdoor: Amusement Park, Ball Park (baseball, football, soccer,), Water Park, Batting Cages, Go Cart Track Flex Space: Office Warehouse Mix Golf Course Greenhouse, Nurseries (already permitted) Grocery Stores Hotels, Motels Indoor Firing Range Laboratories (medical, dental, optical) Laundry, Clothes Cleaning, Pressing Business Laundry, Industrial Laundry, Self -Service Mausoleum Medical Research Facilities Mortuary Newspaper and Printing Establishment Office Parking Lots: Commercial, Off -Site Accessory Parking Lot, Parking Garage/Structure Parks and Plazas Personal Service: Barber Shop, Massage Parlor, Beauty Salon Pharmacy Photography Studio Post -Secondary -Education Facilities Printing, Lithography, Publishing and Associated Reproduction, exclusive of Paper Manufacturing Public and Quasi -Public Uses Public Service Facilities Radio and Television Stations (except exterior communications facilities) Restaurants Retail Sales: Building Materials, Hay, Grain, Bulk Garden Supply, Heavy Machinery DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 15 OF 28 Seed and Garden Supply Self Service Storage Standby Generators Theater (excluding Drive -Ins) Utility Facility — Minor Vocational, Trade, Industrial Schools Wholesale Business The following uses may be allowed upon application and approval as conditional uses: Automobile Repair Shop — Major Bottling and Distribution Plant (Microbrewery Type Only) Child Care Facilities Communication Towers Drive-in, Drive-through Establishments Hospitals Missions, Food Kitchens Molded Plastic Products Residential (planned development required) Sales Lots Schools, Private (vocational, trade and industrial schools are permitted) Shelter Horne Utility Facility — Major Warehouse Storage The following uses, in addition to those included in Meridian Ordinance Section 11-5-1 as prohibited uses in the C -C and C -G zones (unless permitted/conditional use above), are expressly prohibited: Adult Business (bookstore, theater, performance) Alcohol Establishments (other than combined with restaurant service or hotel/motel facility) Boarding and Rooming House Bottling and Distribution Plant Composting Facility Halfway House Nursing Homes and Sanitariums Recreational Vehicle Park Truck Terminal DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 16 OF 28 Truck Stop Uses This list is not an exhaustive inventory of all possible uses. When/if a use is proposed that is not specifically listed, such use shall be expressly prohibited unless by application and authorization it is determined by the Planning and Zoning Administrator that said use is similar to and compatible with a listed permitted use. Such use(s) may then only be permitted as a conditional use, regardless of the proposed site location. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner's" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and "Developer" consent upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the "City" first providing written notice of default and an opportunity to cure as set forth in Section 13, upon the following conditions precedent to -wit: 8.1 That the City provide written notice of any failure to comply with this Agreement to "Owner" and "Developer" and if the "Owner" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 17 OF 28 10.1 In the event "Owner's" and "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may, after the "City" first provides written notice of such default and an opportunity to cure as set forth in Section 13, be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and "Developer" 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "Owner" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the sante prior to the non -breaching parry's seeking of any remedy provided DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 18 OF 28 for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: If the "Developer" requests to record the final plat or requests issuance of a final Certificate of Occupancy for building before it installs all the improvements required under this Agreement, the "City" may, as a condition of granting such request, require the "Developer" to provide the "City" with 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 "Owner" and "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ -04009) PAGE 19 OF 28 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer Caven, Inc. City of Meridian 6874 Fairview Avenue 33 E. Idaho Ave. Boise, Idaho Meridian, ID 83642 with copy to: DEVELOPER: City Clerk Ustick Marketplace, LLC City of Meridian 12601 W. Explorer Drive Suite 200 33 E. Idaho Ave. Boise, Idaho 83713 Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in DEVELOPMENT AGREEMENT (AZ -04-004) PAGE 20 OF 28 office. This Agreement shall be binding on the "Owner" and "Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and "Developer" has fully performed its obligations under this Agreement. 21, INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "Developer" 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 "Owner" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 21 OF 28 ACKNOWLEDGMENTS 1N WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERICAVEN, INC.: DEVELOPERIUSTICK MARKETPLACE, LLC: BY: Smith Brighton, LLC BY: tthew C. Sm# Member CITY OF MERIDIAN BY:7_7 / GAG fit/ MAY WEERD DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 22 OF 29 Attest: ` `�•` �`9, °'�,y B� BEAL ^ ' , CITY CLERK STATE OF IDAHO ) .r{ ,,a :ss COUNTY OF ADA ) On this 4k day of uc'14, in the year 2004, before me, a Notary Public, personally appeared J RRY CAVEN, known or identified to me to be the Pr:91 &.a, of CAVEN, INC., who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same i�a4tsae®a�aa a to Cap a •fie ALNotary Public for Idaho �puBL oso�C>y�d Residing at: �Y)cc6cLt ., Z ,,� ••®•'` ���.' Commission expires: 6 S � ► i'H0 ) :ss COUNTY OF AHA ) vpfi[eq On this day of , in the year 2004, before me, a Notary Public, personally appeared known or identified to nye to be ther' Llzir Gl C of USTICK MARKETPLACE, LLC, who executed the instrument on behalf of said limited liability company, and acknowledged to nye that such limited liability company executed the same. 'a612111aetr� Q IJI�//16G/ f o0° se 6 ® � '®` OTAI?k o� dw® * • e ( JU4, (*w ' ; Notary Public f r Idaho •• ®`ear O w`� �, 00•.0.4 Residing at: AGREEMENT (AZ -04-009) ft PAGE 23 OF 29 STATE OF IDAHO ) :ss County of Ada ) On this day of JL.L ty _, in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 6+e�q#sesames+$'`®� e e®o! ,i w ® 6 (SEAL) ® o : PUBIA J J, !! ,® �. w�s4 e04!!r!!!!0 OF �9 Qe4eeo ZA Square A7--04-0091Deve1opAgr.doc DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 24 OF 28 N c EXHIBIT A LEGAL DESCRIPTION A parcel of land being the SW 1/4 SW `/4 of Section 33, Township 4 North, Range I East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the SW corner of said Section 33, said corner monumented with a'/2 -inch diameter iron pin; Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundary of said SW %4 SW %4 to the NW corner of said SW 1/ SW 1/ (S 1/16 corner common to Sections 32 and 33); Thence S. 89047'55" E., a distance of 1329.19 feet along the northerly boundary of said SW 1/4 SW 1/ to the NE corner of said SW 1/4 SW 1/ (SW 1/16 corner), said corner monumented with a 5/8 -inch diameter iron pin; Thence S. 0°29'08" W., a distance of 1326.66 feet along the easterly boundary of said SW % SW 1/ to the SE corner of said SW % SW 1/4 (W 1116 corner common to Sections 4 and 33); Thence N. 89°49'08" W., a distance of 1329.70 feet along the southerly boundary of said SW `/4 SW %4 to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in the Office of the Ada County Recorder. This information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field survey. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 25 OF 28 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 26 OF 28 I_WilI.3..1lTJi Detailed and Conceptual Site Plan DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 27 OF 28 V Ilk 1 V-3 v 011 4 Building Elevations drawn by SSOE, inc. DEVELOPMENT AGREEMENT (AZ -04-009) PAGE 28 OF 28 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 36.93 ACRES FOR PROPOSED MARKET SQUARE FROM RUT TO G -C, LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF USTICK ROAD AND EAGLE ROAD/SH 55, IMMEDIATELY NORTH OF THE PROPOSED KISSLER/COBBS/EAGY/RUWE ANNEXATION AND WEST OF PROVIDENCE PLACE SUBDIVISION, TOWNSHIP 4 NORTH, RANGE 1 EAST, SECTION 33, MERIDIAN, IDAHO SMITH BRIGHTON, APPLICANT CIC 06/15/04 Case No. AZ -04-009 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 June 15, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, David Turnbull, Tish Gilbert, Tom Davis, Sherry Kusic, Emma Beck, Antonio Kusic, Richard Beck, Carol Stringham, Scott Hamden, Coralee Kleeberg, and Kirk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE I OF 30 Carroll, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in .Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles I 1 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. The property which is the subject of the application for annexation and zoning as described in the application, is approximately 36.93 acres in size and is located on the northeast corner of the intersection of Ustick Road and Eagle Road/SH 55, immediately north of the proposed Kissler/Cobbs/Eagy/Ruwe annexation and west of Providence Place Subdivision, Township 4 North, Range I East, Section 33, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan.. 4. The owner of record of the subject property is Caven, Inc. is the current property owner and has submitted notarized consent for the subject application. Applicant is Smith Brighton of Boise, Idaho. The property is presently zoned RUT (Ada County). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 2 OF 30 6. The Applicant requests the property be zoned as C -G (General Retail and Service Commercial). 7. The Applicant proposes to develop the subject property in the following manner: The applicant provided a detailed plan for the southern portion of the property, which includes a Lowe's store on 15.4 acres, and several pads for small service, commercial and retail in this general area, and general commercial on the remainder of the property A detailed list of permitted conditional and prohibited uses for the entire site will be listed in Item Number 6. of the Development Agreement, entitled Conditions Governing Development of Subject Property. 8. The Applicant requests zoning of the subject real property to C -G (General Retail and Service Commercial), which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Mixed Use -Regional. There is a historic structure on the parcel which may affect the consideration of this application. There are no other scenic or natural features of major importance. 10. The City Council recognizes the concerns of Allen Jamison, David Boeheckcr, Carl Gilbert, Scott Hamden, Steve Holland, Richard Beck and Carol Stringham. 11. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 3 OF 30 A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: 1. Modify the first sentence of condition 43.adi., pg. 11, of the 5/13/04 staff report, to read as follows: "The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -retail use." 2. Add to Annexation and Zoning Facts and Conditions #F3.d, pg. 12, the following activities/uses: com actor and emergency generator. 3. Add to Annexation and Zoning Facts and Conditions 43.d., pg. 12, a new sentence which reads: "All such activities shall be confined between the hours of 6:00 am and $:00 pm." (Per action of the City Council taken at their ,lune 15, 2004 meeting, hours shall be 6:00 a.m. to 8:00 p.m.) B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning Area. Essential City services are or will be made available to the subject property. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and developer. The DA shall incorporate the following: a. Include the detailed and conceptual site plan (received by the City Clerk on April 16, revised) as an exhibit of the DA, noting approval with the following exceptions: i. Only the new, north -south road location and profile, Baldcypress, and the large retail building footprint with associated parking receive detailed approval at the time of annexation. All other representations on the site plan are conceptual and shall require separate detailed approvals through the City of Meridian in accordance with the Zoning and Subdivision Ordinances in effect at the time of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 4 OF 3 0 ii. The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non-retaiI use. The Zoning Administrator is granted authority through this DA to deterinine whether a future use and/or site plan complies with the intent• of this agreement; iii. The vehicular access points shown on the site plan to Eagle Road/SH 55 and Ustick Road are not approved and must be approved separately through ACRD and ITD; iv. The 20 -foot wide buffer between land uses on the east property line shall be constructed along the entire boundary prior to CO's being issued for any new building on the property. Additionally, the developer shall ensure a 6 - foot sound wall is constructed along the entire east property line; V. The parking ratio for the bulk retail use in the southeast corner shall be allowed to be one parking space per 250 sq. ft. of gross floor area; Vi. A minimum 7 -foot wide pedestrian walkway shall be added to the site plan, extending north of the Ustick Road sidewalk on the east side of the middle driveway and across the drive aisle. b. Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the DA, noting approval with the following modifications: i. All roof -mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the property; ii. The free-standing sign shown on the east elevation in the garden center is not approved. Only one free-standing sign shall be allowed on the Ustick Road frontage. c. Include the "Permitted Conditional and Prohibited Uses" list as an exhibit of the DA, noting the following modifications: 1. List the following proposed "Permitted Uses" as "Conditional Uses": • Bottling and Distribution Plant (Microbrewery Type) • Hospitals • Molded Plastic Products • Utility Facility — Major • Warehouse Storage 2. Define "Standby Generators" 3. Add "Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for Permitted uses which are listed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 5 OF 3 0 separately under the gp lication " (Per action of the City Council taken at their June 15, 2004 meeting.) -4. Add a footnote to the exhibit which states: , "This list is not an exhaustive inventou of all possible uses. When/if a use is ro oscd that is not specifically listed, such use shall be expressly Prohibited unless by application and authorization it is determined by the Planning and Zoning.Administrator that said use is similar to and compatible with a listed permitted use. Such uses may then -only be permitted as a conditional use, regardless of the Proposed site location." d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 am and 5:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.) e. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as being applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable „to the Market Square Annexation: ® "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. ® New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should. be designed to encourage walking and bicycling. ® In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. ® Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 6 OF 30 and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. ® Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway." Mixed Use Development Policies Applicable to the Market Square Annexation: • "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; ® Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; • M developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; ® Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. 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. 5. The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response to staff outlining the results of said discussions and any specific design standards ITD may request as part of this development. C. Adopt the Recommendations of ACRD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 7 OF 30 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 60 -feet of right-of-way from centerline along Ustick Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and 48 feet of right-of-way from centerline along Ustick Road abutting the remainder of the site, and construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, Iocated a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300 -feet from any existing roadway (measured centerline to centerline). 3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting the site and should construct a 5 -foot concrete sidewalk on the south side of the roadway abutting the site. 4. Construct the driveway that intersects Ustick Road near the Ustick Road/Eagle Road intersection a minimum of 440 feet from the signalized intersection for a full -access driveway and a minimum of 220 feet from the signalized intersection for a right- in/right-out only driveway. 5. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230 -feat from any existing or proposed driveway or street. 6. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 8 OF 30 7. Construct the internal roadways in accordance with District policy. S. Extend the existing stub street from the east property line into the site. 9. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334- 8300. 10. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval I . Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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 MARKET SQUARE (AZ -04-009) PAGE 9 OF 30 0 1) Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right - of way. The applicant at no cost to ACRD 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 ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD 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 plaruied 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. Adopt the Recommendations of the Meridian Fire Department as follows.. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a) Fire Hydrants shall have the 4 %z" 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. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10' C) f) 2) All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3) Provide a 20' wide Fire Lane for all internal & external roadways. