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Home My WebLink About2004-07-20 :<(..' >ii<i'" .' ...,........... ........ ........iii...ii . '..--i iii .......ii...i.i ....... ...............< ....... .... ...... i ........ ii .......>..ii<.cc..i.>..:; ,;;..:.< > ....... ..'i i...... ................i: ......Tuesday,~uly20,2004 at 6:00 p.m.<i. .........i'.< i ......... .............i ....ii......... ............ ......... ..i~.ii':i...:.i ..... ............ . ........ ..... '. ........... ......... ............2iii..~.ii..i .'. .......... .......... ...... .....<i ........ < ...................'ii . ..' ...... City CpuncilChClmbersi ...........>i .< ............ ........ ..... ..< ............ ........< .i. ....... .... ........i ..... ...i......i..i. ............ ......i ....i.. ... .......................... .. ................... ............. .i<.ii .......... ....... .... <.... ...... ..... ...........ii........... ....i.i.. ....... ........,... <.....i..i. . .... '.' .' .........i.............. .' ....... ..i.......... ........ ..i.'.' ". ..... ..... ...... <i....'.:..<.... ...................... ...... .......i'ii. ......... ......; ........<.> ....i__c.. ............... ...........< .... .........i ............................ ...... .......1. Rol-f:Cl" Attendance:i.. .. ................... ....... ..........ii< ..............: . ....... .<:i ........... ........ ....i ..i ........ ............i< ....... .....:: ......... ... .....i ..........._.......i..... <..._.:~...;...~:..;...> .....,.. ........ ...... .< ',;..' ......:.>. . i........ ................ .......i(>X> Shaun Wardle...(i: XiBilLNary ........ ...,. ....:.: <'., .......:.. ..x.... ,> " .~. ..... . CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 20,2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle --X... Bill Nary ~ Charlie Rountree ')( Keith Bird )( Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve. 3. Discussion of Area of City Impact by Dan Wood: 018(1 USSe-c\ 4. Discussion of Pedestrian and Bicycle Facilitv Data Collection Proiect: Br\ (\9 bctcx. 1-21.01- 5. Discussion on Dr. Freilich Guide Plan and Implementing Ordinances: Ofseu SS'cc\ 6. Discussion of Golf Course Amended Ordinance: (*15 minutes) Illovc -wrWOJ,.d -Rt-t ()I rC9WQY 0{cnd.iL * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - July20, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20,2004 ITEM NO. 5 REQUEST Discussion on Dr. Freilich Guide Plan and Implementing Ordinances 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: DISC usst:d Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. / 7cr, t","- ~ 0 /' CITY OF r!'t~l ,> '-../Vi erldicrn ID,\HO MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Sha un Wardle NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Meridian, Idaho, on Tuesday, July 20, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular Planning & Zoning 660 E. Water tower Lane Suite 202 884-5533/ fax 888-6854 scheduled City Council meeting as well as the following issues: Discussion of Area of City Impact by Dan Wood Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Discussion of Pedestrian and Bicycle Facility Data Collection Project Public Works 660 E. Watertowel' Lane Suite 200 898-5500/ fax 898-9551 Discussion on Dr. Freilich Guide Plan and Implementing Ordinances: - Building 660 E. Watertower Lane Suite 150 887-2211/ fax 887-1297 Discussion of Golf Course Amended Ordinance The public is welcome to attend the meeting. - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 DATED this 16th of July, 2004. ", " " - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 CITY HALL 33 EAST IDAHO AVENUE ivlERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLEHK-I"X 888.4218 1(u;\IM'" BESOURCES-Fi\X 884.8723 FINANCE" UTILITY E31LLlNG-FAX R87.4813 ~IA\'OR'S OFFICE-E\X 884-8119 ** TX CL .MAT I ON REPORT ** AS OF JUL 16 '134 f 3 PAGE. 131 ~, CITY OF MERIDIAN DATE TIME TO/FROM t>'oOOE MIWSEC PGS CMDll STATUS 137 137/16 17'56 381131613 EC--S 013'28" 001 243 OK 08 07/16 17'56 PUB!..IC WORKS EC--S 00' 20" 001 243 OK 09 137/16 17'57 12084664405 EC--S 00'20" 001 243 OK 11 07/16 18:1313 8841159 EC--S 130'20" 001 243 OK 12 07/16 18' 01 208884121744 EC--S 0121' 19" 001 243 OK 13 07/16 18:01 POlleE DEPT Ee--s 00'19" 001 243 OK 14 07/16 18:132 89855131 Ee--s 1013'20" 001 243 OK 15 137/16 18:03 LIBRARY EC--S 130'22" 001 243 OK 16 137/16 18:04 92083776449 EC--S 00'213" 001 243 OK 17 07/16 18'135 200 388 6924 EC--S 013'21" 001 243 OK 18 07/16 18:05 2e88886854 EC--S 1313'19" 001 243 OK 19 07/16 18' 06 200 895 0390 EC--S 1313'20" 001 243 OK 2e 137/16 18:07 128300040 G3--S 00'25" 001 243 OK 21 07/16 18'08 208 387 6393 EC--S 00'20" 001 243 OK 22 07/16 18:09 ADA CTY DEVELMT EC--S 00'20" 001 243 OK 23 137/16 18'113 88851352 EC--S 1313'19" 1301 243 OK 24 137/16 18: 11 CHERRY LANE G3--S Ol0' 38" 001 243 OK 2S 07/16 18:12 IDAHO ATHLETIC C EC--6 130'20" 001 243 OK 26 07/16 18' 13 ID PRESS TRIBUNE EC--S 0121'20" 001 243 OK 27 07/16 18:142088886701 EC--S 00'2121" 001 243 OK -----------------~------------------------------------------------------------------------- f1fC\.St '(os~ t<x YvJ.:>\(C Notice - \ n(J.Y\\Csl CITY OF MERIDIAN PRE.COUNCIL MEETING AGENDA Tuesday, July 20, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle _ Bill Nary Charlie Rountree Keifh Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Area of City Impact bv Dan Wood: 4. Discussion of Pedestrian and Bicvcle Facility Data Collection Proiect: 5. Discussion on Dr. FreiliCh Guide Plan and Implementing Ordinances: 6. Discussion of Golf Course Amended Ordinance: ('15 minutes) "Approximate allowable time set for agenda item may change depending on discwJSion. Please use the designated minutes as a guideline only. MO!idlan CIly Pro-counciJ Agenda - Jury2ll. 2OD4 Paoo1 011 AJr mat"riolo presenlod 01 ""bile: mOlllIngo Gholl beeome property or \he City of Meridian. Any."" desirinO =ommod'lUon rOrdJAbIlili3 rolatO<llo documoms amVor homlng& pie."" conbellhD city Cro,f(~ Off"", 01 888443;l ot Joost 4Il hotr.; pt10r to tho public ,"""o\in~. I ** TX CONF.. .rlTlON REPORT ** 210 21 22 23 24 25 26 27 28 29 310 31 32 DATE TIME TO/FROM 107/16 17:36 PUBLIC WORKS 07/16 17:37 120846644105 107/16 17:38 8841159 07/16 17:39 20888410744 07/16 17:410 POLICE DEPT 07/16 17:41 89855101 107/16 17:42 LIBRARY 07/16 17:43 92083776449 07/16 17: 43 200 388 6924 07/16 17:45 2088886854 07/16 17:46 208 895 0390 07/16 17:47 1283010040 07/16 17:48 208 387 6393 ( AS OF JUL 16 '04A.:48 PAGE. 01 CITY OF MERIDIAN MODE EC--S EC--S EC--S EC--S EC--S EC--5 EC--S EC--S EC--S EC--S EC--S G3--S EC--S MIWSEC PGS 00'26" 1001 00'27" 0101 00'27" 001 00'26" 001 00'27" 0101 00'26" 0101 0e'31" 0101 0e'25" 001 00'31" 001 00'25" 001 00'26" 001 00'29" 001 00'26" 001 CMDI:l 242 242 242 242 242 242 242 242 242 242 242 242 242 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK --------~----------------------------------------------------------------------------------- ~\fC\SC Voc+ b Fu b L (. N O-Hcc - I !r\o.n \C.S '.. ....~<"iG ..~~ /~-~~~"T - F" r"'... 0 /' '"r,'l1r 'l.~f;!t VVLertdia:n-'-}~: " ~'n.\"o f ~ t ~'" .'7;~\ ~41 :'~~.t"1l',0~W~r ~;I.l5~;1 MA.YOR .tommy de Ww1'1d erei' COUNGL MEMDER;; Williom L. M. No!)' Kdthllirr) Charle~ M. ROLmtL'ee S!,aun Wardle CITY DF.PART/-IENl5 "ire 540 E. franJ<.lin Road SSS-1234/lax 895-0S90 Parks &; Recreation II 1:. Bower St.'pet !;S8-3579/f"" 898-.5501 PI""f\lng & Zu"ing 660 1'- WM~rtower 1."".. Suita 202 1l1l4-5533! !<1" 88R-~HS4 p()llc~ 140! E. W"lertowRr l,,"~. 8SR-(,67S/(ax 846-7.%~ Public Works 660 E. W"tertower Lanl! Suite 200 898-5500//". 898-9551 . Buildinll 660 E. W"teIlowar Lane 5LliJe 150 887-2211! fax 887-129:' - Sew..,r (WWTP) 3401 N, "fen Mile RoaJ 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Stre~t 888-5242/ !"x Rl>4-115~ NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 20, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion of Area of City Impact by Dan Wood - Discussion of Pedestrian and Bicycle Facility Data Collection Project - Discussion on Dr. Freilich Guide Plan and Implementing Ordinances: - Discussion of Golf Course Amended Ordinance The public is welcoma to attend the meeting. DATED this 16th of July, 2004. CITY HALL 33 E/\ST lDAI-fO AVENUE MERIDIAN, IDAHO R3G42 (20R) 888~4433 CITY CLCRK-n\X SSS.4IWI I1l1,WI ~ESOUI1.CES-r,\X 88.\ 8723 nIiAIiCE... llTlLrn' BJLl.1,'C-,,\X RIl7'4I'lJ;i ~l,\\OI1.'S OFF1C~-MX 8M-illIg \. ** TX CONFIRh.., ION REPORT ** i. AS OF JUL 16 '04 ~?:59 PAGE. 01 CITY OF MERIDIAN 01 02 03 04 0S 06 10 DATE TIME TO/FROM 07/16 17:49 ADA CTY DEUELMT 07/16 17:50 8885052 07/16 17:51 CHERRY LANE 07/16 17:52 IDAHO ATHLETIC C 07/16 17:53 ID PRESS TRIBUNE 07/16 17:54 2088886701 07/16 17:58 3810160 STATUS OK OK OK OK OK OK OK MODE EC--S EC--S G3--S EC--S EC--S EC--S EC--S MIN/SEC PGS 0121'26" 001 00'26" 1301 00'42" 001 00'25" 001 130'25" 1301 00'26" 001 0121'38" 001 CMDIt 242 242 242 242 242 242 242 -----------------~-----------------------------------------------~-------------------------- ".::. Y\f(\SC VC(+ -kx {.Jub\\l. NO-Hcc - IhO-Yl'c.s :'1 :;}:fi':i:. ot{;;;d;:~~f . \, ~' In.\IIO f . (.,\ /' II:".. ..lW: ~~~ig~ M.<\.YOR T~mmy de WC~fd On COUNCiL MEMDm. Willi~m L, M. N~ry Keith fljrd Charles M. R()\1ntl:ee Sba\lfI Wardle erN Dl'.P.'o,RTMENTS Fir@ 54D E. Franklin RQod 881>-1234/ fa>: 895-(}390 Parks &. R~creati()n II E. B<>wer Street SH~.35791 {ax ~98.S50l Pt"nning &: Zoning 660 1'. WMErtower LanH Suitll. 2(\2 8B4.55331 f~x 888-6A54 p()lk~ 1401 E. W~ler[ow~r La"e 888-667B1 fax t\46.7366 Public Works 660 E, Watertower Lan(! Suite 200 l\9S-5S00 I f~ x 898-9551 . Buildjllg 660 E. Wlltertow~r L~nc Suite 150 887-2211 tfax 887.129'7 . Sc\~cr (WWTP} 3401 N. Ten Mile R\)~d 1>88-21911 fax 884.(}744 . Water 2235 N. W. flrh Street 888.5242/ f~x ,,1;4.115'-> NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 20, 2004 at G:OO P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion of Area of City Impact by Dan Wood - Discussion of Pedestrian and Bicycle Facility Data Collection Project - Discussion on Dr. Freilich Guide Plan and Implementing Ordinances: - Discussion of Golf Course Amended Ordinance The public is welcome to attend the meeting. DATED this 1S(h of July, 2004. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, lJ)AHO R3642 (208) !Hl8-4433 CITr CLrRK-FrtX I'18B.4:lI8 HII,\I(\;>I r~ESOURCES-li\X 88,~ 8723 fIN^NCl! " l'T1LITY l;ll,UNG-I',\X HR7'4!\l:1 M,\\'(lR'S OFfJ(;~-~AX SIlHll19 , ** TX ~MATI ON REPORT ** AS OF JUL 20 '04 ~~. f"AGE.al CITY OF MERIDIAN DATE TIME TO/FROM MODE MIW5EC PGS CMDll STATUS 05 107/20210'15381101610 EC--S 1010'29" 10101 10106 OK 06 07/210 20' 16 PUBLIC WORKS EC--S ea'20" 0101 10105 OK 107 107/210 210'17 1210846644105 EC-S 1010'21" 10101 10106 OK 0B 07/20 28: 16 8841159 EC--S 010'28" 1301 006 OK 09 107/210 210'19 210888410744 EC--5 1010'2121" eel 10106 OK 110 107/20 20:210 POLICE DEPT EC--S 1010'210" 10101 1306 OK 11 107/210 210'21 89855101 EC--S 130'210" eel 10105 Ok 12 07/20 210:21 LIBRARY EC--S 00'22" 1001 1006 OK 13 07/210 20'22 92683775449 EC-S 130'210" 001 00& Ok 14 107/210 210'23 2108 388 6924 EC--S 100'22" 10101 1306 OK 15 07/210 20:24 2e88886854 EC--S 1310'210" e01 1006 OK 16 107/20 20'25 2108 895 e390 EC--S ee'21" eel ea6 OK 17 e7/2e 210:26 1283ooe4e G3--S 1010'27" 1301 10106 OK 18 107/210 210:27 2108 387 6393 EC--S 010'20" 001 10106 OK 19 137/210 210: 28 ADA CTY DEVELMT EC--S 010'21" 1301 1006 OK 210 07/210 210'29 se6S052 EC--S 00'210" 001 006 OK 21 107/213 210:313 CHERRY LANE G3--S e0'4El" ElEll 0106 OK 22 07/20 20:31 IDAHO ATHLETIC C EC--S eel' 21" aEll 006 OK 23 07/213 213'32 [D PRESS TRIBUNE EC-S 013'21" 0131 006 OK 24 107/20 210:33 2088886701 EC--S 100'21" 0131 006 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuosday, July 20, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle ~ Bill Nary -iL Chartie Rountree -K... Keith Bird -L Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve. 3. Discussion of Area of Citv ImDact bv Dan Wood: 0(8(1 ussm 4. Discussion of Pedestrian and Bicycle Facility Data Collection Project: Bri fl.,9 bac.t 1 - 21.~ 5. Discussion on Dr. Freilich Guide Plan and Implementing Ordinances: Dscu f&cl 6. Discussion of Golf Course Amended Ordinance: (~15 minutes) fl'\:5vc forWQ'rd ~R..l:t or rcg.LlQy ~ . Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian Cq Pr....c.unolJ Agenda -JuIy20,:2004 Pagel of I Aft m;lIHlaIc prelIOfItea III pulllic ""'ll1lnQt.na1l MOO"", property .r the Citv .f Meridian. Any",", de$iling accommDdallDn r.rGlcallllllle$ relBle410 docum8nmalllllor Iloalit1gG \lIOO.. ""ntDct 1M Ciy C'.""~ O/f,.,. QIlRlll-4433 oIle...t 4S ho"", prior 10 lhn public _119. lii;d{ ~ P r CITV OF l~,::,~1 ~_~ "-/VI erldian ID.'\HO ~LOC\S( roc-\- .rex Pub\\c N( 1-(C( -lhOJ1 )C$ '. " ~; ~/ ~/' 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 I fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 I 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 NOTICE OF PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, July 20, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Discussion of Area of City Impact by Dan Wood - Discussion of Pedestrian and Bicycle Facility Data Collection Project - Discussion on Dr. Freilich Guide Plan and Implementing Ordinances: Discussion of Golf Course Amended Ordinance The public is welcome to attend the meeting. DATED this 16th of July, 2004. CITY HALL 33 EAST IDAHO AVENUE IvIERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-E-\X 888-4218 HU,\IAN RESOURCES-FAX 884.8723 m:.\NCE I'< UTiUTY BiLLiNG-FAX 887.4813 ~IAYOR'S OFFICE-E-\X 884.8119 'PlfG\Sr \)Oi' k rltbh c ,\JoHcc -1Lfuf\\(SI. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 20, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Area of City Impact by Dan Wood: 4. Discussion of Pedestrian and Bicycle Facilitv Data Collection Proiect: 5. Discussion on Dr. Freilich Guide Plan and Implementing Ordinances: 6. Discussion of Golf Course Amended Ordinance: (*15 minutes) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - JulyZO, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at Jeast 48 hours prior to the public meeting. August 20, 2004 MERIDIAN CITY COUNCIL MEETING August 24, 2004 APPLICANT ITEM NO. 5-A REQUEST Approve minutes of July 20, 2004 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emoiled: Date: Staff Initials: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 20,2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary o Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Discussion of Area of City Impact bv Dan Wood: Discussed 4. Discussion of Pedestrian and Bicvcle Facility Data Collection Proiect: Bring Back July 27,2004 meeting 5. Discussion on Dr. Freilich Guide Plan and Implementing Ordinances: Discussed 6. Discussion of Golf Course Amended Ordinance: Move forward - Put on Regular Agenda (*15 minutes) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline arly. Meridian City Pre-Council Agenda - July20, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of MeridIan. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 88f3..4433 at least 48 hours prior to the publ1c meeting. Meridian City Council MeetinQ July 20, 2004 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, July 20,2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle. Staff Present: Gary Smith, Brad Watson, Bill Nichols, Anna Powell and Tara Green. Item 1. Roll-call Attendance: X Bill Nary X Shaun Wardle X Keith Bird o Charlie Rountree Mayor Tammy de Weerd X Item 2. Adoption of the Agenda: Bird: Mr. President. Nary: Mr. Bird. Bird: I move we adopt the agenda as published. Wardle: Second. Nary: It's been moved and seconded to adopt the agenda as published. All those in favor, say aye. ALL AYES. MOTION CARRIED. Item 3. Discussion of Area of City Impact by Dan Wood: Wood: Thank you very much, Council. I won't take very long. [know it's - I've got a little map - myself and some partners are acquiring a piece of ground that is in your referral area and it is in southeast corner of your area. We stopped in there and talked with the staff. They suggested that we might come here and talk with you tonight just briefly to kind of see what the Council's thoughts were in that part. Right now, the map that I gave you there shows you that Messina Hills is as far as the development has gone, but yet your impact area is the brown line there and the parcel of ground that we have is the ground there in yellow. It's a large piece of ground. It's over 200 acres and currently it's in your referral area and about all we can do with it is we put an application into the county to do a (inaudible) with the plans of doing, you know, a central contained sewer system there. But, that's about all we can do. So, why I am here tonight is one is to Meridian City Pre-Council Meeting July 20, 2004 Page 2 of 22 maybe with all the growth that's going on at Eagle Road and Overland to see if maybe the city would think about maybe in the future and how soon the future might make a determination as to what our plans will be. But, the hopes of maybe moving your impact area further to the south and I guess that's why I am here. See what your take might be. Nary: Council, any questions or comments for Mr. Wood? Bird: Mr. President. Nary: Mr. Bird. Bird: I have got a question for Brad or Gary and I can't remember if J-U-B's study, if we went that far south and if that can sewer at that area. We probably are - what are we talking, Dan, two miles away from Messina Hills? Wood: Messina Hills there is at the half mile mark, so you are about a half a mile to Amity and then we are a quarter mile from that. I am not sure, but I think the people that own Messina Hills have also purchased the piece right next to it. Bird: Just south of it? Wood: Just south of it, which then puts you a quarter mile to Amity, which puts us a half a mile away from where we would be at. Bird: Have you got one of those maps, Brad? Watson: Mr. President, Mayor, Council members, yeah, we do. Not sure how easy it is to get it on the overhead, but the J-U-B master plan does have a trunk designated to go through that property in the future. If you recall, our master plan on the south end goes outside the area of impact simply because it could. We just kept running it out until it couldn't serve any more or ran into Boise City. So, it does bisect - I'm sorry - Bird: And then naturally flowed in at - natural flow? Watson: Councilman Bird, it did. It - I can't remember the name of the drain and my pointer is not working too well, but - is that right, Dan? (Inaudible