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 10 OF 30 f 4) Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5) Fire lanes and streets shall have a vertical clearance of 13'6". This includes -mature landscaping. 6) 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 of 300' apart. 7) The commercial project will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group aur requests for service are projected to reach 2800 111 the year 2005 and 3 800 by the year 2010. 8) Maintain a separation of 5' from the building to the dumpster enclosure. 9) All processes & storage practices shall be required to comply with the International Fire Code. 10) Fire Sprinklers will be required for all buildings associated with this project. 11) No Parking signs and painted curbs will be required for all Fire Lanes. 12) Provide exterior egress lighting as required by the International Building & Fire Codes. E. Adopt the Recommendations of the Meridian Police Department as follows: 1. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. F. Adopt the Recommendations of the Sanitary Services Co. as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. G. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows: For clarification: 1. The Applicant shall not be required to construct vehicular access to the southernmost stub FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 11 OF 30 street from Heather Meadows Subdivision located at the eastern boundary of the property, but shall construct a pedestrian pathway to connect to the stub street. 2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the property in place of the fencing. The Applicant shall tile the Leighton Lateral with thirty inch concrete pipe. 4. The Applicant shall be required to comply with the ITD landscaping requirements for the frontage on Eagle Road. 5. The Applicant shall be required to provide a public plaza within the development. 6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and said sections shall now read as follows: B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed separately under the application. B.3.d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscaping design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 a.m. to 8:00 p.m. 7. The Applicant agreed at the June 15, 2004 public hearing, and will be required, to comply with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the development. 8. With the provision of a sound wall on the east boundary, the Applicant shall only be required to meet the current Meridian. City Code requirements pertaining to landscaping east of the Lowe's building. In other words, a berm is not required. 12. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "Mixed Use -Regional." The purpose of the Mixed Use designation is "to provide for a combination of compatible land uses that are typically developed under a master or .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 12 OF 30 conceptual plan. ..and to identify key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportw-Lities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (Chapter VII, pg. 97.) The requested C -G zoning generally conforms to this stated purpose and intent of the NIU -Regional designation. The applicant is not, however, indicating a mix of uses within this development. In addition to the Future Land Use Map, it is found that there are Comprehensive Plan text policies which both support and may not support this annexation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to the annexation and zoning application: Chapter IV, Goal I, Obj . A, #6 Chapter V, Goal III, Obi. B, #8 Chapter VI, Goal I, Obi. A, 93 Chapter VI, Goal 11, Obj. A, 46 Chapter VII, pg. 98 Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal IV, Obj. A, 46 Chapter VII, pg. 98 13. The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commercial/urban type development. Champion Park Subdivision (aka "Parkstone") is a 100+ acre, mixed use development about a '/ mile west of the subject property, the first phase of which has received final plat approval. Carol Professional Center is a six acre office park (zoned L -O) located approximately one half (1/2) mile south of the subject property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 13 OF 30 subdivision located in Boise City east of the property. Therefore, it is found that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 14. It is found that there is only one (1) specific use listed in the application (superstore); all other uses are future. It is recommended that all of the future uses within the proposed C -G zone be restricted with a DA. Further, to minimize potential noise, odor, air pollution, and visual pollution, the applicant and staff have prepared a Inst of uses for the DA. Some of the more intense uses will be processed through the Conditional Use Permit process. It is found that with an executed DA that sets guidelines for future uses on this site, and separate Conditional Use Permit review for future buildings, the requested zoning designation will be harmonious with and in accordance with the 2002 Comprehensive Plan and the MU -Regional designation. 15. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. Unless restricted as part of the DA, twenty-four (24) hour operations would be allowed on the site. Three (3) loading bays with overhead doors are proposed at the southeast corner of the building which may, depending upon delivery times, cause a disturbance. A trash compactor for the superstore is also proposed at the southeast corner of the site which may cause some disturbance to existing residential uses to the east and south. These and other future uses can be mitigated through appropriate screening and buffering techniques. 16. It is found that roadway improvements will be required on Ustick Road to handle the additional traffic generated by future development. The Public Works Department recently FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-004) PAGE 14 OF 30 completed construction of the South Slough Trunk extension in the vicinity of this annexation. The project extended the trunk to the Eagle /Ustick Road intersection. Municipal water is currently available in Ustick Road in front of the property. A new fire substation was opened earlier this year to serve this area. All other public services and facilities appear to be adequate to service this property. 17. It is .found `Tat this development will not cause excessive additional requirements at public cost. The South Slough Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 18. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. In addition, a DA could establish use parameters that would prevent detrimental effects. To comply with this finding, is recommended that a DA be entered into which addresses specific uses. In terms of traffic generation, this site has approximately 1,230 feet of frontage on Ustick Road and 1,290 feet of frontage on Eagle Road. The Earth Tech Engineers traffic study submitted to ACHD estimates the site, at 2010 build -out, to generate 10,825 additional vehicle trips per day with an AM peak of 272 vehicles per hour and a PM peak of 945 vehicles per hour. Approximately 35% of the total traffic is projected to have Ustick Road destinations and 65% to have Eagle Road destinations. Ustick Road is not in ACHD's Five Year Work Plan but is in their CIP for roadway widening within the next 15 years. ACRD is allowing two driveways, a right-in/right-out and a full - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 15 OF 30 access, on Ustick Road. They have also preliminarily approved the new signal proposed at the east property line. Final determination will be made upon submittal of a development application (building permit). On April 23, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire and Police Departments submitted a list of conditions and needs in order to adequately serve the project, including restricted access to Eagle Road/SH 55 (see Finding H). The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). All of the detailed conditions from the Fire and Police Departments and other agencies/departments are addressed in number paragraph I I hereinabove. 19. It is found that the proposed and future uses will impact the level and flow of traffic on the surrounding streets. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), staff finds that the number of vehicular access points to Eagle Road/SH 55 should be restricted and comply with ITD Type IV access policies in order to preserve the capacity and movement on this roadway at build -out. City staff, including the Meridian Fire and Police Departments, is recommending no new approaches be allowed to Eagle Road/SH 55. 20. There is an existing house on the eastern parcel (3 580 E. Ustick) which is listed in the Ada County Historic Sites Inventory as eligible for the National Register of Historic Places. However, it is found that this is not a scenic feature of "major" importance and this finding is technically met. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 16 OF 30 21. It is found that the annexation of this property would be in the best interest of the City for the following reasons: ® increased commercial land base supply for development along a primary corridor; increased property tax revenue; ® municipal services are available to the area; and ® application substantially complies with the Comprehensive Plan. It is also found th- t during previous public hearings, the current property owner was led to believe that once an annexation path and municipal services were available to this site the City of Meridian would likely annex the property. This is especially pertinent given the fact that Boise City currently has services available and is contiguous to the north and east. 22. 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. 11, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 23. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 17 OF 30 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11--16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter W, Goal I, Obj. A, #6 Chapter V, Goal III, Obj. B, #8 Chapter VI, Goal I, Obj. A, 43 Chapter VI, Goal II, Obj. A, #6 Chapter VII, pg. 98 Chapter VII, Goal I, Obj. B, 45 Chapter VII, Goal IV, Obi. A, #6 Chapter VII, pg. 98 The zoning of (C -G) General Retail and Service Commercial is defined in the Zoning Ordinance at § 11-7-2 K as follows: p GI General Retail uses which Commercial: The purpose of the C -G District is to al Retail and Service provide for c h are customarily operated entirely or almost entirely FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 18 OF 30 within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning, of land is a legislative function., the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho 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 Iimited 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 I 1-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately 36.93 acres to General Retail and Service Commercial (C -G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 36.93 acres. The legal description FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 19 OF 30 shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: Modify the first sentence of condition #3.a.ii., pg. 11, of the 5113/04 staff report, to read as follows: "The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -retail use." 2. Add to Annexation and Zoning Facts and Conditions 43.d, pg. 12, the following activities/uses: compactor and emergency generator. 3. Add to Annexation and Zoning Facts and Conditions #3.d., pg. 12, a new sentence which reads: "All such activities shall be confined between the hours of 6:00 am and 5:,00 pm." (Per action of the City Council taken at their Tune 15, 2004 meeting, hours shall be 6:00 a.m. to 8:00 p.m.) B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. (Note: This assumes final passage of either the Kissler or Blue Marlin pending annexations prior to approval of this application.) 2. The subject property is within the Urban Service Planning Area. Essential City services are or will be made available to the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-004) PAGE 20 OF 30 �. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and developer. The DA shall incorporate the following: a. Include the detailed and conceptual site plan (received by the City Clerk on April 16, revised) as an exhibit of the DA, noting approval with the following exceptions: i) Only the new, north -south road location and profile, Baldcypress, and the large retail building footprint with associated parking receive detailed approval at the time of annexation. All other representations on the site plan are conceptual and shall require separate detailed approvals through the City of Meridian in accordance with the Zoning and Subdivision Ordinances in effect at the time of development; ii) The 12 acres shown as "Commercial" on the north end of the site shall be required to incorporate some professional office or another non -retail use. The Zoning Administrator is granted authority through this DA to determine whether a future use and/or site plan complies with the intent of this agreement; iii) The vehicular access points shown on the site plan to Eagle Road/SH 55 and Ustick Road are not approved and must be approved separately through ACRD and ITD; iv) The 20 -foot wide buffer between land uses on the east property line shall be constructed along the entire boundary prior to CO's being issued for any new building on the properly. Additionally, the developer shall ensure a 6 -foot sound wall is constructed along the entire east property line; v) The parking ratio for the bulk retail use in the southeast corner shall be allowed to be one parking space per 250 sq. ft. of gross floor area; vi) A minimum 7 -foot wide pedestrian walkway shall be added to the site plan, extending north of the Ustick Road sidewalk on the east side of the middle driveway and across the drive aisle. b) Include the four (4) building elevations, drawn by SSOE, Inc., as an exhibit of the DA, noting approval with the following modifications: i) All roof -mounted HVAC and other mechanical equipment shall be screened so as not to be visible from either Eagle Road/SH 55 or Ustick Road abutting the property; ii) The free-standing sign shown on the east elevation in the garden center is not approved. Only one free-standing sign shall be allowed on the Ustick Road frontage. c) Include the "Permitted Conditional and Prohibited Uses" list as an exhibit of the DA, noting the following modifications: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 21 OF 30 1. List the following proposed "Permitted Uses" as "Conditional Uses": • Bottling and Distribution Plant (Microbreweiy Type) ® Hospitals ® Molded Plastic Products • Utility Facility -w Major o Warehouse Storage 2. Define "Standby Generators" 3. Add "Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for ermitted uses which are listed separately under the application." (Per action of the City Council taken at their June 15, 2004 meeting.) 4. Add a footnote to the exhibit which states: "This list is not an exhaustive inventory of all possible uses. When/if a use is progosed that is not specifically listed such use shall be expressly rohibited unless by application and authorization it is determined by the Plannin2 and Zoning Administrator that said use is similar to and compatible with a listed permitted use. Such uses may then only be permitted as a conditional use, regardless of the proposed site location." d. The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscape design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 5:00 am and 8:00 pm." (Per action of the City Council taken at their June 15, 2004 meeting.) e. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as being applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Market Square Annexation: "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 22 OF 30 ® New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. ® In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. + Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI -3 and VI -4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. o Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway." Mixed Use Develo meat Policies A licable to the Market S ware Annexation: + "Where feasible, multi -fancily residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; ® Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; + In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; + Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 23 OF 30 5. The applicant shall contact ITD District 3 regarding the design of the Eagle Road/SH 55 sidewalk and landscape buffer. Provide a written response to staff outlining the results of said discussions and any specific design standards ITD may request as part of this development. C. Adopt the Recommendations of ACRD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: 1. The applicant shall do one of the following. a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 60 -feet of right-of-way from centerline along Ustick Road at the Ustick Road and Eagle Road intersection (for approximately 500 feet) and 48 feet of right-of-way from centerline along Ustick Road abutting the remainder of the site, and construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet from centerline at the intersection. of Ustick Road and Eagle Road and 41 -feet from the centerline of Ustick Road on the remainder of the site, in an easement provided to the District. c. Do not dedicate additional right -of --way, but construct a minimum 5 -foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300 -feet from any existing roadway (measured centerline to centerline). 3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement abutting the site and should construct a 5 -foot concrete sidewalk on the south side of the roadway abutting the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 24 OF 30 4. Construct the driveway that intersects Ustick Road near the Ustick Road/EagIe Road intersection a minimum of 440 feet from the signalized intersection for a full -access driveway and a minimum of 220 feet from the signalized intersection for a right- in/right-out only driveway. 5. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230 -feet from any existing or proposed driveway or street. 6. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 7. Construct the internal roadways in accordance with District policy. 8. Extend the existing stub street from the east property line into the site. 9. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334- 8300. 10. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 25 OF 30 herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. ight- ofway. 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 ACED 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 Recommendations of the Meridian Fire Department as follows: 1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 26 OF 30 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 IV. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' vide Fire Lane for all internal & external roadways. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6. 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 of 300' apart. 7. The commercial project will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. Maintain a separation of 5' from the building to the durnpster enclosure. 9. All processes & storage practices shall be required to comply with the International Fire Code. 10. Fire Sprinklers will be required for all buildings associated with this project. I L No Parking signs and painted curbs will be required for all Fire Lanes. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. E. Adopt the Recommendations of the Meridian Police Department as follows: 1. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 27 OF 30 F. Adopt the Recozninendations of the Sanitary Services Co. as follows. L Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. G. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows: For clarification: 1. The Applicant shall not be required to construct vehicular access to the southernmost stub street from Heather Meadows Subdivision located at the eastern boundary of the property, but shall construct a pedestrian pathway to connect to the stub street. 2. The Applicant shall provide and install a sound barrier on the eastern most boundary of the property in place of the fencing. 3. The Applicant shall tile the Leighton Lateral with thirty inch concrete pipe. 4. The Applicant shall be required to comply with the ITD landscaping requirements for the frontage on Eagle Road. 5. The Applicant shall be required to provide a public plaza within the development. 6. Pertaining to the Staff Report, and in particular to sections B.3.c.3. and B.3.d., and said sections shall now read as follows: B.3.c.3. Any structure over 50,000 square feet shall require a conditional use permit for site plan review only and not for permitted uses, which are listed separately under the application. B -3-d- The following standard shall apply to all development on the subject property: "All loading docks, compactors, emergency generators, trash collection, outdoor storage or similar facilities and functions shall be incorporated into the overall building and/or landscaping design so that the visual and acoustic impacts of said functions are minimized. All such activities shall be confined between the hours of 6:00 a.m. to 8:00 P.M. 7. The Applicant agreed at the June 15, 2004 public hearing, and will be required, to comply with the restrictions on the permitted uses, and shall meet the mixed-use requirements for the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 28 OF 30 With the provision of a sound wall on the east boundary, the Applicant shall only be required to meet the current Meridian City Code requirements pertaining to landscaping east of the Lowe's building. In other words, a berm is not required. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation, and zoning designation of the real property which is the subject of the application to (C -G) General Retail and Service Commercial, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 29 OF 30 By action of the City Council at its regular meeting held on the —a7!L day of 2004. ROLL CALL COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 7-/5 — o ,f— APPROVED: DISAPPROVED: '41 44yor, i , Attest: .�```l�01F M— William G. Berg, Jr., Copy served upon Applicant, the the City Attorney. SEAL �ningr�� Lament, Public Works Department and VOTED VOTED_66��— VOTED__�t� VOTED_ - ate VOTED By:, . Dated: - " City Clerk Z:1Workliv[IMeridian\Meridian I5360M\MarketSquare AZ-04-0091AZFf0&order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MARKET SQUARE (AZ -04-009) PAGE 30 OF 30 July 9, 2004 MERIDIAN CITY COUNCIL MEETING July 13, 2004 AZ 04--009 APPLICANT Smith Brighton ITEM NO. ZI REQUEST Ordinance — Request for Annexation and Zoning of 36.93 acres from RUT to C -G zone for Market Square - northeast corner of North Eagle Road and East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 41," O ! MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: v SANITARY SERVICE COMPANY (N" CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: SLI --' Date: 1 _ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 041 e q , passed by the City Council of the City of Meridian, on the day of �cI , 2004, is a true and correct copy of the original of said document which is in the care, c tody and controt,of ti'i1p" 149tyr,,� Clerk of the City of Meridian. AL WILLIAM G. BERG, 1\ 011 STATE OF IDAHO, SS. County of Ada, On this f34_�`day of ud , in the year �ooq , before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. 01 `i�`�4CPT!O�A+sf.+s`O+ m000000s® r �aTARr � e 41 (SEAL) ®� N -PUBL� C *Y w1VIS1 � for Idaho Expires: a CERTIF.ICAT.ION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -04-009 ZAWorL%M\Meridian\Meridian 15360MtiMarket Square AZ-04-0091CeriificationOfClerkOrd.doc KEVIN DINjus JULIE KLEIN FISCHER CI IRISTOPHER D. GABBERT WM, F, GIGRAY, III T. GUY HALL.AM ** JILL S. HOLINKA JOHN R. KORMANIK WILLIAM A. MORROW WILLIAM F. NICHOLS ** William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 57001? FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 June 18, 2004 Re: Ordinance No. 04-�, (Caven, Inc.) Summary of Publication Dear Will: CHRISTOPHER S. NYC PHILIP A. PLTFRSON TODD A. RoSsMAN TGRRENCE R. WHITE *** * Also ad]nitted in CA ** Also admitted in OR w** Also admitted in WA .Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Caven, Inc., 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 § 50-901(A). Very truly your Wrn. F. Ni hols Enclosure ZAWorkWWeridian\Meridian 15360MW1arket Square AZ-04-0091Berg Sum Ord I.tr 06 19 04.dor NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of .Meridian granting annexation and zoning for land owned by Caven, Inc., to be known as Market Square, consisting of 36.93 acres and commonly located on the northeast corner of the intersection of Ustick Road and Eagle Road/SH 55, immediately north of the proposed Kissler/Cobbs/Eagy/Ruwe, annexation and west of Providence Place Subdivision, Township 4 North, Range 1 East, Section 33, Meridian, Idaho, more particularly described as follows: LEGAL DESCRIPTION A parcel of land being the SW 1/4 SW'/4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the SW corner of said Section 33, said corner monumented with a V2 -inch diameter iron pin; Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundary of said SW '/4 SW '/4 to the NW corner of said SW'/ SW '/ (S 1/16 corner common to Sections 32 and 33).- Thence 3); Thence S. 89°47'55" E., a distance of 1329.19 feet along the northerly boundary of said SW'/ SW'/4 to the NE corner of said SW 1/4 SW 1/ (SW 1/16 corner), said corner monumented with a 5/8 -inch diameter iron pin; Thence S. 0°29'08" W., a distance of 1326.66 feet along the easterly boundary of said SW 1/ SW '/4 to the SE corner of said SW % SW %4 (W 1/16 corner common to Sections 4 and 33); Thence N. 89°49'08" W., a distance of 1329.70 feet along the southerly boundary of said SW 1/ SW '/ to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in the Office of the Ada County Recorder. This information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 3769, Instr, No. 97008745", and is not based on an actual field. survey. 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 -f-�= day of KL '2004. i City of MeridianBEAL Mayor and City Council -P By: William G. Berg, Jr., City Clerk Z) T �S �CP `z� First Reading: Adopted after first reading by suspension of the'1 Iii6' ' allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading. '- ZAWorklM\Meridian\Meridian 15360MIMarket Square AZ-04-0091SUMANNEXZ0NG0RD.doc ADA COUNTY RECORDER J. DAV` 1VARRO 5 BOISE IDAHO 07/23104 02;59 PM" DEPUTY Vicki Allen RECORDED—REQUEST OF !I I I I I Meridian City AMOUNT .00 104093295 CITY OF MERIDIAN ORDINANCE NO. 04- / &9 10 1I AN ORDINANCE FINDING THAT, CAVEN, INC., THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF USTICK ROAD ND EAGLE ROAD/SH 55, IMMEDIATELY NORTH OF THE PROPOSED KISSLER/COBBS/EAGY/RUWE ANNEXATION AND WEST OF PROVIDENCE PLACE SUBDIVISION, IN TOWNSHIP 4 NORTH, RANGE I EAST, SECTION 33, MERIDIAN, IDAHO, TO BE KNOWN AS MARKET SQUARE 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 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 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 atmexation to the City of Meridian, Idaho, by the owner of said Property, to -wit: ANNEXATION AND ZONING ORDINANCE (AZ -04-009) - 1 LEGAL DESCRIPTION A parcel of land being the SW '/4 SW 1/ of Section 33, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the SW corner of said Section 33, said corner monumented with a'/2 -inch diameter iron pin; Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundary of said SW 1/ SW 1/4 to the NW corner of said SW 1/ SW 1/4 (S 1/16 corner common to Sections 32 and. 33); Thence S. 89°47'55" E., a distance of 1329.19 feet along the northerly boundary of said SW %4 SW '/4 to the NE corner of said SW '/ SW '/ (SW 1116 corner), said corner monumented with a 518 -inch diameter iron pin; Thence S. 0°29'08" W., a distance of 1326.66 feet along the easterly boundary of said SW 1/ SW'/4 to the SE corner of said SW 1/4 SW 1/ (W 1116 corner common to Sections 4 and 33); Thence N. 89°49'08" W., a distance of 1329.70 feet along the southerly boundary of said. SW SW % to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in the Office of the Ada County Recorder. This information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field survey. 