answer). Wood: But that is the drain, Brad, right there. Watson: It doesn't go a whole lot farther. Bird: But, if I remember right, it flowed down in to that. Meridian City Pre-Council Meeting July 20, 2004 Page 3 of 22 Watson: Excuse me, it is actually master planned to go another three quarters of a mile east. Wood: So the (inaudible) would be with the non-farm right now we would - if you are somewhat familiar there is a ridge up there in the very south west corner, which is not very good farm ground, but great home sites. But, we also figured that we would much rather do a nice big development and incorporate the whole thing, but of course we don't have sewer yet. We can't get that from you until the city limits are that far. Also, it would be open to if there is a way that maybe we could maybe work something out or provide at least sewer, some kind of connection to the city sewer for the non-farm, if that was an option or if that was something that the city would talk to us about for a temporary verses coming up with a secondary choice or which preferred way. De Weerd: Mr. Chairman. Nary: Madame Mayor. De Weerd: Brad, is that not in the Black Cat Trunk Line? Watson: Madame Mayor, technically it's not. But, the Ten Mile Trunk has a limited capacity so anything - well, I shouldn't say anything, but the majority of all this area will be diverted into the Black Cat Trunk once it's gets there. I did meet with Dan several weeks ago and Gary Lee from J-U-B to talk about this. There are a couple fairly serious issues on this for sewer because the Ten Mile Trunk does have limited capacity. We went through that whole thing with the Bear Creek project years ago. At that time we estimated there were approximately 1,100 to 1,200 units left of capacity. By units, I mean single-family residential. The Bear Creek developer did build the bypass line, which is required by the city, which we estimated essentially doubled that available capacity from 1,100 to 22 or 2,400. Since that time, we have had Bear Creek; we have had the Tuscany, Messina Hills Complex, Glacier Springs, Observation Pointe and a few others that have been recently approved. What we are actually doing even this month is flow monitoring that trunk so that we can remodel it to come out. Dan kind of prompted this. We were already going to do it, but he expedited our efforts on this particular question to find out exactly how many units we do have left out in the south area until the Black Cat Trunk is extended. So, I don't have an answer tonight. De Weerd: But I believe the reason it was in the referral area was because we didn't think that we could sewer that area in the amount of time they were asking at the time, we were negotiating that area of impact, is that correct? Watson: Yes, I think so. ( Meridian City Pre-Council Meeting July 20, 2004 Page 4 of 22 De Weerd: So, it's not a question that can we sewer it or not, we can. It's just a matter of when we can do that and the capacity. Watson: Correct. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Just to, I guess, to give my opinion to Dan's question is would I consider adding this to the area of impact? Certainly, in my opinion I would consider it. It seems that we have master planned this for that area. If the city staff doesn't have an answer tonight as to exactly when they could do that or even if we have the capacity, but I think it's something that we should be willing to look into. It's in our referral area for a reason and we should have at least a good answer for a time line or if we could do it. Nary: Mr. Wood what about this piece right here? From what I understand if the - is this the entire piece, you think, is owned by Messina Hills or just this section here? Wood: My understanding is Messina Hills has this 80-acre parcel here. Then, potentially, word has it is these are 20 acre parcels that one individual has these four also and sewer, the main trunk line that's coming this way is right in this area already. So, actually it would bring - you know, for this to develop it would almost have to come and take access off of Amity, which then really only puts it one parcel away from this. Then this is owned by four or five property owners. Nary: So, it might be a while for it to be contiguous as well to the city? But, that's our patchwork quilt if they could - Wood: Well, the only reason they say that is potentially if the four 20-acre parcels were to come into you guys this year, which would have to take access right off of Amity, which then would mean if we obtained one of the parcels right on Amity, which would then make us contiguous, the whole thing. Bird: Mr. President. Nary: Mr. Bird. Bird: Two things. Are these two corners, Dan; are they not part of your development? The two little corners there? Wood: The two little pieces that I kind of etched out, no. The one triangle shaped one is owned by a couple of individuals of which part of them is the Fulture Family and then the other one where - kind of over there in the southeast Meridian City Pre-Council Meeting July 20, 2004 Page 5 of 22 corner that is where Mr. McKay lives, which is the one that owns the majority of that ground there. So, those two are not. Bird: Well, this isn't something that would be new. It would be new to this Council, but it isn't new to the City of Meridian. We did this at Vienna Woods and at that point, I think, what was a mile away from the city limits at that time, Gary, that we did Vienna Woods? So it isn't something new and I am kind of like Councilman Wardle, I am interested in the impact area, if it can be done. I don't know why it can't be done other than the fact that the Ten Mile Trunk is - until we get Black Cat out there and get some of the stuff off of Ten Mile, that's on Ten Mile that should be on Black Cat. I don't know, but I would have no problem at really looking at it and working with you on something like this. Like I say, it isn't the first for the City of Meridian to do it. De Weerd: Mr. Chairman. Nary: Madame Mayor. De Weerd: I guess it surprises me, this conversation because we have always liked to annex from the inside out. This is not inside, it's outside. Vienna Woods was different because we had the area of impact boundary to stop at, to protect, I guess and so even at that time and when Edinberle came in there were other stated reasons. What about the commitment of the properties between this and what is in inside going out and if we don't have the sewer capacity to sewer that? So, I do think that in this whole south area we need to take a look at it and see how we can sewer it and what line best can sewer it and see what our capacities are. There are a lot of people in the south side and a lot of need for development because of the jobs that are coming in there. So, I certainly understand that, but we have maintained a policy of growing from the inside out and I would like to see us follow that policy and certainly accommodate and master plan like we did in the north Meridian area to know what the big picture is going to look like and what we need in those areas as far as other city services so that we can plan it with a purpose instead of with a little bit of different theme in mind. I don't know. I agree with Councilman Wardle that let's take a look at this and - but, I guess we would need some input from staff as to what the steps would need to be to determine and start really planning for that. The north Meridian area was a collaborative effort by a large group of developers, transportation planners and the city to really look at the whole picture and all of the needs instead of just sewer and water. That would be my caution is let's move forward and make sure what we do, we do it right and not just for a particular isolated area. Nary: One other comment, too is in the past and other ones that we have had in the last year or so, this kind of out parcel, when this person owns that, we haven't annexed. We have said they have to come into it. The fact that they don't own this one is not their problem, but if this person owns all of this, they would have to come in as well. We weren't going to create another enclave. ( MeridIan City Pre-Council Meeting July 20, 2004 Page 6 of 22 Wood: Good to know, there. Thank you very much for your time. De Weerd: Mr. Chairman. Nary: Madame Mayor. De Weerd: I guess before you move on, I think if we can ask staff so we can tell Mr. Woods how we would like to move forward in this area, let's consider the options that we have and maybe within the next several weeks to give it some thought and see how we can start moving ahead because we do need a plan on the south side and I think we have been kind of hitting around that discussion for the last six months. We do need to do it and how best can we move forward? I think we do need to give an answer to Mr. Wood on how to best proceed with that. So, Anna do you have any suggestions? Powell: No, the Council has reached several good options tonight if Mr. Wood could just contact me, we will get together and try and flush out some alternatives for the Council. I think Brad is already working on his end of things so we can incorporate that as well. De Weerd: Okay and that probably needs to take a look at and maybe you can come back with the amount of area to look at in that. Okay? So, Mr. Wood, you did hear that? That she would like you to contact and you can discuss what the next steps are. Okay? Wood: Thank you very much. Item 4. Discussion of Pedestrian and Bicycle Facility Data Collection Project: Levihn: Good evening Mayor and City Council members. My name is Katy Levihn, planning, programming and cost estimating manager with Ada County Highway District. Thank you for scheduling me for time tonight. I am here to do that time-honored duty of requesting funds from you. We sent you a letter on June 1 Olh, which I believe you should have up there on your computer under the subject of pedestrian and bicycle facilities data collection. It explained that in conjunction with our community program reevaluation, which your staff has attended some of our work sessions for that and along with some America Disabilities Act requirements that have kicked into effect after a ten-year review at the federal level, Ada County Highway District is performing an inventory of our sidewalks in the county. This is a very intensive data collection effort as you can imagine walking up and down every street in Ada County. We had to prioritize that somehow do to funding restraints. We are proceeding with the work under Tier 1, which you can see is six square miles in Meridian. That's the core right here and now we also have the Tier 1 's in the five other cities around Meridian City Pre-Council Meeting July 20, 2004 Page 7 of 22 the county. Tier 1 was determined by overlaying GIS layers that indicated where schools, government buildings, major employers, low income neighborhoods and mobility impaired districts were gleaned from mapping information plus the census 2000 data. And where we had the highest overlap, that was our Tier 1 for our first approach at this. What I am here to ask for is some funds, if you have them available at either in this budget year or the next budget year. For Tier 2 and if you'd like Tier 3 our Commission would really like to complete at least Tier's 1 and 2. In Meridian you can see that if you take that small map with you it outlines the Tier 2. It essentially adds 30 square miles of data collection work to the six miles that we are doing in Tier 1 in your city and accomplishes covering your entire city limit area and part of your area of impact. Steve Siddoway did bring up that there is one small group of your city limit area that is outside of that Tier 2 and we would be willing to put that up under Tier 2 over there in the west. For this effort we are asking $6,380 for Tier 2. If you would like us to go farther into Tier 3 that would be $4,400. We do have - the way the work is done you can see these dark areas up here as where we have already collected. We have already done two square miles in the City of Meridian. We'd expect to pick up the other four within that Tier 1 in the next three to four weeks and all of the Tier 1 data collection effort is currently scheduled to be complete sometime between August 20 to 2ih. What we would like to do is continue to proceed on with the Tier 2 using the same staff that have already been trained so I don't have a learning curve to bring them up again and continue this summer and get our report on those facilities. Hopefully, it's scheduled for about December. So, with that brief overview I will stand for any questions. Nary: Excuse me, Council, are there any questions? Bird: I have none. De Weerd: Mr. Chairman. Nary: Madame Mayor. De Weerd: I guess what are the other communities funding as part of this? Levihn: At that moment, we have sent essentially the same letter modified for each community to all six cities and Ada County. Eagle has already committed $2,900 for their Tier 2, which is the percent that was based on the number of roadway miles within their jurisdiction. That's why yours is $6,380. Kuna has indicated they had not made a formal action. They have indicated they will not fund Tier 2 this year and we are waiting to hear from the other cities at this point and time and Ada County. De Weerd: Then what do you do with the data? Meridian City Pre-Council Meeting July 20, 2004 Page 8 of 22 Levihn: What we are collecting is pretty serious data. It's where the sidewalks exist or don't exist, the connectivity between them, the types of ramps for American's with disabilities act, obstructions in the sidewalk, bad or broken or wavy sidewalk that could be hazardous. We will analyze all of that and then take all that data and prioritize our implementation phase for correcting all the sidewalks. We have also had a planning meeting one week and one half ago, which your Mr. Siddoway attended. We are interacting with the City Planning staff and asking what your priorities are in your city so that we can take what comes out of this study, which would show where the highest concentration of problems were in any area. We still expect that to show needs greater than we had the funding for. We'd like to overlap with what the city would like to see and start working on areas in your city to get complete sidewalk and bike lane systems. I neglected to mention we are also inventorying the bike lanes at this point. De Weerd: So, would you be then pursuing additional funds from the City or is it just for this study? Levihn: This is just for the study. We submitted in February of this year a $5 million request to HUD for discretionary funding. We are not hopeful of getting anything this year, but that is one (inaudible) we are pursuing additional funding on. This would help us with prioritizing our $2 million program that we currently have in the five-year work program for community programs and we will pursue other options. We would at this point, not be asking the city for funds for the implementation, part of the study is to for the consultant to come up and work with us and the public input process to try to determine what are the best ways for funding this effort because I think as is typical we are anticipating much greater needs than we currently have funding available for. But, we would like to tackle the needs in an order that also addresses the concerns of the jurisdictions that we are working in. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: And I heard - you are asking for funds and I guess one of the questions that I have is why is the Highway District soliciting funds from the city on this project? Levihn: Well, I am doing it at the direction of our Commission. Our Commission feels this is a high enough priority and that cities have been requesting an increasing number of sidewalk work. They have put aside $148,000 for this year to do this Tier 1 effort and complete the consultant work and the report funding and we just would like to do it in a more timely manner and don't have the budget right now. ( Meridian City Pre-Council Meeting July 20, 2004 Page 9 of 22 De Weerd: Mr. Chair. Nary: Madame Mayor. De Weerd: I guess that raises another question, Katy because Meridian has not benefited from that program at this point. I know, certainly, having just learned about is six months ago that I asked staff to look into it and see if we could be. I think that Commissioner Eastlakes correspondence out to the communities did raise this, as it is a program that we haven't had any good knowledge of or been a participant and we want to be a participant because we have not really utilized your program. So, I think at this point even those communities that have utilized the program and have benefited from it, they should be the first ones that you approach. I agree this is a needed program, so don't get me wrong. I did want to even get more of the priorities around the schools to make sure that we have connectivity on the sidewalks and suggested to Planning and Zoning that we get the PT A's involved in identifying those areas; so, when this came up I was - and the request for funds, having not been a participant in the program it was a little bit out of the ordinary. But, I understand your importance to getting it done, but I would think that some of the benefactors of that program should be kind of the first ones to help fund. (lnaudible---) well some of the decisions on the benefactors of getting some of these grants and improvements be determined on who participates in the funding of the Tiers. Levihn: Not for the Tier 1, not at all. I mean that downtown area we are committed - those core areas we have to be committed to doing those. Tier 2 it's just a matter of bringing those into the program. I mean until we identify the needs, it would be difficult to tell where in the Tier 2 we should do it. But, I do not anticipate us holding that hostage over anything. De Weerd: But the priority would be in the Tier 1 areas because those are probably the most needed. Levihn: Those are the most needed and that's where we will at the end of this summer then have really concrete data that's been collected on those. And, yes, part of this whole community program thing - the previous largest component of the community program, which was residential streets and neighborhood enhancement about ten years ago was set up on a request based process only. I think that's why you think you have not benefited from. That represents roughly a million of the two million dollars. De Weerd: I know, we've never asked. Levihn: Well, no, but you have under community programs benefited some because there are other programs, miscellaneous concretes they (inaudible) to school where we have gone out and done it, but what staff recommended and the Commission agreed with is we need to be going to a needs based program, Meridian City Pre-Council Meeting July 20, 2004 Page 1 0 of 22 not a request base because as you have so aptly pointed out some people heard about it, some people didn't Some people are more vocal, others are not so organized. I mean, where there are neighborhood associations that are strongly organized and have a whole process. They have been very successful. Of course, there aren't neighborhood associations so strongly organized across the county. So, this is a whole transition program trying to go from, you know, hear it by ear to needs based coordinated with the city jurisdictions about where they would like to see it, see the dollars spent. See you are correct We are in a transition. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I can definitely see the benefit of the program and certainly in a growing city like Meridian and a growing school district it could probably help the site selection of those schools, which is an agenda item that we discussed with the Highway District in lieu of the new middle school on Linder. So, I think it's certainly an important program whether the city should participate or not is certainly a question, but I do have a question and that is Tier 1 has already been funded and if the city chooses not to fund Tier 2 program, does that mean that it won't get done? Levihn: It means it won't get done this year, this summer or this fall. You know the Commission will reevaluate next year when we go into that. Yes. It's not like it may never get done. I am not sure where they are going to stand on that. We just felt there were economies that scale trying - we got people trained, just have them keep on going and get it done. This was our strategy to try to get that done this year. Nary: This is probably a silly question, but it seems to me that this is really the Highway District's program, not ours. We would merely be funding it to get it done sooner than later. Would the Highway District reimburse us back the fee? Levihn: That's not a silly question. I have not had that asked before and I don't know the answer to that. I could ask and find out for you. De Weerd: Mr. Chairman. Does Steve want to add anything? Siddoway: Mr. Chairman. Nary: Steve. Siddoway: From staff's perspective the - what this will do is help us get a comprehensive look at what we have and what our needs are in relation to sidewalks, bike lanes, safe routes to schools, etc. throughout the city by at least Meridian City Pre-Council Meeting July 20,2004 Page 11 of 22 adding the Tier 2 so that we can identify our priority areas to go after those funds with. Right now we know of some needs, for example, the Sawtooth Middle School on Linder Road. There was discussion and has been quite a bit about the need for a route to that school. That area shows up in Tier 2 and we know of some ad hoc needs, but how do we as a city prioritize those without knowing the full picture of what our needs are? This study would get us that picture. Timing wise, I would assume the - I think the Highway District was on a schedule to fund Tier 1 this year, Tier 2 the subsequent year, but this is just an effort to move it all up into one effort. Seems beneficial, it's just the timing, but getting it would help us from a planning standpoint be able to review the needs and move forward with some priority to try and apply for funds to the Community Grant Program. De Weerd: Mr. Chairman. Nary: Madame Mayor. De Weerd: Steve or Anna is there anything in your budget that could assist in the cost? You know we could put this back on the agenda next week and look at our budget. We have been squeezing out projects here and there and the dollars are limited, but maybe we can come back next week and if Council is interested in being a partner to this. I think Steve raises a good point. Sawtooth Middle School is certainly - we have a meeting tomorrow on this, so I guess, Anna, maybe we could just come back next week and see what we can do as far as budget if you think this is something that we should consider. Canning: We will review our expenses, but we are pretty tight. We just hired the parking consultant as well as Diane Christlen's work and then Sharon Bacuban's work on the design guidelines, but we may have some. We will double check. Levihn: President Nary and Mayor De Weerd is your fiscal year end September 30th like ours does? Nary: Yes. Levihn: I did get an okay from the Commission that if you couldn't do it this year, we could go ahead and finish it and you could reimburse us in the next fiscal year, so that gives you a second option for budget, looking at the budget. Nary: Or if you guys were funded in your next fiscal year, we wouldn't have to reimburse you. Levihn: At the moment it is not funded in our draft fiscal year 2005 budget, which goes before the Commission August 25th. We are all in the same boat on budget issues. Meridian City Pre-Council Meeting July 20, 2004 Page 12 of 22 Nary: What we will do, Katy, is we will put it on our agenda next Tuesday on our pre-council agenda and in the meantime we will see where budgetarily if we have that kind of funding that we could consider that. Okay? Levihn: President Nary and Council, I very much thank you for even considering it. Thanks. Nary: Thank you. Item 5. Discussion on Dr. Freilich Guide Plan and Implementing Ordinances: De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I had a conversation with Matt Stahl at COMPASS last week after having the conversation with Council and our Planning and Zoning Director's concerns about some of the duplication and if some of the concerns have been really hammered out and I did ask that Matt if he could have someone represented here today to share that. He said that Charles Turner would join us, so Charles maybe you can give us a summary of kind of what has transpired in particular the last week to make this a much stronger effort. Turner: Thank you, Mayor, members of Council. I, too, will give you some paper. This is not very fascinating looking material, but it's an attempt to try to compare the two projects. Sometimes what's called the Freilich Project or the Ada County or Countywide Land Use and Transportation Guide Plan or Ada Guide Plan and Communities in Motion. While Ada Guide Plan is focused on Ada County itself, Communities in Motion would be looking at a much larger area; up to six counties. However, both studies, land use is at the core of what will be considered and that's where we are looking at a lot of coordination between two projects. What I have provided to you is a table that looks at where some of those key junctions are between the two studies. The first column, the Ada Guide Plan Scope; the second column shows the intersect and sort of what are the similarities between the two projects. The last column is probably the most useful one for discussion. Those are areas in which we would look to see some coming together of the two groups that will be overseeing the progress of the Ada Guide Plan and the Communities in Motion project. The first one we are seeing is that on the second page in the Ada Guide Plan is Task 2.8; this is a case where for both the Ada Guide Plan and Communities in Motion is going to be an early stage at which the respective groups will be looking at the project and try to come up with a understanding about what's important to them as the outcome of these studies, what are the priorities, what do they expect to see coming out of the study and that's where we see that the two studies and the two groups need to get together so that there are meshing. The second major Meridian City Pre-Council Meeting July 20, 2004 Page 13 of 22 activity comes at Task 6.1 for the Ada Guide Plan and at this stage we have already had a series of facilitated workshops with the public, the elected officials, other stakeholders and trying to get them to look at lane use scenarios who (inaudible) Ada County (inaudible), who conditionally what we have done in developing a transportation plan is we have used one scenario of how growth can occur and let what we know to be the case, which is the way (inaudible) happens who guides the future of transportation. Just a case in point, basically, at very low densities, who at two years breaker, three years breaker, you can't go very efficient use of public transportation systems. It really takes densities of six to eight years per acre to get efficient use of fixed routes. That's going up and down the street on a schedule-type transportation. So, after these scenarios of these workshops have occurred, there needs to be a selection of what is the preferred scenario? What's (inaudible---) section junction and coming together of these two groups. Communities in Motion consultant will be working closely with (inaudible) team and the development of those scenarios. We have hired a very respective group, (inaudible group name) part of our consultant team for Communities in Motion. They have looked in Utah, where they envision Utah programs, they are very effective at providing computerized simulation of land use and kind of a gamey approach with the public because quite frankly a lot of what we have done is very, very boring. Lots of tables, GIS and it confuses even our own staff sometimes and we need a more effective process to work with the citizens and other stakeholders. What's (inaudible) scenario is produced? Eventually we come down to the last point at which what does it all mean? What does it tell us about what's going to happen in the community? This is (inaudible) 8.2 and what does it mean for transportation? Based on the preferred scenario, what's important? What are the priorities for roadways, for pathways, public transportation? That's where we are seeing that we need a final meeting with these two groups and you have draft plans and recommendations that are being put together by both the Ada Guide Plan and Communities in Motion and this is consistency, not only between the two different efforts with (inaudible) Ada County to ensure consistency with what we are looking at outside of Ada County and how it interacts with the Freilich study and systems within Ada County, especially within Canyon County. So that third point, basically, is are we talking about the same conclusions and needs coming out of both studies. Once our study is complete with this draft, we will have a set of transportation recommendations. It's at that point that I understand that the Freilich study (inaudible) will go into itself, which is okay what do we need to make these scenarios work. How do the Comprehensive Plans and the ordinances need to be mooted. This is a place where the Ada Guide Plan gets much more detailed, very specific and into regulation and implementation. Should that be the desired outcome of the Ada Guide Plan? We see it as important to Communities in Motion because there has been a weakness that we could make an assumption about land use. (Inaudible--) if it doesn't happen, our plan is not going to be any good. So, we need to be certain that not only does our perception of future growth for Ada County not only reflect what the communities want, but what the communities want in the Comp Plan is being carried out in ordinances for the Meridian City Pre-Council Meeting July 20, 2004 Page 14 of 22 respective communities. So, we have seen a lot of strength in these two prostheses going together and being consistent. (Inaudible-------) outcome, but I think the overall product is going to be (inaudible), which is a consistent and implement-able transportation and land use (inaudible) for Ada County. Thank you and I will stand for questions? Nary: Council, do you have any questions? De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess I do want to comment. I appreciate COMPASS working diligently on this. It's like I commented in COMPASS yesterday, you know, dissention and friction sometimes comes up with a much better project and product. Isn't it great that COMPASS is presenting a great offense for the Dr. Freilich study? I think it's wonderful, but I also on a personal note to Charles, who would have ever thought four years ago on our land use subcommittee on COMPASS would we ever get to this point? It's pretty exciting. It's exciting to see us move forward with these concepts in mind and be in a little bit more proactive understanding the marriage between land use and transportation. Great steps have happened. Nary: Any other comments, Council? Bird: I have none. Turner: My thanks to you staff who have sat through many meetings of our Demographic Committee. They have shown great fortitude. Nary: Did you have any comment or anything? Thank you very much. Item 6. Discussion of Golf Course Amended Ordinance: Nary: If I am looking at this properly, this is just creating an infraction, is that right Mr. Nichols? Nichols: Mr. President, Madame Mayor, members of the Council. There are really two ordinances and you didn't get it on your disc, but you have it on hard copy in front of you. The Penalty Ordinance is one that just makes that golf cart violation just an infraction. The second ordinance, which is the one that you asked us to draft quite some time ago, which really covers two areas and one is addressing the Golf Course trespassing issue that is important to the operator at Cherry Lane where we delineate specific things that are violations, for example, people can't picnic on the course, can't jog across the course. Basically, it limits those who can be on the course at any given time. It's a little stronger than the Meridian City Pre-Council Meeting July 20, 2004 Page 15 of 22 standard trespassing ordinance in that it allows the course to be able to post notices so that they can educate the folks around the course as to what they should or shouldn't do. The second part of this ordinance has to do with places of operation of golf carts - (Tape turned over) Nichols: -- the lessee of the golf course, we have included language which allows the operator of the course to operate it's equipment on city streets while in transit from the storage equipment area to the golf course because that's where they store a lot of that is right off of Cherry Lane. Then secondly, we have added Meadowlake Village Subdivision, the Touchmark Development as another place where golf carts are allowed. So, that's the focus of this particular draft ordinance. We wanted to cover those things with you. The one that was in your packet was a simple amendment, which we had put forth a while back that had not yet come forward to you and we left it as a stand-alone because it's in a separate title. Nary: Council, any questions on either the one that is on the disc or the hard copy one that is before us, or do you need more time to review that? Wardle: Mr. President. Nary: Mr. Wardle. Wardle: Probably would like just a little more time, but I do have a question of the Chief. Chief, do you think that the cart portion of the ordinance is encompassing enough to make that a standard for the whole city? Musser: Mr. President, members of the Council and Councilman Wardle in particular in regards to where we are at we initially had left it just within the square mile section of the municipal golf course, there is the need to be able to extend over to where the maintenance buildings currently are outside of that bubble, but moving into the metal lake area, I wasn't aware that initially that when they were putting that together that with the nature of the Senior Center located up there and the type of usage and their small little executive course that they have that they were really leaning towards doing that within that subdivision as well. I think this gives us a good blend citywide and still keeps it isolated to specific golf course areas and in particular with the addition of Meadowlake Village that we can accommodate ourselves to that. We are not looking to see golf carts driven throughout the city, but be allowed just within the confines of these specific areas and of course to also allow for the folks that are maintaining the golf course right now to get from those maintenance sheds across where before technically they were in violation. ( Meridian City Pre-Council Meeting July 20, 2004 Page 16 of 22 Nary: Chief do you think on golf cart issue, the Meadowlake Village that the ordinance should require some signage. I mean those are public roadways in there with vehicles that are accessing - isn't there the access to that Montvue that comes out of that? Musser: Councilman Nary, I believe there is an access there that is present and that is something that we probably have to look at as having signage for just within the confines of that subdivision because obviously Montvue is outside as is the St. Luke's Campus itself, however, within St. Luke's they already currently operate golf carts as a matter of being able to transport patients to and from, but it's a private property situation as opposed to the public street. But, I would agree signage would probably be a key issue at this point for us within Meadowlake. Nary: It might be best to have something in the ordinance that requires that they be signed at the access points or something like that if they are going to allow that. [mean, I don't know if they need ACHD's approval as well since it will probably be in the public right of way, but I am just afraid of people turning their cars in there not realizing that there is golf carts that are going to be in the road way and not noticing that they are there. Musser: I believe that probably would be a good point. We do have signage to warn off golf carts, currently up at the Cherry Lane Golf Course for where there are crossings within a roadway. There are signs there so noting, so it might be a very applicable to go ahead and make sure that we had warning signs listed within the Meadowlake Village as well. I can follow up on that with ACHD if you would like. Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Point out the follow up with the Chief's comments that there isn't anything in the current ordinance that requires the signage, but that's just something that was done, so I don't know that the ordinance needs to be amended. Secondly, I should give credit to the Meadowlake Village part of this to Allison Tate, who read the Statesman article in which the operators of that development indicated that they were going to encourage seniors to use golf carts within the development in lieu of their cars and it was Allison that brought that to our attention to where we added this into the draft. Siddoway: Mr. President. Nary: Mr. Siddoway. Meridian City Pre-Council Meeting July 20, 2004 Page 17 of 22 Siddoway: I am not sure how this affects the discussion, but the only public streets in Touchmark run from Franklin Road to the second roundabout on Touchmark Way that includes the stub that goes over to Montvue, but from the second roundabout beyond around the golf course and everything and all the streets internal are all private streets so they are not public streets in there except for that main collector - I don't know if it's a true collector, but the Touchmark Way that runs from Franklin Road up to the second roundabout, I wouldn't expect to see golf carts beyond that heading out to Franklin. You'd think they would be around from the residential areas or the golf course and all of those streets are private. De Weerd: Mr. Chairman. Nary: Madame Mayor. De Weerd: I guess I would be interested to know on enforcements. You know, who is authorized to fine and who enforces this new additions. Nary: Chief, Mr. Nichols? Nichols: Madame Mayor, members of the Council as I understand it, one of the things - let's address the trespassing first. One of the problems, the operator the golf course has had is people have basically said this is a city owned piece of property that I can jog across here if I want to and they have had issues with that. So, one of the problems of the existing trespassing ordinance or maybe you call it a problem or maybe not is that they are not trespassing until you tell them to leave and they refuse to do so. So, you have an enforcement problem because if the operator says hey you are not allowed to be here and they leave, but then you have got to catch them every time. Whereas, this contemplates is notice that the only people that are allowed to be on the golf cart course are these certain categories and I think what the course indicated in previous discussions with the Council was that they would look at signage in places where the joggers are running across or kids are trespassing on their way to school or whatever the issues are, so that signs are put up. The neighborhood homeowner's associations are notified - just different things that way. But, it would be up - I mean, either a police officer would have to observe it or the golf course operator would have to observe, call the police, catch the person or know who it was and (inaudible) and complaint as I understand the way the enforcement would occur and Chief can elaborate further on that. Nary: Chief, did you have anything to add to that? Musser: At this point, Council, not much. Our attorney summed it up pretty well, however, on the infraction citation on the basis of a signature by parties from out at the golf course we could issue those out and if they have knowledge of who the people are and are willing to provide the statements it makes it a little bit Meridian City Pre-Council Meeting July 20,2004 Page 18 of 22 easier for us to process through on that and we would have to rely upon their participation in order to make this active. So, it would be a shared venture, so to speak in between the Police Department and the golf course in order to do the enforcement, but ultimately it would fall to the Police Department. De Weerd: Mr. Chairman. Nary: Madame Mayor. De Weerd: I know the Chief and I have had conversations about this, but even though we have been in the process of getting additional staff, we have been short staffed and until we get a volunteer program up and going that they can come out and take some of these complaints and do some follow up at a civilian level. Right now our police officers are the ones who would have to respond and being short staffed, I guess my concern is that we are adding to their plate, which already is full for enforcement that should be dealt with personal responsibility and signage and a notation that proceed at your own risk. Where does the personal responsibility come in? If we had a bunch of police officers out here with nothing better to do, this would be a great pastime. But, J think right now, our police officers have their hands full. Unless we can find a better way to have this enforcement and we have citizens that could go out and take some of these follow up, our citizens citations and all of that this is a lot to ask of our already overburdened Police Department. I would like to see if through education of homeowner's associations and appropriate signage that that attempt is done first and having people assume personal responsibility and a proceed at your own risk type of thing before we add this to our Police Department. Nary: Mr. Wardle. Wardle: Mr. President. Just a comment on the Mayor's comments and I think personal responsibility for obeying the law and obeying rules is certainly the best course of action. But, currently as I understand it our Police Department enforces all of the laws in Meridian and currently if you are on the golf course and you are not doing one of these activities, you are trespassing and that trespassing charge is a misdemeanor charge, which I don't necessarily feel is warranted. I think an infraction is a better course of action and I do agree that enforcement wise we don't need to overburden our department with these infractions, but at the same time we have a duty to uphold the law and I think this makes it easier for the department not to have to rush out when they have something more important to do and can allow us to enforce the law without making it such a crime and reduce that to an infraction. Nary: I guess my concern on a couple of these things is that - the first is this ordinance doesn't incorporate or deal with when the course is not open. It deals with it 24 hours a day. Personally, I don't care if someone walks on that golf course if it's closed. It is the public's ground. There is a vendor to operate a golf Meridian City Pre-Council Meeting July 20, 2004 Page 19 of 22 course. When it's not being operated, I don't really care if somebody walks across it. I don't care if somebody extends their yard out into it when it's not being operated and this ordinance doesn't incorporate that. I don't want somebody getting cited for walking across the golf course when it's not open. What difference does it make? So, I think that's one flaw that I see in this ordinance. You know, one of the comments that I have heard prior to the meeting from other folks is the concern is that someone is going to get hit. That is their own risk. The Mayor's point is well taken. If they have notice there is a golf course here and they get hit, that's their own risk. It happens to be a golf course that is next to hundreds of houses. It has been there for 25 years. I don't know how many people get hit, but I don't necessarily think that it's probably the best thing to just create different crimes when a crime already exists for it. If it really is a problem with people trespassing, there is a law that says, here is the violation, call the police. If they leave and return, they could be arrested. But, for people walking across it, especially when it's closed, I don't have any reason to want to pass an ordinance to prohibit that. It doesn't make any sense to me. You must want to say something? Link: Madame Mayor, Councilman. Nancy Link, Cherry Lane Recreation, 4200 Talamar Boulevard and my comments about people on the golf course after hours - we don't so much mind people walking out there either just to walk down the side of the golf course, but we also have difficulties with people who allow their children to play in our bunkers as their sand box and we have other people for instance, in the winter when there is snow on the ground who want to cross country ski. We have had snowmobiles on the golf course and we also - I would agree with Mr. Wardle that reducing this from a misdemeanor to an infraction is a better way to go because we don't want to make anybody mad. We don't want to make anyone a criminal, but we do want a way to enforce when someone is overstepping their bounds on the golf course whether it's during working hours or not that there is some alternative that we can use to handle the trespasser and different scenarios come up every single year about who is on there and what are they doing, so for me this is a nice way to go. It also allows us a kind of event so to speak in order to put those signs out there to send out a letter to the homeowners' associations and to notify the people in the area that this is a change, this is what can happen, so please educate your children, educate yourselves about where you should be and what you could be doing out there. We have people who play football. We have people who play volleyball. Nary: But that's my point. When it's not open who cares? So what? Tell me why --? Link: Well, we are open until dark. When they are playing is when we are open. They don't play after dark. We have teenagers. We just had a case of someone who peeled out off of one of the greens that's adjacent to the street and it's a - talked to the resource officers at the high schools it's a coo to drive onto the golf Meridian City Pre-Council Meeting July 20, 2004 Page 20 of 22 course and peel out of there. Not just ours, other golf courses, too. Eagle Hills has the same problem. Nary: I guess I don't have a problem dealing with damage issues, but in November, if you are not open and there is no snow on the ground and someone walks across it or plays on it- Link: Okay, we are open - Nary: But I am saying, if you are not open and there is no snow on the ground or even if there is and they don't damage anything, tell me why it matters -- Link: Okay. Nary: -- to not allow someone to do that. It is next to houses and that's just the way it is. I guess, I don't see a problem if they don't cause any damage. Link: The damage occurs when the snow - if there is snow on the ground and the snow is compacted and if it's on the fairways there is damage. You will see in the early spring those marks where the snow was compacted and the grass actually dies and it has to re-grow. There is - but on the greens is where the real damage occurs. If we could do something to keep people off of the greens we could compromise on people being on the fairways because the fairway grass is hardier. Where the whoop-to-do's, where people want to play and sled and skate is on the greens. That is a problem. That grass is very delicate and it doesn't take a lot of pressure with that snow packed down it produces a fungus then and kills the grass. Nary: Anyone else? Bird: Mr. President. Nary: Mr. Bird. Bird: We could sit here all night, I think and argue, but let's send these on forward. Mr. Rountree will be back. I know he has definitely got a view on it, seeing how he lives on the course. I would say we move these forward to a regular meeting and get them passed or not. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess since Councilman Wardle is doing a presentation next week that I think a couple of these were going to accompany that. I think we need to give this an opportunity for even - since it is a residential golf course that you Meridian Cay Pre-Council Meeting July 20, 2004 Page 21 of 22 give notice to the homeowners' associations and I guess it's that same struggle as we are talking about the golf course is how do you get people notified that things are going on? It's not public noticing issue and I have had people that have talked to me of concern and I appreciate, Nancy, your comments on the greens and I don't think there is a lot of people are even cognizant of what all does go on at the golf course that, you know, these are things that need to be discussed and if we could make an effort to notify at least the homeowners' associations in that area that this conversation and this ordinance is being proposed so that they can come and support some of these stories. I know some of the things that do go on as well. But, I think they should be allowed the opportunity to comment and participate in this, too. And that they also know that this (inaudible) a fine rather than a misdemeanor and they can be hauled off to jail. Nary: Madame Mayor maybe we could do something we don't usually do, but we can put this on our regular agenda for first readings rather than to waive the reading rules, put it on for first reading. There are three readings under the State Code you can have before you pass an ordinance. Put it on for first reading - if there is public comment next week, I see our folks in the newspapers here, so there is at least some opportunity for people to know that we are going to be discussing it and if they are here next week, we will hear them; if they come the next week after that we will hear them; if they come the week after that we will hear them. They have an opportunity to come and tell us what they think and we could do it that way. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess the Clerk's Office from what Mr. Berg had told us was attempting to identify all the homeowner's associations and get notice out that that can move forward as well. Nary: I am sure Ms. Green will take care of that. I am sorry Mr. Wardle you look like you were going to say something. Wardle: Mr. President I was also going to just say that the Clerk's Office has been attempting to notify those and I will certainly check in this week to try and get some public comment back on the ordinance as well as the conversations that we will have next Tuesday. I think it's a great opportunity for people to comment on something that definitely affects what, in this case, is literally their backyard. Nary: Great. So, we will have it on our agenda next week and we have come to the end of this agenda. If there is nothing else, I would take a motion to adjourn. Meridian City Pre-Council Meeting July 20, 2004 Page 22 of 22 Bird: So moved. Wardle: Second. Nary: It's been moved and seconded to adjourn the Pre-Council meeting of July 20th. All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: T~ ,\\llll 111111, ,\ ....& ~/I. :0." _~ Vi 1', " .4..... 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'::i.i . . . .. ..... ......... . : CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 20, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: )( Shaun Wardle X Bill Nary o Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Lfd b..\ 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: PtC"Sentt'd 4. Adoption of the Agenda: Approve. as Amended 5. Employee Service Awards: R-CSd1 \cd 6. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 03- 038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: ~ B. Findings of Fact and Conclusions of Law for Approval: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Approve C. Findings of Fact and Conclusions of Law for Approval: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station / convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Corner Subdivision by i Meridian City Council Agenda - July 20,2004 Page I of 4 All materials presented at public meetings shall become propelty of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office a1888-4433 at least 48 hours prior to the public meeting. ( Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Af1CYo-C D. Findings of Fact and Conclusions of Law for Approval: VAR 04-004 Request to allow a reduction from the required 5-foot interior side lot line setback to 4-foot on the west side of Lot 6, Block 11 for Baldwin Park Subdivision No.5 by Capital Development ICapital Homes -1127 W. Great Basin Drive: Approve. E. Order Accepting Withdrawl of Application: RZ 04-005 Request for Rezone of 9.47 acres from R-4 to R-8 zone for proposed Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: AppYovc.. F. Order Accepting Withdrawl of Application: PP 04-011 Request for Preliminary Plat approval of 42 single-family residential building lots and four common lots on 9.47 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: A~ G. Order Accepting Withdrawl of Application: CUP 04-011 Request for a Conditional Use Permit for a Planned Development for proposed Larkspur Subdivision with request for reduction to the minimum requirements for lot size, street frontage and front and street side yard setbacks by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Awro\fe H. StreetliQht Agreement for Champion Park No.2 by Hillview Development: ApprovG- I. Water and Sewer Easement for Lynnwood Plaza by Crestline Development: A-ppmvc J. Overland Road Rebuild Water Line Reimbursement: Apprt>vc K. Well 25 PumpinQ Facilities Contract - Irminger Construction: ~ L. Well 26 Test Well Change Order #1 (Final) - Adamson Drilling: AffYovc M. Memorandum of Understanding for GIS fees: Approve" N. Agreement for Economic Development Coordinator: AJ/frl:JvC O. Agreement for Professional Services. Water & Wastewater Fee Evaluation - Environmental Financial Group: 'A~ Meridian City Council Agenda - July 20,2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation fordisabiJities related to documents and/or heatings please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting. 9. 10. 11. 12. 13. 14. 15. P. Development Agreement: AZ. 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for MaQic View Court by Larry Hellhake - 2855 Magic View Drive: APprove 7. Department Reports: A. Policy ChanQes for Holiday Time I Flex Time: HDVe tD(u;ard UJ8:.h ~ SD\ Ll:nO'"' B. Police Department - Chief Musser 1. Discussion of Resolution for Abandoned Vehicles: Nod wcc)::.-) agO'lckL (Items Moved from Consent Agenda) 8. Tabled from July 6, 2004: FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn Faire, LLC - south of West Ustick Road and west of North Black Cat Road: Table to crLlty on I dOO4- FP 04-046 Request for Final Plat approval for 72 single-family residential building lots and 15 common lots on 31.35 acres in an R-4 zone for Fulfer Subdivision No.3 by Kevin Powell - north of West McMillan Road and east of North Ten Mile Road: \" ll.