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 General Retail and Service Commercial (C -G). ANNEXATION AND ZONING ORDINANCE (AZ -04-009) - 2 SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and A the owner of the land described in Section 1 dated the day of , 2004, and that the uses are to be developed as required within the Development Agreement under b. Conditions Governing Development of Subject Property. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to - wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and. §50-223. ANNEXATION AND ZONING ORDINANCE (AZ -04-009) - 3 PASSED BY THE COUNCIL 2004. OF THE CITY OF MERIDIAN, IDAHO, this day of / .7' APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ! day of 2004. �1"'A ` de. WEERD ATTEST: 1, ` = B AL _ CITY CLERKO First Reading: 7,13 �"- '�;,,, �.O�J ��T • ,,a`,• Adopted after first reading by suspersiiiri'dthe 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 13 day of jut , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TA MY de WEERD and WILLIAM G. BERG, .IR., 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, WEIRS04,, N4pTA�pI, `g (SEAL) = * o �►.� �'UBL•ZG Z:1WorklM\MeridiaulMer I'514OM1t UOATSquareAZ-04-0091AZOrd.doc 'UBLIC FOR IDAHO AT: Ae''-4aki IISSION EXPIRES: a =l 4 7 ANNEXATION AND ZONING ORDINANCE (AZ -04-009) - 4 t:.— .ee-eUd4— 8:04PM— -ERRL & R550CIATES 0.948---p.8 ANNWITOK E" NIBIT ME SW 1/4 SW 1/4, sEC77ON 33, T. 4 M, R. 1 E, MERIDIAN, ADA COUNTY IDAHO 2004 S BD47W* E 732AYD' or 3�J1/J.i1 IIS __rr ��-_�•-_�_�........ fA0V7'SI]'L .......-...�-__�_--���]71,7J' �r�.._�-+....__�__�--�_ �� LEGENP JOD N0, .t"704 1 7 t O r and 5/8 inch da rah pin i 1 1 1 p ..rrr�.. o r—.+.. "~ I —_.. -- - Property Gewnacry tine s k E } sDDx HD. 1 1 7 1 � 1 1 1 � � P9ADr I F � F 1� ±40,49 Acres 1 ' 1 F D � 1 j r r 1 r I F 1 [ sE 1 1 FF l 1 L � , 32 1 r; 'm - �-.-... _ -- 1 H OP-49—De W - - -liS7f[X MAD r r/rl wx - 7=7a- RAM tF AWN= LINO TA(Ilu SMITH BRIGHTON PROPERTIES FAILLE ROAD =NCEP TUAL S rM LEGENP JOD N0, .t"704 n Cctwlotrd polnt J144 jAgiaLtoamurr O r and 5/8 inch da rah pin Professional Engineers, Innd Surveyors A Planners 0 Fovne 1/.7 +Inti 0;o. mi p[n ..rrr�.. o r—.+.. "~ 5CA[£ Mr—ff. R" —_.. -- - Property Gewnacry tine s 5ld 9dAlolr S!. a Ca"Well, ID ASS05 } sDDx HD. (200) 45ri--0256 (206) aid -0979 Fax � P9ADr �Q MAR 22 '04 15:18 PAGF 27 ADA COUNTY RECORDER J. DAVIC.. 1ARRO 7 BOISE IDAHO 07/23/04 02.59 PM DEPUTY Vicki Allen RECORDED—REQUEST OF IItt I I I Meridian City AMOUNT .00 104093296 CITY OF MERIDIAN ORDINANCE NO. 04- 10Q 0 AN ORDINANCE FINDING THAT, FALCON CREEK, LLC, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF USTICK ROAD AND TEN MILE ROAD, WITHIN SECTION 34 OF TOWNSHIP 4 NORTH, RANGE I WEST, MERIDIAN, IDAHO, TO BE KNOWN AS McNELIS SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L -O), GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C -G), AND LIGHT INDUSTRIAL DISTRICT (I -L); 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 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 owner of said Property, to -wit: LEGAL DESCRIPTION TEN MILE-USTICK BUSINESS PARK TOTAL ACREAGE ANNEXATION AND ZONING ORDINANCE (AZ -04-004) -I A parcel of land located in the SE % of Section 34, TAN., R.I W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 2 and 3, T.3N., R.I W., and Sections 34 and 35, TAN., R.1 W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 934.94 feet; thence North 37°25'41" West, 861.63 feet; thence North 43°06'33" West, 45.13 feet; thence 152.82 feet along the arc of a curve to the left, having a radius of 290.92 feet, a central angle of 30°05'54", and a long chord bearing North 58°09'30" West, 151.07 feet; thence North 73°12'27" West, 105.95 feet; thence 122.51 feet along the are of a curve to the right, having a radius of 100.50 feet, a central angle of 69°50'36", and a long chord bearing North 38°17'09" West, 115.06 feet; thence North 03°21'51" West, 140.80 feet; thence North 80°31'41" East, 287.40 feet; thence South 86'51'15" East, 701.30 feet; thence North 64'14'16" East, 277.37 feet; thence South 89°43'09" East, 303.80 feet; thence South 00°17'35" West, 253.68 feet thence South 89°42'25" East 267.53 feet to a point on the East boundary of said Section 34; thence South 00°17'35" West, 935.83 feet to the Point of Beginning. Containing 34.60 acres, more or less. Subject to right-of-way for Ten Mile and Ustick Roads. PROPOSED C -G ZONE McNelis Subdivision A parcel of land located in the SE % of Section 34, TAN., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R. 1W., and Sections 34 and 35, TAN., R.1 W., B.M.; thence along the south boundary of said Section 34 North 89°43'00" West, 25.00 feet to a point on the west right of way of N. Ten Mile Road, the Real Point of Beginning of this description; Thence continuing along said south boundary North 89°43'00" West, 253.00 feet to a point; thence North 00°17'35" East, 475.00 feet to a point; thence South 89°43'00" East 253.00 feet to a point on said right of way; thence along said right of way South 00°17'35" West 475.00 feet to the Real Point of Beginning of this description. Containing 2.76 acres, more or less. ANNEXATION AND ZONING ORDINANCE (AZ -04-004) - 2 PROPOSED I -L ZONE McNelis Subdivision A parcel of land located in the SE % of Section 34, T. 4N., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T. 4N., R.1 W., B.M.; thence along the east boundary of said Section 34 North 00°17'35" East, 935.83 feet to a point; thence North 89°42'25" West 267.53 feet to a point of tangency being the Real Point of Beginning of this description, thence 126.99 feet along the arc of a curve to the left, having a radius of 227.00 feet, a central angle of 32'03'10" and a long chord bearing South 74°16'00" West, 125.34 feet to a point of tangency; thence South 58°14'25" West, 244.10 feet to a point of curvature; thence 279.77 feet along the arc of a non -tangent curve to the left, having a radius of 427.00 feet, a central angle of 37°32'24" and a long chord bearing South 39'28'13" West, 274.79 feet to a point; thence North 89°43'00" West 598.62 feet to a point; thence North 37°25'41" West, 155.28 feet to a point; thence North 43°06'33" West, 45.13 feet; thence 152.82 feet along the arc of a curve to the left, having a radius of 290.92 feet, a central angel of 30°05'54", and a long chord bearing North 58°09'30" West, 151.07 feet; thence North 73°12'27" West, 105.95 feet; thence 122.51 feet along the arc of a curve to the right, having a radius of 100.50 feet, a central angle of 69°50'36", and a long chord bearing North 38°17'09" West, 115.06 feet; thence North 03°21'51" west, 140.80 feet; thence North 80°31'41" East, 287.40 feet; thence South 86°51'15" East, 701.30 feet; thence North 64° 14'16" East, 2 77.3 7 feet; thence South 89°43'09" East, 303.80 feet; thence South 00°17'35" West, 253.68 feet to the Real Point of Beginning of this description. Containing 14.67 acres, more or less. PROPOSED L -O ZONE McNelis Subdivision A parcel of land located in the SE'/ of Section 34, TAN., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R. IW., and Sections 34 and 35, TAN., R.IW., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 278.00 feet to the Real Point of Beginning of this description; ANNEXATION AND ZONING ORDINANCE (AZ -04-004) - 3 Thence continuing along said South boundary North 89°43'00" West, 656.94 feet to a point; thence North 37°25'41" West, 706.35 feet to a point; thence South 89°43'00" East 598.62 feet to a point on a curve; thence 279.77 feet along the arc of a non -tangent curve to the right, having a radius of 427.00 feet, a central angle of 37°32'24" and a long chord bearing North 39'28'13" East, 274.79 feet to a point of tangency; thence North 58°14'25" East 244.10 feet to a point of curvature; thence 126.99 feet along the arc of a curve to the right, having a radius of 227.00 feet, a central angle of 32'03'10" and a long chord bearing North 74°16'00" East, 125.34 feet to a point of tangency; thence South 89°42'25" East 242.53 feet to a point on the west right of way of N. Ten Mile Road; thence along said right of way South 00'17'35" West 460.84 feet to a point; thence North 89143'00" West 253.00 feet to a point; thence South 00117'35" West 475.00 feet to the the Real Point of Beginning of this description. Containing 16.64 acres, more or less. 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 Limited Office District (L -O), General Retail and Service Commercial (C -G), and Light Industrial (I -L). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 3�7 1 day of ��� , 2004, and that ANNEXATION AND ZONING ORDINANCE (AZ -04-004) - 4 the uses are to be developed as required within the Development Agreement under 6. Conditions Governing Development of Subject Property, SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S: The Cleric of the 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 of Idaho, to - wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ -04-004) - 5 PA ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2004. TA EERD ATTEST: *�,�� '� OF O� 0 r� � o AL CITY CLERK r , �C? O ten' First Reading: _ •,�.�� O ��`�~ Adopted after first reading by sdt��Q�titl��'he 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 VL`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 wrl�#et�°"`°1°'•so, e L. SAf (SEAL) NgTARN PUBLIC FOR IDAHO ® p U B �,lC' S G AT: Nerf ► 4 K °% s �.•" Y OMMISSION EXPIRES: 0 4v o Z:lworkNWeridian\Meiidian 5j nib re 04-004 PP-04-0041AZOrd.doc ,eyu�aumti* ANNEXATION AND ZONING ORDINANCE (AZ -04-004) - 6 l91�Hb i%�i wu mle-LAY (mc} aww ...I IIBO�eL! 1�7 =1 --r Iwxl ...y i10411WY�lm �Tl %'i3L� NgJTIJ Pr9tl 9'.Ia96[aN 1D �r 919LV VI iPY! - ]TI %i3U'� H97fIf AYMsn FNTi6 ad003b d0 &BNMO b3dO13ECI I 17VMOO 1 d3NNVjd G ""'u �� �qi '11FYg3 WI TMldD1 5l,- 'ff9'N i] �!I YL'IL t�RLiiS 30 Y/1 II 3Nl H tl7iYA1 ^ C 1 r W - z Im a g � B x 3 o 4 y ""'u �� �qi '11FYg3 WI TMldD1 5l,- 'ff9'N i] �!I YL'IL t�RLiiS 30 Y/1 II 3Nl H tl7iYA1 ^ C 1 r W - z 9NINOz O9SOdadd U xarswaaas srmi- o xj ;�caaa 'F I$ I� W� nj "d 4�l CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Or-dinance No. 04- , passed by the City Council of the City of Meridian, on the day of �%' , 2004, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. �����'"` "' `� I/ ©�i �4 SEAL WILLIAM G. BERG, JR. STATE OF IDAHO, {;{ttgt��`��� ss. County of Ada, On this ! 34- day of in the year 2- oo V , before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric 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. aa 000086/faaI�q�+.4 OS�`0 s Lel , •e`��O 0 � s (SEAL) cp ,? Notary J. m Y Comm CC �*. =mss ��.c!•a ®� �e o for Idaho Expires: o y o -7 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -04-004 Z:1Work\M\Meridian\Merid1an 15360MMeNeiis AZ -04-004 PP-04-0041Certif3cationOfCterkOrd.doe KEVIN DINIIJS JULIE KLEIN FISCHER CHRESTOPHERD. GABBERT WM. F. GIGRAY, III T. GUY HALLAM ** JILL S. HOLiNKA JOHN R. KORMANIK' WILLIAM A. MoRRow WELLIAM F. NwHo s ** William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 4664405 June 2, 2004 CHRISTOPHER S. NNE PHILIP A. PeTERSON TODD A. RossmAN TERRENcE R. WHITE *** * Also admitted is CA ** Also admitted in OR **• Also admitted in WA Re: Ordinance No. U4- , (Falcon Creek, LLC) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Falcon Creek, LLC, 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 § 50-901(A). Ver*F.icho1s;P1 your Wm Enclosure ZAWork1MlMeridian\Meridian I5360M1McNelis AZ -04-004 PP-04-004113erg Sum Ord Ltr 06 02 04.dcc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04-1P ?0 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Falcon Creek, LLC, to be known as McNelis Subdivision, consisting of 34.6 acres and commonly located on the northwest corner of Ustick Road and Ten Mile Road, within Section 34 of Township 4 North, Range 1 West, Meridian, Idaho, more particularly described as follows: LEGAL DESCRIPTION TEN MILE-USTICK BUSINESS PARK TOTAL ACREAGE A parcel of land located in the SE %a of Section 34, TAN., R.I W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 2 and 3, T.3N., R.l W., and Sections 34 and 35, TAN., R.I W., B.M.; thence along the South boundary of said Section 34 North 89043'00" West, 934.94 feet; thence North 37°25'41" West, 861.63 feet; thence North 43°06'33" West, 45.13 feet; thence 152.82 feet along the are of a curve to the left, having a radius of 290.92 feet, a central angle of 30005'54", and a long chord bearing North 58009'30" West, 151.07 feet; thence North 73°12'27" West, 105.95 feet; thence 122.51 feet along the arc of a curve to the right, having a radius of 100.50 feet, a central angle of 69050'36", and a long chord bearing North 38°17'09" West, 115.06 feet; thence North 03°21'51" West, 140.80 feet; thence North 80°31'41" East, 287.40 feet; thence South 86'51'15" East, 701.30 feet; thence North 64014'16" East, 277.37 feet; thence South 89°43'09" East, 303.80 feet; thence South 00°17'35" West, 253.68 feet thence South 89042'25" East 267.53 feet to a point on the East boundary of said Section 34; thence South 00°17'35" West, 935.83 feet to the Point of Beginning. Containing 34.60 acres, more or less. Subject to right-of-way for Ten Mile and Ustick Roads. PROPOSED C -G ZONE McNelis Subdivision A parcel of land located in the SE'/4 of Section 34, TAN., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and. 3, T.3N., R.1 W., and Sections 34 and 35, TAN., R.1 W., B.M.; thence along the south boundary of said Section 34 North 89°43'00" West, 25.00 feet to a point on the west right of way of N. Ten Mile Road, the Real Point of Beginning of this description; Thence continuing along said south boundary North 89°43'00" West, 253.00 feet to a point; thence North 00°17'35" East, 475.00 feet to a point; thence South 89°43'00" East 253.00 feet to a point on said right of way; thence along said right of way South 00°17'35" West 475.00 feet to the Real Point of Beginning of this description. Containing 2.76 acres, more or less. PROPOSED I -L ZONE McNelis Subdivision A parcel of land located in the SE %4 of Section 34, TAN., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, TAN., R.1 W., B.M.; thence along the east boundary of said Section 34 North 00°17'35" East, 935.83 feet to a point; thence North 89°42'25" West 267.53 feet to a point of tangency being the Real Point of Beginning of this description; thence 126.99 feet along the are of a curve to the left, having a radius of 227.00 feet, a central angle of 32°03'10" and a long chord bearing South 74°16'00" West, 125.34 feet to a point of tangency; thence South 58°14'25" West, 244.10 feet to a point of curvature; thence 279.77 feet along the are of a non -tangent curve to the left, having a radius of 427.00 feet, a central angle of 37°32'24" and a long chord bearing South 39'28'13" West, 274.79 feet to a point; thence North 89°43'00" West 598.62 feet to a point; thence North 37°25'41" West, 155.28 feet to a point; thence North 43°06'33" West, 45.13 feet; thence 152.82 feet along the are of a curve to the left, having a radius of 290.92 feet, a central angel of 30°05'54", and a long chord bearing North 58°09'30" West, 151.07 feet; thence North 73°12'27" West, 105.95 feet; thence 122.51 feet along the are of a curve to the right, having a radius of 100.50 feet, a central angle of 69°50'36", and a long chord bearing North 38°17'09" West, 115.06 feet; thence North 03°21'51" west, 140.80 feet; thence North 80°31'41" East, 287.40 feet; thence South 86'51'15" East, 701.30 feet; thence North 64' 14'16" East, 277.37 feet; thence South 89°43'09" East, 303.80 feet; thence South 00°17'35" West, 253.68 feet to the Real Point of Beginning of this description. Containing 14.67 acres, more or less. PROPOSED L -O ZONE McNeIis Subdivision A parcel of land located in the SE 1/ of Section 34, TAN., RAW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, TAN., R.1 W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 278.00 feet to the Real Point of Beginning of this description; Thence continuing along said South boundary North 89°43'00" West, 656.94 feet to a point; thence North 37°25'41" West, 706.35 feet to a point; thence South 89°43'00" East 598.62 feet to a point on a curve; thence 279.77 feet along the arc of a non -tangent curve to the right, having a radius of 427.00 feet, a central angle of 37°32'24" and a long chord bearing North 39'28'13" East, 274.79 feet to a point of tangency; thence North 58'14'25" East 244.10 feet to a point of curvature; thence 126.99 feet along the arc of a curve to the right, having a radius of 227.00 feet, a central angle of 32'03'10" and a long chord bearing North 74'16'00" East, 125.34 feet to a point of tangency; thence South 89°42'25" East 242.53 feet to a point on the west right of way of N. Ten Mile Road; thence along said right of way South 00°17'35" West 460.84 feet to a point; thence North 89°43'00" West 253.00 feet to a point; thence South 00°17'35" West 475.00 feet to the the Real Point of Beginning of this description. Containing 16.64 acres, more or less. 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 day of G+.