\o\c:.... b J U L'j 21,2001- FP 04-044 Request for Final Plat approval for 5 commercial building lots on 2.88 acres in an L-Q zone for Lynwood Plaza Subdivision by Busterback Development, LLC - north of West Cherry Lane and east of North Ten Mile Road: Ta~c to Jlll~ ~1 ,~04 FP 04-045 Request for Final Plat approval for 53 single-family residential building lots and 10 common lots on 17.83 acres in an R-4 zone for Bridgetower CrossinQ Subdivision No.8 by Primeland Development, LLP - south of West McMillan Road and east of North Ten Mile Road: ~()vE; Continued Public Hearing from July 6, 2004: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road: TQble AugUb>+ 'b, 2fX)tf Public Hearing: Sale of Property at Public Auction: Appr f3rC ~,& Water, Sewer and Trash Delinquencies:Ap(-vovt:J Meridian City Council Agenda - July 20, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. / , 16. Ordinance No. ~ ~ \ ()C)J AZ 04w008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for MaQic View Court by Larry Hellhake - 2855 Magic View Drive: ^PFi();e 17. Executive Session per Idaho State Code 67w2345(1)(f): No O::"C\<;.U:,V- Meridian City Council Agenda - July 20,2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hemings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. August 6, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT August 10, 2004 ITEM NO. l.o-A REQUEST Approve minutes of JUly 20, 2004 Ciiy Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 20,2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary o Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: Presented 4. Adoption of the Agenda: Approve as Amended 5. Employee Service Awards: Presented 6. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 03- 038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Approve B. Findings of Fact and Conclusions of Law for Approval: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Approve C. Findings of Fact and Conclusions of Law for Approval: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station / convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Corner Subdivision by Meridian City Council Agenda - July 20, 2004 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Approve D. Findings of Fact and Conclusions of Law for Approval: VAR 04-004 Request to allow a reduction from the required 5-foot interior side lot line setback to 4-foot on the west side of Lot 6, Block 11 for Baldwin Park Subdivision No.5 by Capital Development ICapital Homes - 1127 W. Great Basin Drive: Approve E. Order Accepting Withdrawl of Application: RZ 04-005 Request for Rezone of 9.47 acres from R-4 to R-8 zone for proposed Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Approve F. Order Accepting Withdrawl of Application: PP 04-011 Request for Preliminary Plat approval of 42 single-family residential building lots and four common lots on 9.47 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Approve G. Order Accepting Withdrawl of Application: CUP 04-011 Request for a Conditional Use Permit for a Planned Development for proposed Larkspur Subdivision with request for reduction to the minimum requirements for lot size, street frontage and front and street side yard setbacks by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Approve H. StreetliQht AQreement for Champion Park No.2 by Hillview Development: Approve I. Water and Sewer Easement for Lynnwood Plaza by Crestline Development: Approve J. Overland Road Rebuild Water Line Reimbursement: Approve K. Well 25 PumpinQ Facilities Contract - Irminger Construction: Approve L. Well 26 Test Well Change Order #1 (Final) - Adamson Drilling: Approve M. Memorandum of Understanding for GIS fees: Approve N. Agreement for Economic Development Coordinator: Approve Meridian City Council Agenda - July 20, 2004 Page 2 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. O. Agreement for Professional Services, Water & Wastewater Fee Evaluation - Environmental Financial Group: Approve P. Development Agreement: AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for Magic View Court by Larry Hellhake - 2855 Magic View Drive: Approve 7. Department Reports: A. Policy Changes for Holiday Time / Flex Time: Move Forward with Resolution B. Police Department - Chief Musser 1. Discussion of Resolution for Abandoned Vehicles: Put Resolution on 7/27/04 Agenda 8. (Items Moved from Consent Agenda) 9. Tabled from July 6,2004: FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn Faire, LLC - south of West Ustick Road and west of North Black Cat Road: Table to July 27,2004 Meeting 10. FP 04-046 Request for Final Plat approval for 72 single-family residential build ing lots and 15 common lots on 31.35 acres in an R-4 zone for Fulfer Subdivision No.3 by Kevin Powell - north of West McMillan Road and east of North Ten Mile Road: Table to July 27,2004 Meeting 11. FP 04-044 Request for Final Plat approval for 5 commercial building lots on 2.88 acres in an L-O zone for Lynwood Plaza Subdivision by Busterback Development, LLC - north of West Cherry Lane and east of North Ten Mile Road: Table to July 27,2004 Meeting 12. FP 04-045 Request for Final Plat approval for 53 single-family residential building lots and 10 common lots on 17.83 acres in an R-4 zone for BridQetower Crossing Subdivision No.8 by Primeland Development, LLP - south of West McMillan Road and east of North Ten Mile Road: Approve 13. Continued Public Hearing from July 6, 2004: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road: Table to August 24, 2004 Meeting Meridian City Council Agenda - July 20, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 14. Public Hearing: Sale of Property at Public Auction: Approve Sale 15. Water, Sewer and Trash Delinquencies: Approve 16. Ordinance No. 04~1 091 AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for MaQic View Court by Larry Hellhake - 2855 Magic View Drive: Approve 17. Executive Session per Idaho State Code 67-2345(1){f): Meridian City Council Agenda - July 20, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council MeetinQ July 20, 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, July 20, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, and Shaun Wardle. Members Absent: Charlie Rountree. Others Present: Bill Nichols, Will Berg, Anna Canning, Brad Watson, Bill Musser, Kenny Bowers, Doug Strong and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Welcome to the regular Council meeting. It's Tuesday, July 20th. It is 20 after 7:00 and we will begin with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No.2, the pledge of allegiance, and I have asked Katelyn Parsons and her dad if they would, please, lead us in the pledge. Item 3: Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: De Weerd: Thank you, Katelyn. And thank you, Officer Parsons. We do have -- Item NO.3 is the community invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle. If you will, please, lead us. Roberts: Thank you, Madam Mayor and the Council, again, for the invitation to the faith community to be a part of these meetings. Let us pray. Most gracious and kind Heavenly Father, creator of all things, we are so thankful that we can invoke your presence into this time of meeting tonight. We ask for your wisdom and your guidance to be a part of this meeting, cause us, oh, Father, to have a greater understanding of the importance of living in a community such as this. We ask for your continued blessing and guidance in Jesus mighty name we pray, amen. De Weerd: Pastor Roberts, I would like to give you one of our new City of Meridian pins for your participation. Meridian City Council July 20, 2004 Page 2 of 14 Roberts: Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. I guess I have been always announcing Item 3 in our new partnership with the faith community and how much it has been a pleasure having that peace to our agendas. I have also invited people in the audience, if they do not wish to join us in prayer, that this would be a moment of silence to kind of put things in perspective before the meeting. So, I have stopped doing that, but that is -- now, it's a very important part of our meetings and so I tend to forget, so I will try and remember to preface that number each time with that invitation. But, Pastor Roberts, we appreciate you coordinating this important piece of our meetings and thank you for being here with us. He was a fill-in tonight. So, Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have been requested by some of the applicants to table. Item 9 they'd like tabled to July 27th, 2004. Item 10 they would like tabled to 7/27/04. July 27, 2004. Item 11 they'd like tabled to July 27th, 2004. And Item 13 they would like that tabled to August 24th, 2004. And with that I would move that we adopt the revised agenda. Wardle: Second. De Weerd: It's been moved and seconded to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Employee Service Awards: De Weerd: Another great honor I have tonight is to recognize several of our long-term employees and Council this year budgeted money to expand our appreciation of our employees that have worked for a number of years or have reached certain milestones and we appreciate the members as they reach these five, ten, 15, 20, 25 annual -- I see a 30 year employee tonight. But we appreciate your service to our city. It is of great pleasure to see these long-term employees and the value that they add to our city. So, with that said, we are also making up for last year when we did not give out our longevity awards, so I will first give recognition to those employees. We have two employees that had ten-year anniversaries and so at this point I would like to recognize Sonya Allen, who is with our Planning and Zoning Department, and Rick Clinton, who is our water superintendent. So, if I could meet you down here. I will just stay down here. Okay. It's not like I'm disorganized or anything. Okay. We have two employees that reached their five year anniversaries and I will also preface that we have asked you to ( Meridian City Council July 20, 2004 Page 3 of 14 come to City Council, because we all recognize, Council and Mayor, how important your service is to our community and to our city and so we did want to make it a little bit more special and so we appreciate you taking a night out of your life and joining us. But I will recognize our five-year employees that have reached those marks this year. Steve Siddoway with our Planning and Zoning Department, Officer Parsons with our police department, and Kathy Dennison in our finance department, if you will step forward? I have now a special award. It's not often that you have an employee that reaches 30 years of service and Jean Moore in the police department, I think she's grown up with our city and our city would not be the same without her as an employee and a very valued employee. So, it's with great pleasure I present this certificate of appreciation, Jean. Once again, thank you for joining us here tonight. It's certainly our honor to recognize you for your years of service and we look forward to the next five-year milestone. Item 6: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 03- 038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: B. Findings of Fact and Conclusions of Law for Approval: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: C. Findings of Fact and Conclusions of Law for Approval: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station I convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: D. Findings of Fact and Conclusions of Law for Approval: VAR 04-004 Request to allow a reduction from the required 5-foot interior side lot line setback to 4-foot on the west side of Lot 6, Block 11 for Baldwin Park Subdivision No.5 by Capital Development ICapital Homes - 1127 W. Great Basin Drive: E. Order Accepting Withdrawl of Application: RZ 04-005 Request for Rezone of 9.47 acres from R-4 to R-8 zone for proposed Meridian City Council July 20, 2004 Page 4 of 14 Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: F. Order Accepting Withdrawl of Application: PP 04-011 Request for Preliminary Plat approval of 42 single-family residential building lots and four common lots on 9.47 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: G. Order Accepting Withdrawl of Application: CUP 04-011 Request for a Conditional Use Permit for a Planned Development for proposed Larkspur Subdivision with request for reduction to the minimum requirements for lot size, street frontage and front and street side yard setbacks by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: H. StreetliQht AQreement for Champion Park No.2 by HilIview Development: I. Water and Sewer Easement for Lynnwood Plaza by Crestline Development: J. Overland Road Rebuild Water Line Reimbursement: K. Well 25 PumpinQ Facilities Contract -Irminger Construction: L. Well 26 Test Well ChanQe Order #1 (Final> - Adamson Drilling: M. Memorandum of UnderstandinQ for GIS fees: N. AQreement for Economic Development Coordinator: O. AQreement for Professional Services, Water & Wastewater Fee Evaluation - Environmental Financial Group: P. Development Agreement: AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for MaQic View Court by Larry Hellhake - 2855 Magic View Drive: De Weerd: Okay. Item NO.6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 20, 2004 Page 5 of 14 Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Deputy Clerk to attest on all proper papers. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda. Is there any further discussion? Okay. Mrs. Clerk. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Department Reports: A. Policy ChanQes for Holiday Time I Flex Time: De Weerd: Thank you. Okay. Item 7, Department Reports, A. You have seen before with the policy changes for the holiday time and flex time. I hope that you have had a chance to look at it again. We did -- in our last discussions it came up about comp time and at the directors' meetings that is a separate issue. It also is affected by the FLSA and so we would like to recommend at this time we don't make any changes. However, with the holiday time we wanted to make sure that the people that were on the eight, nine, and ten hour shifts were appropriately recognized for their work schedules and that they not be penalized for that and that they be brought in line as recommended in the new policy. So, at this point are there any questions or concerns that I could try and answer for you at this time? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I just see where, Council, as the liaison for human resources, I also had reviewed these and I think it is in line with what we have discussed a number of times about providing some flexibility to the work schedules and allowing for both the compressed work week, the flex time, and that it be consistent on the holiday for all of the employees that have those -- the different types of schedules. So, I don't know that there is anything we haven't covered previously, as the Mayor said. De Weerd: If there is no further discussion, I would -- unless Mr. Nichols has something to add. Nichols: Madam Mayor, Members of the Council, just a reminder that we like to adopt policies by resolution and so if the Council wants to move this forward, then, we will prepare an adopting resolution for it. De Weerd: Appreciate that. So, I would like to see if -- Meridian City Council July 20, 2004 Page 6 of 14 Nary: Madam Mayor? De Weerd: Yes. Nary: I guess if there is no other discussion, I would move that we move these policies forward and bring forth a resolution to the Council to adopt these as policies for the city. De Weerd: Do I have a second? Wardle: Second. De Weerd: Okay. It's been moved and seconded to Instruct the attorney to draw up the resolutions to adopt these policies. Is there any discussion? Okay. Hearing none, would you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Police Department - Chief Musser 1. Discussion of Resolution for Abandoned Vehicles: De Weerd: Thank you. I'm sorry, just Mrs. Deputy Clerk or -- okay. Item B is the police department. Chief Musser. Musser: Madam Mayor, Members of the Council, you should have before you a resolution that was prepared through our city attorney, which addresses providing the powers to our ordinance enforcement officers to actually do an impound of an abandoned vehicle within the city limits. At this time they clear and follow up and process on all abandon vehicles and they can post them, however, due to an oversight they didn't exactly have the power to actually do the impound, so our officers were -- this resolution would help us take care of that and let them go ahead and process on abandoned vehicles that we have that need to be impounded and towed away. De Weerd: Thank you, chief. Is there any questions? Bird: What's the resolution number, Mayor? Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we put this resolution on next week's Consent Agenda and pass it that way. De Weerd: Okay. Meridian City Council July 20, 2004 Page 7 of 14 Nary: Second. De Weerd: It's been moved and seconded to put this on next week's agenda for adoption. Is there any further discussion? Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: (Items Moved from Consent Agenda) De Weerd: There were no items moved from the Consent Agenda. Item 9: Tabled from July 6, 2004: FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire CrossinQ Subdivision by Autumn Faire, LLC - south of West Ustick Road and west of North Black Cat Road: De Weerd: So, we will move to No.9, which has been requested to table until July 27th. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we table Item 9 to July 27,2004. Nary: Second. De Weerd: It's been moved and seconded to table Item 9, FP 04-038 to July 27th, 2004. All those in favor say aye. All ayes, motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: FP 04-046 Request for Final Plat approval for 72 single-family residential building lots and 15 common lots on 31.35 acres in an R-4 zone for Fulfer Subdivision No.3 by Kevin Powell - north of West McMillan Road and east of North Ten Mile Road: De Weerd: Item 10 has also been requested to table. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 20, 2004 Page 8 of 14 Bird: I move we table FP 04-046 until July 27th, 2004. Wardle: Second. De Weerd: It's been moved and seconded to table Item 10 to July 27th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: FP 04-044 Request for Final Plat approval for 5 commercial building lots on 2.88 acres in an L-O zone for Lynwood Plaza Subdivision by Busterback Development, LLC - north of West Cherry Lane and east of North Ten Mile Road: De Weerd: Item 11 has also had a similar request. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we table FP 04-044 until July 27th, 2004. Nary: Second. De Weerd: It's been moved and seconded to table Item 11 to July 27th, which is getting to be a very long agenda. Bird: I was going to say-- De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: FP 04-045 Request for Final Plat approval for 53 single-family residential building lots and 10 common lots on 17.83 acres in an R-4 zone for BridQetower Crossing Subdivision No.8 by Primeland Development, LLP - south of West McMillan Road and east of North Ten Mile Road: De Weerd: And Item 12 gives us reason to be here tonight. FP 04-045 for Bridgetower Crossing Subdivision No.8. Anna. Canning: Madam Mayor, Members of the Council, I almost got out of being here. I did have this one. This is a request for Bridgetower Subdivision Phase No.8, which is just south of McMillan, again, just between Ten Mile and Linder, as shown in the red area. The request is for 53 single-family residential building lots and ten common lots on 17.83 acres. This is the final plat. It is in substantial compliance with the approved MerIdian City Councfl July 20, 2004 Page 9 of 14 preliminary plat. There was one minor change. They relocated a pathway that previously ran here. They relocated it and put it with an open space lot over here. So, it just shifted to the open space lot and it connects with an open space lot to the south. There is a letter from the applicant stating that they are in agreement with all the conditions of approval and staff is recommending approval of this final plat. De Weerd: Okay. Council, the applicant agrees with the staff recommendations. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 12, FP 04-045, final plat for Bridgetower Crossing Subdivision No.8. Nary: Second. Bird: Second. De Weerd: It's been moved and seconded to approve Item 12. Any further discussion? Hearing none, Mrs. Deputy Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Continued Public Hearing from July 6, 2004: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield CrossinQ Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road: De Weerd: Thank you. Item 13 has been requested to table. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we table -- continue. I'm sorry. It's a Public Hearing. Continue MI 04- 005 to August 24th, 2004. Wardle: Second. De Weerd: Thank you. It's been moved and seconded to continue Public Hearing on Item 13 to August 24th, 2004. All in favor say aye. All ayes. Motion carries. ( Meridian City Council July 20, 2004 Page 10 of 14 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Public Hearing: Sale of Property at Public Auction: De Weerd: Item 14 is a Public Hearing on sale of property for public auction and, Mr. Attorney, are you or our city engineer taking this item? Nichols: Madam Mayor, I don't think we arranged ahead of time who was going to do this. This is simply the time for anyone who wants to testify publicly as to whether this particular parcel of property should or should not be sold by the city as surplus property. De Weerd: Okay. Well, then, I will open this Public Hearing and invite anyone from the public who would like to comment on this item. Since I don't see anyone rushing forward, I will ask our attorney to maybe review next steps and, then, would ask for a motion from Council. Nichols: Madam Mayor, Members of the Council, after the Public Hearing is concluded, the Council, then, has the -- if the Council so chooses, the Council can vote to put the property up for sale. You have already declared a minimum value for the parcel, which was part of your prior decision. The property has to be sold at public auction for at least the minimum declared value. If no one bids the minimum declared value at the public auction, then, the city is free to list the property for sale or otherwise sell it. This particular parcel was originally intended, if I recall correctly, as a water booster station, which ultimately was not needed and so it has no purpose within the city water department or sewer department or any other part of public works, it's too small for a park site and so that's why the staff has brought to you a recommendation that it be declared surplus and sold. De Weerd: Thank you, Mr. Attorney. That was entered into the public testimony. We do have an open Public Hearing. If Council would so desire, I would entertain a motion to close the Public Hearing. Bird: So moved. Nary: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 20, 2004 Page 11 of 14 Bird: I would move that we sell the property at public auction for the minimum -- and I'm going to have to ask what was the minimum we -- because I forgot. Do you remember, Bill? Nary: It was half of what we thought it should be. 17,000? Bird: What was it, Brad? Nary: 1,700. Watson: Madam Mayor, Council Members, I believe it was 3,500. Bird: 3,500. For a minimum of 3,500. De Weerd: Is that a second? Nary: Oh, second. De Weerd: Okay. It's been moved and seconded to move this forward to public auction. Is there any further discussion? Mrs. Deputy Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Water, Sewer and Trash Delinquencies: De Weerd: Thank you. Our next item, Item 15, is our water, sewer, and trash delinquencies. This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 p.m., Tuesday, July 20th, 2004, before the Mayor and City Council to appear in person to be judged on the facts and to defend the claim made by this city that your water, sewer and trash bill is delinquent. You may retain counsel. Your service will be discontinued on July 21st, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Hearing no response, they are hereby informed that they may appeal and have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $20,235.86. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we approve the water, sewer, and trash turn-off list for the amount of $20,235.86. Meridian City Council July 20, 2004 Page 12 of 14 Nary: Second. De Weerd: It's been moved and seconded to approve the delinquency for turn off. Is there any further discussion? Mrs. Deputy Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Ordinance No. AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for MaQic View Court by Larry Hellhake - 2855 Magic View Drive: De Weerd: Thank you so much. Item 16 is Ordinance No. 04-1091 and I will ask the deputy clerk to, please, read this ordinance by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1091, an Ordinance finding that Robert and Kathleen Barnes, the owners of certain real property generally located on the south side of Magic View Drive, west of Allen Street in Magic View Subdivision, approximately 900 feet west of Eagle Road, South Highway 55, physical address is 2855 East Magic View Drive, Meridian, Idaho, to be known as Magic View Court 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, Mrs. Deputy Clerk. You have heard this ordinance read by title only. Is there anyone in the audience who would like to hear it read in its entirety? Fortunately, no one said yes. Nary: The Deputy Clerk is hardly ever here; she might want to read it. De Weerd: Is the Council Member asking? Nary: No. No. Bird: If he is, he can read it. Meridian City Council July 20, 2004 Page 13 of 14 De Weerd: He can read it. Bird: He can start reading it. De Weerd: Okay. I would entertain a motion to approve this ordinance, to adopt it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adopt Ordinance No. 04-1091 with the suspension of rules. Wardle: Second. De Weerd: It's been moved and seconded to approve the ordinance as read. Mrs. Deputy Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Executive Session per Idaho State Code 67-2345(1)(f): De Weerd: Thank you. Item 17 is an Executive Session pursuant to Idaho State Code 67-2345(1 )(f). Do I have a motion from Council? Mr. Wardle? Wardle: Madam Mayor, I move that we move into Executive Session per Idaho State Code 67-2345(1 )(f). Nary: Second. De Weerd: It's been moved and seconded to adjourn into Executive Session. All those -- oh, I'm sorry. Mrs. Deputy Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION. Meridian City Council July 20, 2004 Page 14 of 14 MEETING ADJOURNED AT 9:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~~ 8 Ilill 04- MAy6RT~ ~E WEERD DATE APPROVED \\\\\\\ 1111111111111 A TTEST: ,,\,~\ Of MER/O/III ;::-,' ,~"' _"" /'1 II..;.. ~ (j{~ 0:',POf?A >~'1-- ~ 2 ~~~j '~o ~ - ~ - ~ - - - - f3 : 7. .~!)J 2 / (0 . ",J 0:::: ';. 19"" u.] ~ "y"\ , :<- $ ~ '-",7 -~ '~~ n"<' ,$: ..-,> ~1 0 - ,\V ", // ,r,,!o ", ~,~:r-I.J '\' /11//.'. "'.Jf~)r-0 ~ ~ i \\\\\ . ",,', ,; ~ '~~ ~ i ~ \ i \ \ ) ) ) ) ) ) ) ) ) ) ) ) ) BEFORE THE MERIDIAN CITY IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT, LLP FOR APPROVAL OF 53 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 15 COMMON LOTS ON 17.83 ACRES IN AN R-4 ZONE, LOCATED SOUTH OF WEST MCMILLAN ROAD AND EAST OF NORTH TEN MILE ROAD IN T.4N., R.1W., SECTION 35. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on July 20,2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III for the Public Works Department dated: Hearing Date: July 20, 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 "PLA.T SHOWING BRIDGETOWER CROSSING SUBDIVISION NO.8 LOCATED IN THE NW ~ OF SECTION 35, TAN., R.IW., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, \40202 - PLT.DWG ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDNISION NO. 8/ (FP-04-045) Page 1 of4 06/16/04 BKB JOB NO. 40202 SHEET 1 OF 2, PRIMELAND DEVELOPMENT, LLP, DEVELOPER, MERDLAN, IDAHO, HANDWRITTEN DATE: 06/17/04, ENGINEERING SOLUTIONS, LLP, EAGLE, IDAHO, IDAHO SURVEY GROUP, MERIDIAN IDAHO, Primeland Development, 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 Bruce Freckleton, Engineering Technician III for the Public Works Department, and dated: Hearing Date: July 20, 2004, listing 14 SITE SPECIFIC REQUlREMENTS/FINAL PLAT and 8 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 the response letter from Engineering Solutions, LLP, a true and correct copy ofwhich is attached hereto marked Exhibit "B" and consisting of2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 20, 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 ofEnviromnental 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 AFPROV AL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 8/ (FP-04-045) 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 Enviromnental 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: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision. concerning the matter at ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 8/ (FP-04-045) Page 3 of 4 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2t)~ day of J~ , 2004. By: \\\\\11111 HI/tit d \\' .... 1\,,_ III ammy "...\, or mf:.R.r.o 1/IIr.:A. . ~.... "~, 'ty i~ayor, Attest.. ~"V' o'(l.PO,l:],<j t; '1/.0;..-::- , ;:0 <to -::- ~~~ ~,4 ~~ SEAL,I j Wilham G. Berg, Jr., CIty ClerG"1. OUST s-<. - P $ .0;.. () 1 ,\ ~- ~ "'; :-.d ^' - " "',,/ ~T a '\V ,~ Copy served upon Applicant, the Planri1'Rg.~ttiXl)lling&>epartment, Public Works Department, and City Attorney. Iltfltin \1\\\\ By:J(l~(L ):{h 10 N.J Dated: <6,- \2>-04 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSJNG SUBDIVISION NO. 8/ (FP-04-045) Page4of4 ; MAYOR Tammy de Weerd ~p rCITYOF 1~; '-/YLerldiaH \ IDAHO ..>. ~, , C'& '0:t'fl 'I 6 IIu lRPASUflE V.~ w_ "'~ 't. " \I "? IY / o )! ~~18~ CITY HALL (208) 888-4433 - Fax 887 -4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221] - Fax 898-955] CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466 -4405 ST AF REPORT: Hearing Date: July 20,2004 To: Mayor & City Council cfll Sonya Allen, Assistant City Plannel c:;::# Bruce Freckleton, Engineering Tech III ~ From: Re: Request for a Final Plat Approval of Bridgetower Crossing Subdivision No.8 Consisting of Fifty-three (53) Single-family Residential Building Lots and Ten (10) Common Lots on 17.83 Acres in an R-4 Zone by Primeland Development, LLP (File# FP-04-045) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the eighth phase of Bridget ower Crossing Subdivision, located north ofW. Ustick Road, between N. Linder & N. Ten Mile Roads in the N Y2 of Section 35, TAN., R.l W. This phase of the subdivision includes 53 single-family residential building lots and 10 common lots on 17.83 acres. The gross density of phase No.8 is approximately 2.97 dwelling units/acre. The net density is approximately 3.55 dwelling units/acre. The subdivision is located in an R-4 zone and has been approved as a planned development. The minimum house size within the subdivision is 1,400 square feet, rot including the garage area. The common area 10ts within the subdivision consist of landscape, open space, and drainage lots, and will be maintained by the Bridgetower Crossing Homeowners Association. The pressurized irrigation system within this development is to be owned and maintained by the Bridgetower Crossing and Verona Homeowners Associations. The proposed fmal plat substantially complies with the approved preliminary plat. The preliminary plat was approved with a pathway between Lots 38 & 39, Block 13. The location of the pathway changed to Lot 40, Block 13 and connects to a pathway to'the south in phase 6. Staff has no objection to this change. Exhibit "A" Mayor & City Council Hearing Date: July 20, 2004 Page 2 of5 A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for increased block lengths and a reduction in street frontage to 69-feet for single family residential for this subdivision. Staff recommends approval of this phase of Bridgetower Crossing Subdivision with the conunents and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved Preliminary Plat (PP-01-005)) Conditional Use Permit (CUP-OI-006) and Development Agreement (Inst. No. 101117652). 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup irrigation source. Applicant has indicated the Creason Lateral will be used as the primary source, with Five Mile Creek providing the backup source of water. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Sanitary sewer service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Water service shall be via extensions from existing mains installed adjacent to the proposed subdivision, as well as from a proposed new city well being planned within this development. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to' keep the sewer lines on the south and west sides of the centerline. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association. Since the system is being proposed as a private system, plans and specifications for the irrigation system 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 must be submitted prior to plan approval. 6. The soils investigation report submitted with the application indicates that groundwater Exhibit "A" Mayor & City Council Hearing Date: July 20, 2004 Page 3 of5 was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans that certifies that the centerline fmish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 7. Fencing along micropaths shall be consistent with existing micropath fencing approved in previous phases of Bridgetower Crossing Subdivision. The developer shall place a deed restriction on the residential building lots adjacent to the micropath lots to prohibit the construction of any solid fencing higher than four feet on the sides adjacent to the pedestrian walkway lot per condition of the Preliminary Plat (Findings of Fact and Conclusions of Law No. 4:E., page 7-8). Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. All fencing shall be in compliance with MCC 12-4-10. 8. Please add or revise the following plat notes: a. Revise note #5: MCUP-OI-006. b. Note #12: Revise to reflect the revised recorded development agreement instrument number 10 1117 652. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 10. Complete book and page number information indicated on adjacent previously approved plats. 11. Graphically depict an eight-foot wide (8') public utility, drainage & irrigation easement along the northerly side of Lot 42, Block 13, and Lot 2, Block 35. These extra widths are necessary due to the location of pressurized irrigation mains. 12. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas must be less than 3: I for accessibility and maintenance. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Staffs failure to cite specific ordinance provisionsor terms of the approved Preliminary Plat, Conditional Use Permit or Development Agreement does not relieve Applicant of Exhibit "A" Mayor & City Council Hearing Date: July 20, 2004 Page 4 of5 responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), 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. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. 1 DO-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. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 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's Water Works Superintendent. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. STAFF RECOMMENDATION Exhibit "A" Mayor & City Council Hearing Date: July 20, 2004 Page 5 of5 Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No.8 with the above stated comments & conditions. Exhibit "A" ES~f~PJ~~ 150 East Aikens Street, Suite B Eagle, ill 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@qwest.net July 19, 2004 .R,ECEIVED JUL 1 9 2004 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 City Of Meridiarl City Clerk Office Re: Bridgetower Crossing Subdivision No.8 (Final Plat) File No. FP-04-045 Dear Mayor and Council: We have reviewed staff comments for the hearing date of July 20,2004, and have the following responses; SITE SPECIFIC REQUIREMENTS 1. The applicant will meet all terms of the approved preliminary plat (PP-Q 1-005), conditional use permit (CUP-OI-006) and development agreement (lnst. No. 101117652). 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. A note will be added to the face of the plat to address the fencing height. 8 The plat notes will be revised as requested. 9. The applicant w~ll comply. 10. The applicant will comply. 11. The easement width will be increased as requested. C:\Documents and Settings\greent\Local Settings\Temporary Internet Files\OLK188\RecsResponse.doc Exhibit "13" Mayor and City Counch July 19, 2004 Page 2 12. The applicant will comply. 13. The applicant will comply. 