� , 2004. Of ONt City of Meridian V-BEAL Mayor and City Council By: William G. Berg, Jr., City Clerk 0 �ffr/,i9/lfilitlltll3t51y+�` First Reading: Z-- Ls- --D �- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES K NO Second Reading: Third Reading:_ Z:1Work\MNMeridian\Meridian 15360MIMcNeiis AZ -04-004 PP-04-0041SUMANNEXZONGORD.doc ** TX CONFIRMATION REPORT ** AS OF JUL 12 '04 09:49 PAGE.01 CITY OF MERIDIAN 02 DATE TIME TO/FROM 07/12 09:02 PUBLIC WORKS MODE MIN/SEC PGS CMD# STATUS 03 07/12 09:03 12084664405 EC --S 01'00" 003 186 OK 04 07/12 09:05 8841159 EC --S 01'01" 003 166 OK 05 07/12 09:06 2088840744 EC --S 01'00" 003 186 OK 06 07/12 09:08 POLICE DEPT EC --s 01'00" 003 186 OK 07 07/12 09:09 8985501 EC` -S 01'00" 003 186 OK 08 07/12 09:12 92083776449 EC --s 01'00" 003 185 OK 09 07/12 09:14 2086886854 EC --S 01'00" 003 186 OK 10 07/12 09:15 208 895 0390 EC --S 01'00" 003 186 OK 11 07/12 09:17 208 387 6393 EC --S 01'00" 003 186 OK 12 07/12 09:19 ADA CTY DEVELMT EC --S EC -_S 01'11" 003 186 OK 13 07/12 09:21 8885052 01701" 003 186 OK 14 07/12 09:22 CHERRY LANE EC --S 01'00" 003 186 OK 15 07/12 09:25 IDAHOATHLETIC C G3 --S 01'59,� 003 186 OK 16 07/12 09:26 ID PRESS TRIBUNE EC -_s EC --S 0101ti 003 186 OK 17 07/12 09:28 2088886701 01�00 003 186 OK 18 07/12 09:33 3810160 EC --S 01'00" 003 186 OK 19 07/12 09:36 208 388 6924 EC --S 01'43" 003 186 OK 20 07/12 09:38 128300040 EC --S 01'1$" 003 186 OK 21 07/12 09:39 128300040 G3 --S 0118" 000 186 INC 22 07/12 09:49 LIBRARY G3 -`S 01,'1$ " 003 186 OK THIS DOCUMENT IS STILL0IN00EMORY 186 BUSY ------------------------- Revised July 12, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 13, 2004, at 7:00 p.m. City Council Chambers 1• Roll -calf Attendance: Shaun Wardle_ __ __ Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3• Community Invocation by Pastor Ed Kreiner, with the Meridian Assembly of God: 4• Adoption of the agenda: 5. Consent Agenda: 1. 2. 3. 4. 5. P1 r qc posk i-br vubl,� f Revised CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 13, 2004, at 7:00 p.m. City Council Chambers Roll -call Attendance: -- 1 hw NL�1 Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd Pledge of Allegiance: July 12, 2004 Community Invocation by Pastor Ed Kreiner, with the Meridian Assembly of God: Adoption of the Agenda: Consent Agenda: A. Approve Minutes of June 22, 2004 City Council Regular Minutes: B. Findings of Fact and Conclusions of Law for Approval: MI 04- 006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company — southwest corner of South Eagle Road and East Overland Road: C. Findings of Fact and Conclusions of Law for Approval: PP 04- 012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C -G zone for Initial Point Subdivision by Robnett Construction — east of North Meridian Road and south of East Fairview Avenue: D. Development Agreement: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Kissler (Dealt/ Parcel) by BRS Architects — southeast corner of East Ustick Road and North Eagle Road: E. Development Agreement: AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I -L, L -O, and C -G zones for Meridian City Council Agenda —July 13, 2004 Pagel of 3 All materials presented at public meetings shall become property of the City or 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. 9. Public Hearing: CUP 04-020 Request for a Conditional Use Permit for a pharmacy in an L -O zone for Medicap Pharmacy by Larry Knopp -- east of North Ten Mile Road on north side of West Cherry Lane: 10. Public Hearing: AZ 04-014 Request for Annexation & Zoning of 30 acres from RUT to R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. — north of West Ustick Road and east of North Linder Road: 11. Public Hearing: PP 04-019 Request for Preliminary Plat approval of 136 single-family residential building lots and 13 common lots on 30 acres in a proposed R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. -- north of West Ustick Road and east of North Linder Road: 12. Public Hearing: CUP 04-021 Request for a Conditional Use Permit for a Planned Development for a residential subdivision for proposed Sienna Creek Subdivision by Sagewood Development, Inc. — north of West Ustick and east of North Linder Road: 13. Public Hearing: AZ 04-013 Request for Annexation and Zoning of 13.5 acres from RUT to C -G zones for Stow -It Storage Facility by Lyons Development, LLC — southwest corner of Stoddard Road and West Overland Road: 14. Public Hearing: CUP 04-017 Request for a Conditional Use Permit for a Planned Development for a storage facility with a caretaker residence and future office/retail use in a proposed C -G zone for Stow -It Storage Facility by Lyons Development, LLC — southwest corner of Stoddard Road and West Overland Road: 15. Public Hearing: PP 04-018 Request for Preliminary Plat approval for a re -subdivision of Lot 2, Tramore Subdivision consisting of 16 multi -family residential building lots and 3 common lots on 5.7 acres in an L -O zone for proposed Roundtree Subdivision by Big View Builders -- east of North Linder Road on south side of East Pine Avenue: 16. Public Hearing: CUP 04-018 Request for Conditional Use Permit for a Planned Development for a reduction to 10 -feet for the rear setback, minimum 5 -foot side setback, minimum 20 -foot front setback and no minimum frontage requirement for lots within the proposed development for Roundtree Subdivision by Big View Builders — east of North Linder Road on south side of East Pine Avenue: Meridian Planning and Zoning Commission Agenda — July 15, 2004 Page 2 oft All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City CIerk's Office at 888-4433 at least 48 hours prior to the public meeting, Revised July 12, 2004 CITY 4F MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 13, 2004, at 7:00 p -m. City Council Chambers I. Roll -call Attendance: _ Shaun Wardle _ Bill Nary Charlie Rountree _ Keith Bird _,X Mayor Tammy de Weerd 2. Pledge of Allegiance: h;7 /fri Lir �er9 3. Community Invocation by Pastor Ed Kreiner, with the Meridian Assembly of God:L 4. Adoption of the Agenda: 5. Consent Agenda: a7°p vvc- A. Approve Minutes of June 22, 2004 City Council Regular Minutes: V" B. Findings of Fact and Conclusions of Law for Approval: MI 04- 006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company — southwest corner of South Eagle Road and East Overland Road: a�op^o-_ C. Findings of Fact and Conclusions of Law for Approval: PP 04- 012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C -G zone for Initial Point Subdivision by Robnett Construction •- east of North Meridian Road and south of East Fairview Avenue: �iy„ar,._ D. Development Agreement: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Klssler DealParcel by $RS Architects - southeast comer of East Ustick Road and North Eagle Road: A2",__ E. Development Agreement: AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I -L, L -O, and C -G zones for Mai"% City Coweil ABcn&-3Wy 13,2004 1'490 1 or3 NI c atvdalu P'"mkd M public meetinp 04111)- mw PreP" bf ib-Cdy aMerMi4n. Anyone dcairing 4mrwm dating for disabililies ralaad to daasmonra 4 4yw hewing please couwu l the Lily Clerk's OPSoe at 8894433 at kart 48 freurs prior 10 the public mcetin8. TX CO. NATION REPflR7* AS OF JUL 13 '04 23•Q1 PA5E.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDH STATUS 03 07/13 22-28 3810160 EC --S 01' 51,, 003 196 DK 04 07/13 22:31 PUBLIC WORKS EC --S 01'05" 003 196 OK 05 07/13 2232 12024664405 EC --S 01'06" 003 196 OK 06 07/13 22:34 8841159 EC --S 01'06" 003 1% OK 07 07/13 22:35 2088840744 EC --S 01185" 003 196 OK 08 07/13 22:37 20EGA673GG EC --S 01106" 003 196 OK 09 07/13 22:39 8995591 EC --S 01'04" 003 196 OK 10 07/13 22:40 LIBRARY EC --S 01'26" 003 196 OK 11 07/13 22:42 92083776449 EC --S 01'05" 003 196 OK 12 07/13 22:44 208 See 6924 EC --S 01'25" 003 196 OK 13 07/13 22:46 2088886854 EC --S 01'05" 003 196 OK 14 07/13 22:47 208 895 0390 EC --S 01'05" 003 196 OK 15 07/13 22:49 208 387 6393 EC ---S 01'05" 003 196 OK 16 07/13 22:50 RDA CTY DEUELMT EC --S 01'05" 003 196 OK 17 07/13 22:52 8885052 EC --S 01'05" 203 1% OK 18 07/13 22:54 CHERRY LAKE O3 --S 02'04" 003 196 OK 19 07/13 22:57 IDAHO ATHLETIC C EC --S 01'06" 003 196 OK 20 07/13 22:58 ID PRESS TRIBLNE EC --S 01'05" 003 196 OK 21 07/13 23:00 20E88S6701 EC --S 01105" 003 196 OK Revised July 12, 2004 CITY 4F MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 13, 2004, at 7:00 p -m. City Council Chambers I. Roll -call Attendance: _ Shaun Wardle _ Bill Nary Charlie Rountree _ Keith Bird _,X Mayor Tammy de Weerd 2. Pledge of Allegiance: h;7 /fri Lir �er9 3. Community Invocation by Pastor Ed Kreiner, with the Meridian Assembly of God:L 4. Adoption of the Agenda: 5. Consent Agenda: a7°p vvc- A. Approve Minutes of June 22, 2004 City Council Regular Minutes: V" B. Findings of Fact and Conclusions of Law for Approval: MI 04- 006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company — southwest corner of South Eagle Road and East Overland Road: a�op^o-_ C. Findings of Fact and Conclusions of Law for Approval: PP 04- 012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C -G zone for Initial Point Subdivision by Robnett Construction •- east of North Meridian Road and south of East Fairview Avenue: �iy„ar,._ D. Development Agreement: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C -G zones for Klssler DealParcel by $RS Architects - southeast comer of East Ustick Road and North Eagle Road: A2",__ E. Development Agreement: AZ 04-004 Request for annexation and zoning of 34.6 acres from RUT to I -L, L -O, and C -G zones for Mai"% City Coweil ABcn&-3Wy 13,2004 1'490 1 or3 NI c atvdalu P'"mkd M public meetinp 04111)- mw PreP" bf ib-Cdy aMerMi4n. Anyone dcairing 4mrwm dating for disabililies ralaad to daasmonra 4 4yw hewing please couwu l the Lily Clerk's OPSoe at 8894433 at kart 48 freurs prior 10 the public mcetin8.