14 Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. '" The applicant will comply. :1. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. We believe this letter addresses all of your concerns. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay Partner BM:ss cc: Mr. Frank Vaniale C:\Documents and Settings\greent\Local Settings\Temporary Internet Files\OLK188\RecsResponse.doc Exhiblt "8" July 16, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20,2004 ITEM NO. :3 REQUEST Discussion of Area of City Impact by Dan Wood AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: 1)\SC L\:)S-cd Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. UCJ.I WUUU -r.:J.:J--r;;)-r1 p.c:. ~-..-", June 23, 2004 'ECEIVE JUt. u 1 2004 City Of Meridian City Clerk Office City of Meridian Artn: City Clerk -Will Burg Re: City of Meridian's Southeast referral area Dear Will, Ifthere is available time at the pre-city counsel meeting on July 6th, could I speak with the counsel with regards to their future plans for this area in Meridian? If you have any questions please feel free to contact me. Sincerely, Dan Wood 331-6348 870-6444 danwood@spro.net JUN 23 '04 10:57 .1<:<: .1"',17 DClr::~ f;:j'J -ruv--ru-r-l p. .L A Fax From Dan Wood Direct: 331-6348 Fax: 331-6448 DATE: Lo / 2~ eer:; FAX: <('67 --4) 1 <[ URGENT REPLY PLEASE COM1v1ENT FOR REVIEW FOR YOUR INFORMATION COlvIMENTS: 'bA f-... \ \.A )t) ')j) - THANK YOU JUN 23 '04 10:57 433 4547 PAr,F.Vl1 ( July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20,2004 ITEM NO. 5 REQUEST Employee Service Awards AGENCY COMMENTS ~L O--tt (lC'rL~cL. 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: ?~cseV\-\C-d Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property ot the City ot Meridian. 1- "'1$'V 1. U1. 1 Tara Green From: Will Berg Sent: Monday, July 12,20045:10 PM To: Tara Green Subject: FW: Service Awards Follow Up Flag: Follow up Flag Status: Flagged -----Origina I Message----- From: Peggy Gardner Sent: Monday, July 12, 20043:37 PM To: Will Berg Subject: Service Awards Will, Can you put Employee Service Awards towards the top of the agenda on July 20th and July 27th? Peggy Gardner Administrative Assistant Mayor's Office City of Meridian Phone 888-4433 7/16/2004 July 16, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. AZ 03-038 July 20,2004 ITEM NO. l.{)-A REQUEST Findings - Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision - northeast corner of East Victory Road and South Meridian Meridian Kuna Highway AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings Aprrov~ J)aV{ (jltlUtJJI1o J1 Date: r-d-{). ~ pr5lrw:.. Staff Initials: ---i1LJ.Ilf:r Materials presented at public meetings shall become property of the City of Merldian. Contacted: Emailed: JUL j 5 2004 C';r 'Of 1"'1 "d' ""'~.Y . ~. en i "'1' (~. - - ~ vlty Clerk Office WHITE PETERSON ATTORNEYS AT LAW KEVIN DINIUS JUliE KLEIN FISCHER CHRISTOPHER D. GASBERT WM. F. GIGRAY, III T. GUY HALLAM" JILLS. HOLlNKA JOHN R. KORMANIK . WILLIAM A. MORROW WILLlAMF. NICHOLS" CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAII-WA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. NVE PHiliP A. PETERSON TOaD A. ROSSMAN TERRENCE R. WHITE'" . Also admitted in CA .. Also admitted in OR ... Also admitted in W A July 14; 2004 William G. Berg; Jr.; City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian; Idaho 83642 Re: TIM MUSSELL / ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT / ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-038 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 July 6,2004, 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 Findine:s of Fact and Conclusions of Law and Decision and Order Grantine: Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols z:\ Work\M\Meridian\Meridian 15360M\Mussell Comer Sub AZ-03-038 PFP.03-007 CUP-03-071\FFCL DEV AGMT ORD Clerk Ltr 07 14 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 05111/04 C/C OS/25/04 C/C 06/08/04 C/C 07/06/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 21.38 ACRES ) FROM C-2 TO C-G ZONE FOR ) PROPOSED MUSSELL CORNER ) SUBDIVISION, LOCATED ON THE ) NORTHEAST CORNER OF KUNA- ) MERID1AN ROAD (SH-69) AND ) VICTORY ROAD, WITHIN ) SECTION 19, TOWNSHIP 3 ) NORTH, RANGE 1 EAST, ) MERIDIAN, IDAHO Case No. AZ-03-038 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PINNACLE ENGINEERS, INC., APPLICANT The above entitled annexation and zoning application having come on for public hearing on May 11, 2004, and continued until May 25, 2004, June 8, 2004, and July 6, 2004, at the hour of7:00 p.m., and Brad Hawkins-Clark and Steve Siddoway for the Planning and Zoning Department, Dave McKinnon, Jose Veneziano, and Steven H. Laney, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 1 OF 21 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 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 21.38 acres in size and is located on the northeast comer of Kuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho, all within the Area ofImpact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Tim and Carol Mussell, and Tim Mussell has provided notarized consent for Pinnacle Engineers, Inc., to submit the subject application. Applicant is Pinnacle Engineers, Inc.. 5. The property is presently zoned C-2 (Ada County) and contains an existing landscape business, single-family residence, coffee kiosk, sprinkler/irrigation business and other outbuildings. 6. The Applicant requests the property be zoned as C-G (General Retail and Service Commercial). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 2 OF 21 " i 7. The subject property is bordered to the north by RUT, to the south by RUT, to the east by R-4, and to the west by RUT. 8. The Applicant proposes to develop the subject property in the following manner: A commercial subdivision that includes a combination feed store and gas/convenience station. 9. The Applicant requests zoning ofthe subject real property as C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Commercial. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Cloyd and Bonnie Nelson in their letter dated February 23,2004, and in letters from Ada County Development Services dated February 4, 2004 and April 7, 2004. All are hereby entered into public record and are on file in the Meridian City Clerk's office, 33 East Idaho, Meridian, Idaho. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian plmming jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. Prior to annexation ordinance approval, a Development Agreement shall be entered into between the City of Meridian and the property owner(s). The Development Agreement shall require that: a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDNISION (AZ-03-038) PAGE30F21 b) Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for refrigerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6, 2004 meeting.) 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per Ci ty 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. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel 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. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 'l)." outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 4 OF 21 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest comer of the existing house and on the easternmost driveway from Victory Road). 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast comer of the proposed feed store). 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staffthe facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12- 3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage offlammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGES OF21 13. All buildings must be sprinklered. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change Application shall be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of this proposed project 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Ada County Highway District (ACHD) per their report, which lists site-specific requirements, conditions of approval, and street improvements, which are required, ands which is stamped: RECEIVED FEB 18 2004 City of Meridian City Clerk Office. E. The Applicant shall also comply with the conditions and requirements of the corresponding applications for this project, which are PreliminarylFinal Plat - PFP-03-007, and Conditional Use Permit - CUP-03-07l. F. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: For Clarification: 1. The hours of operation for the proposed businesses have been addressed above in A.l.b. pursuant to action of the City Council taken at their July 6, 2004 meeting. 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re- develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 6 OF21 Applicant and ACHD. 13. Ada County Development Services submitted three letters to the City outlining the history of the various code infractions on this site. The most recent letter, dated July 1, 2004, indicated that if the City approved the annexation and subdivision of the property, then the illegal split will be cleaned up. The other outstanding county violation noted by Ada County Development Services involves the lack of screening for the outdoor storage areas associated with the sprinkler business. The County will defer pursuing compliance of these issues as long as the Planning and Zoning staff forward all the proposed Findings of Fact and Development Agreement to the County for their review and comment. 14. The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII ofthe Comprehensi ve Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. It is found that the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. The following Goals, Objectives, and Action items contained In the 2002 Comprehensive Plan are applicable to this application: · Chapter VII, Goal IV, Objective D, Action item 2 · Chapter VII, Goal IV, Objective D, Action item 4 · Chapter IV, Goal I, Objective A, Action item 6 · Chapter VII, Goal I, Objective B, Action item 5 · Chapter VII, Goal 1, Objective B · Chapter V, Goal III, Objective D, Action item 5 · Chapter VI, Figure VI · Chapter VI, Goal II, Objective A, Action item 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 7 OF 21 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. Nurseries are a permitted use in the proposed C-G zone. Service stations are also a permitted use in the proposed C-G zone. Convenience stores require conditional use permit approval in the C-G zone. Residential uses are prohibited in the C-G zone. Irrigation/sprinkler businesses are not a listed use in the Zoning Schedule of Use Control (MCC 11-8-1). The existing irrigation/sprinkler business that is to remain does have outdoor storage, office space, and has functions similar to a contractor yard. Because the irrigation/sprinkler business is not specifically listed as a permitted use in the C-G zone, it has been determined that conditional use permit approval would be required (MCC 11-6-4). The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). It is found that the proposed gas/convenience/feed store, the existing home, and the existing irrigation/sprinkler business that is to remain, are not principally permitted uses in the C-G zone. The gas/convenience/feed store and the existing irrigation/sprinkler business would require separate conditional use approval. The existing home that is to remain is not eligible for permitting and does not conform to the proposed zoning (non-conforming use). However, the Applicant is requesting that the home be approved with the PD/CUP as a use-exception (MCC 12-6-3). 16. Observation Point Subdivision and Bear Creek Subdivision have recently been annexed and developed with residential land uses in this area. There are not any developments in the area that have yet developed in a fashion similar to the proposed rezone area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 8 OF21 Kuna-Meridian Road was recently widened in this area by lTD. Victory Road is not scheduled by ACHD for any improvements in the current Five Year Work Program or CIP. The intersection of Victory Road/Kuna-Meridian Road is ranked #2 on the highway district's prioritization list and is anticipated to be a signalized intersection in the near future. 17. It is found that the proposed C-G zone/new uses, and any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended to be utilized for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. 18. Appropriate buffers should be required on the north and east boundaries of this development when Lots 1 and 4 redevelop, as the abutting uses (single-family) will be less-intense than uses allowed in the C-G zone (see MCC 12-13-12-4). 19. It is found that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. ITD needs additional right-of-way and/or a frontage road adjacent to/through this property (see letter from ITD). Improvements to Victory Road in this area have not taken place in the recent past, and except for the anticipated signalization at SH 69, none are anticipated within the next 20 years (not in ACHD's Five- Year Work Program). At full build out, it is believed that this site will add a significant amount of traffic to the roadway system (see ACHD staff report for further details). This site has over 1,000 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 9 OF 21 feet of frontage on Victory Road. ACHD is requiring the Applicant to install roadway improvements (pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory Road. The ACHD is recommending, with site-specific and standards conditions, approval of the subject development. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comer of the development, and a pressure main would need to be extended approximately 1,400-feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. On January 23,2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability ofthis site, as it is currently outside oftheir five-minute response zone. Because the Fire Department does not know when a new station will be constructed in this area, south of the freeway, all buildings within this development must be sprinklered. The Applicant should coordinate the location and design ofrefuse container(s) with Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSe. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. It is found that the property proposed for annexation can be serviced by essential public facilities and services. 20. The developer will financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. It is found that this development will not cause FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 10 OF 21 excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the annexation/zoning, conditional use permitlPD permit and preliminary plat applications. 21. It is found that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. It is not believed that the amount of traffic, noise, fumes and/or odors will be detrimental to the public. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts ofspecia1 uses such as fire hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish some guidelines to mitigate the detrimental aspects of the proposed use, the existing uses, and all future uses on-site, the hours of operation, hours offuel delivery, any potential for refrigerated truck operation, and anticipated decibel levels generated at the site shall be as follows, and are as addressed and acted upon at the City Council meeting held on July 6,2004: Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for refrigerated truck operation, and the anticipated decibel levels generated at the site shall comply within the guidelines of noise in the Meridian City Code. 22. ACHD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 11 OF 21 and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has evaluated access to this site from Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Review of the ACHD report for this project will provide additional information. ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The driveways proposed to SH 69 for this site do not conform to ITD's policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site from the proposed access points will be attempting to merge with, or cross, traffic that is going extremely fast. It is found that if the approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. 23. There are no natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 12 OF 21 comprehensive plan (Commercial). It is found that annexation and zoning of this property would be in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare ofthe City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected svicinityand will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDNISION (AZ-03-038) PAGE 13 OF 21 of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. 4. The project follows the pertinent provisions of the City of Meridian Comprehensive Plan that are applicable to this Application. 5. The zoning of(C-G) General Retail and Service Commercial is defined in the Zoning Ordinance at S 11-7-2 K as follows: (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review ofthe impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the mmexed 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 14 OF 21 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 LA W, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 21.3 8 acres to General Retail and Service Commercial (C-G) is granted subject to the terms and conditions ofthi8 Order hereinafter stated. 2. The application is for annexation and zoning of21.38 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. Prior to annexation ordinance approval, a Development Agreement shall be entered into between the City of Meridian and the property owner(s). The Development Agreement shall require that: a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. b) Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDNISION (AZ-03-038) PAGE 15 OF 21 restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for refrigerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6,2004 meeting.) 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7 -517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel 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 Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 1/2" outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest comer ofthe existing house and on the easternmost driveway from Victory Road). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 16 OF 21 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modifications required near the southeast corner of the proposed feed store) . 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC andMCC 11-12-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11- l2-3.C, and the National Safety Foundation publications. 13. All buildings must be sprinklered. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDNISION (AZ-03-038) PAGE 17 OF21 1. A Land Use Change Application shall be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's KelUledy Lateral courses along the east and northern boundary of this proposed project. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage pLans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Ada County Highway District (ACHD) per their report, which Lists site-specific requirements, conditions of approval, and street improvements, which are required, ands which is stamped: RECEIVED FEB 182004 City of Meridian City Clerk Office. E. The Applicant shall also comply with the conditions and requirements of the corresponding applications for this project, which are Preliminary/Final Plat - PFP-03-007, and Conditional Use Permit - CUP-03-071. F. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: For Clarification: 1. The hours of operation for the proposed businesses have been addressed above in A.l.b. pursuant to action of the City Council taken at their July 6,2004 meeting. 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re-develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the Applicant and ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDNISION (,'\Z-03 -03 8) PAGE 18 OF 21 4. The City>Attomey shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code S 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 S 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 Iudicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek ajudicia1 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 MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 19 OF 21 1,,+h By action of the City Council at its regular meeting held on the rn.J J\ \ lLj ROLL CALL ,2004. COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) DATED: ____Tu L.LI 20 I 200f MOTION: APPROVED: X , DISAPPROVED: Attest: \\\\\\\ ,--.,\\{ Of MERID 1/11 ..,' ~ ~ //v ~"0 o~pol1q ); ~ ~ ..;:;- ..:>9 f'A .:;, _ ~ v...... ~ - ~ ~ ~ = SEAL ~ 7~ &>:= ';. Qu ..,C!i 0 2 '-;:. 1"() '&11s1 ' ~ $ '<.-.;.. "1 f:.) 'l(- ,,':::- //1 OOUNT'l ~ \,--. 111/ ,,'" 1 \\\\' IJti;~jd nH\'\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 20 OF 21 day of VOTED~ VOTED~ VOTED A\ctX'V\J VOTED~ VOTED Copy served upon Applicant, the Plmming and Zoning Department, Public Works Department and the City Attorney. By:, 1l!'Q.J\M~ fV\. J City Clerk's Office Dated: -=\ - '2 Lo . O~ z:\ Work\M\Meridian\Meridian 1 5360MlMussell Comer Sub AZ-03-038 PfP.03-007 CUP-03-071\AZFrcl&Ordcr.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 21 OF 21 ( July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. PFP 03-007 July 20,2004 ITEM NO. lo-B REQUEST Findings - Request for Preliminary/Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision -- northeast corner of East Victory Road and South Meridian Kuna Highway AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Findings Af1Xove OTHER: Contacted: -DOl \Ie v Emailed: &!t~1' v'lr1Dn Date: (~)-{) ~ Staff Initials: , Materials preullted at pubflc meeti~ shall become property of the City of Meridian. JUL 1 5 2004 Interoffice City Of Meridiml City Clerk Office MEMORANDUM To: William G. Berg, Jf. From: Wm. F. Nichols Subject: Mussell Comer Subdivision By: Tim J. Mussell File No. PFP-03-007 - Findings of Fact and Conclusions of Law and Order of Conditional Approval of Prelim in aryIFina I Plat Date: July 14, 2004 Will: Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY/FINAL PLAT, for approval and signature by the Mayor and yourself. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate of Service in the file, and conformed copies to the Planning and Zoning Department, Public Works, and the City Attorney. If you have any questions please give me a call. Z:\ Work\M\Meridian\Meridian l5360MlMussell Corner Sub AZ-03-038 PFP-03-007 CUP-03-071\Berg PFP MEMO 07 14 04.dcc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY/FINAL PLAT FOR ) MUSSELL CORNER SUBDIVISION ON ) 21.38 ACRES IN A C-G ZONE, LOCATED ON ) THE NORTHEAST CORNER OF KUNA- ) MERIDIAN ROAD (SH 69) AND VICTORY ) ROAD, WITHIN SECTION 19, TOWNSHIP 3 ) NORTH, RANGE 1 EAST, MERIDIAN, IDAHO) ) ) ) ) ) PINNACLE ENGINEERS, INC., APPLICANT. C/C 05/11/04 C/C OS/25/04 C/C 06/08/04 C/C 07/06/04 CASE NO. PFP-03-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 11, 2004, and continued until May 25, 2004, June 8, 2004, and July 6, 2004, and Brad Hawkins-Clark and Steve Siddoway for the Planning and Zoning Department, Dave McKinnon, Jose Veneziano, and Steven H. Laney, appeared and testified at the hearing, and the City Council having received a report from Craig Hood for the Planning and Zoning Department and John Boyd, Engineering Tec1mician II, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "SITE PLAN, PROJECT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE I OF 18 TITLE: DOUBLE 'D' SEED AND FEED, PROJECT ADDRESS: MERIDIAN, ID, 06/29/04, DATE: JUNE 29, 2004, PROJECT NO: 03078, DRAWN: EAP, CHECKED: SCEAP, FILE: 03078AO.1, SHEET NUMBER: AO.1 SITE PLAN, STAMPED: RECEIVED JUN 29 2004 CITY OF MERIDIAN CITY CLERK OFFICE, COLE + POE ARCHITECTS, P.A.", Pinnacle Engineers, Inc. submitted on behalf of Tim J. Mussell for preliminary/final plat approval, and which preliminary/final plat application is herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned C-G (General Retail and Service Commercial District), and requires cOlUlection to the Municipal Water and Sewer System. [see Meridian City Code, Section 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. 3. It is found that the subdivision is in conformance with the Comprehensive Plan. The Future Land Use Map designates the property as Commercial. In Chapter VII of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 2 OF 18 Comprehensive Plan, Commercial areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. It is found that the requested C-G zoning generally conforms to the stated purpose and intent of the Commercial designation. The subject development is eligible for a combined preliminary/final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside or the like (MCC 12-3-3). One of the four buildable lots (Lot 3) is for a new combination feed store and gas/convenience station, located on the northeast comer of Victory Road and Kuna-Meridian Road. Another one of the proposed lots will be for a future stand alone commercial building. The remaining two proposed lots will be utilized in their current capacity which includes: growing and storing materials for the on-site commercial landscape nursery, a sprinkler/irrigation business, and a single-family residence/landscape office. The Applicant is requesting detailed CUP/PD approval of the proposed feed store/gas station on Lot 3, and of the existing structures on Lots 1 & 4. The existing coffee kiosk located near the intersection of Victory Road and Kuna-Meridian Road will be removed if the application is approved. 4. It is determined that public services are available to accommodate the proposed development. It is found that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. ITD needs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 3 OF 18 additional right-of-way and/or a frontage road adjacent to/through this property (see letter from ITD). Improvements to Victory Road in this area have not taken place in the recent past, and except for the anticipated signalization at SH 69, none are anticipated within the next 20 years (not in ACHD's Five- Year Work Program). At full build out, it is believed that this site will add a significant amount of traffic to the roadway system (see ACHD staff report for further details). This site has over 1,000 feet offrontage on Victory Road. ACHD is requiring the Applicant to install roadway improvements (pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory Road. The ACHD is recommending, with site-specific and standards conditions, approval of the subject development. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comer ofthe development, and a pressure main would need to be extended approximately 1,400- feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. On January 23, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability ofthis site, as it is currently outside of their five-minute response zone. Because the Fire Department does not know when a new station will be constructed in this area, south of the freeway, all buildings within this development must be sprinklered. The Applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSe). Trash enclosures must be built in the location and to the size approved by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 4 OF 18 sse. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. It is found that the property proposed for annexation can be serviced by essential public facilities and services. The developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. It is found that this development will not cause excessive additional requirements at public cost, if the Applicant complies with the conditions of approval for the annexation/zoning, conditional uselPD permit and preliminary plat applications. 5. It is found that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, local street infrastructure, utilities and irrigation, for the development at their cost. 6. It is found that the development will not require major expenditures for providing supporting services. It is found that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, !TD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. !TD needs additional right-of-way and/or a frontage road adjacent to/through this property (see letter from ITD). Improvements to Victory Road in this area have not taken place in the recent past, and except for the anticipated signalization at SH 69, none are anticipated within the next 20 years (not in ACHD's Five-Year Work Program). At full build out, it is believed that this site will add a significant amount of traffic to the roadway system (see ACHD staff report for further details). This FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 5 OF 18 site has over 1,000 feet of frontage on Victory Road. ACHD is requiring the Applicant to install roadway improvements (pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory Road. The ACHD is recommending, with site-specific and standards conditions, approval of the subject development. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comer of the development, and a pressure main would need to be extended approximately 1,400- feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. On January 23, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability ofthis site, as it is currently outside oftheir five-minute response zone. Because the Fire Department does not know when a new station will be constructed in this area, south of the freeway, all buildings within this development must be sprinklered. 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 11-12-I.C. It is found that the property proposed for atmexation can be serviced by essential public facilities and services. The developer will be financing the extension of sewer, water, local/internal street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 6 OF 18 infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. It is found that this development will not cause excessive additional requirements at public cost, if the Applicant complies with the conditions of approval for the alU1exation/zoning, conditional uselPD permit and preliminary plat applications. 7. It is found that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. It is not believed that the amount of traffic, noise, fumes and/or odors will be detrimental to the public. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish some guidelines to mitigate the detrimental aspects of the proposed use, the existing uses, and all future uses on-site, the Applicant should clarify during the public hearing the hours of operation, hours offuel delivery, any potential for refrigerated truck operation, and anticipated decibel levels generated at the site. ACHD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII ofthe Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has evaluated access to this site from Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Review ofthe ACHD report for this project will provide additional information. ITD has submitted a letter to the City stating that their policy for access to a Type IV FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY!FINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 7 OF 18 Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The driveways proposed to SH 69 for this site do not conform to ITD's policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site from the proposed access points will be attempting to merge with, or cross, traffic that is going extremely fast. It is found that if the approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. (See detailed analysis of access to SH 69 in the CUP/PD Special Considerations section below.) DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary/Final Plat of the applicant as evidenced by "SITE PLAN, PROJECT TITLE: DOUBLE 'D' SEED AND FEED, PROJECT ADDRESS: MERIDIAN, ID, 06/29/04, DATE: JUNE 29,2004, PROJECT NO: 03078, DRAWN: EAP, CHECKED: SCEAP, FILE: 03078AO.l, SHEET NUMBER: AO.l SITE PLAN, STAMPED: RECEIVED JUN 29 2004 CITY OF MERIDIAN CITY CLERK OFFICE, COLE + POE ARCHITECTS, P.A.", has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 8 OF l8 been submitted for preliminary/final plat. 2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from Craig Hood for Planning and Zoning Department, and John Boyd, Engineering Technician II, dated: Transmittal Date: July 2, 2004, City Council Hearing Date: July 6,2004, listing 29 PRELIMINARY/FINAL PLAT CONDITIONS, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of twenty-one pages, and by this reference incorporated herein, and with the additional requirements from the City Council from their meeting of July 6, 2004, and the requirements are as follows, to-wit: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. All conditions of the accompanying Annexation/Rezone application and Conditional Use PermitlPD application shall also be considered conditions of the Preliminary/Final Plat. 2. Place a note on the face of the final plat that requires all future uses on the lots within this subdivision to obtain Conditional Use Permit approval. 3. Construct a maximum of one access to SH 69, if access is approved by lTD. If access is not approved to SH 69 by ITD, then access shall be taken from Victory Road only. Depending on the final decision by ITD, place a note on the face of the final plat stating that either: 1) Other than the single access point approved by ITD, direct lot access to Kuna-Meridian Road (SH 69) is prohibited, OR 2) Access to Kuna-Meridian Road is prohibited, unless otherwise approved by ITD and the City of Meridian. 4. Other than the access points that have specifically been approved with this application by ACHD, direct lot access to Victory Road is prohibited. Notes of the access restrictions shall be noted on the final plat. 5. Provide the City with a copy of a recorded cross access agreement for the lots in this development to use the driveways to Victory Road and SH 69 (if applicable) as access to the public street system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 9 OF 18 6. Construct 5-foot wide detached sidewalks adjacent to Victory Road and SH 69 in locations approved by ACHD and ITD respectively. 7. To ensure that the pond will be retained and protected as an amenity for the lots within the subdivision, place the pond area, currently shown within Lot 4, Block 1, in a common lot. 8. Prior to signature ofthe final plat by the City Engineer, enter into a license agreement with ACHD for the proposed landscaping (shrubs, grass, etc.) in theright~of-wayofVictoryRoad. If a license agreement is not obtained from ACHD, provide a 20-foot wide landscape buffer beyond the existing right-of-way for Victory Road. 9. Revise the plat to accurately depict the existing right-of-way dedicated to ACHD for Victory Road in 1999 (48-feet to centerline). 10. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridi an requires that pressurized irrigation systems be supplied by a year-round source of water. Ifthe 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 by the City Engineer. 11. Sanitary sewer and water service to this site shall be via main line extensions from existing mains. The applicant has proposed (per the staff memo prepared for the hearing on 4-15-04) to extend a gravity sewer line in SH 69 from the Elk Run Subdivision. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. 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. Cover over the sanitary sewer shall be no less that three-feet from finish grade to the top of pipe. 12. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and including a 1 OO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 10 OF 18 determining the groundwater, soil type & and characteristics during the design and construction phases. 13. Maintenance of all common areas shall be the responsibility of the Mussell Comer Business Owners Association. 14. Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 15. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 16. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense ofthe Applicant. Typical locations are at street intersections and/or fire hydrants. 17. 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. 18. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per MCC 9~ 1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 19. Developer shall coordinate mailbox locations with the Meridian Post Office. 20. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided 21. All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. 22. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 23. Unless otherwise approved through the CUP/PD, minimum building setback lines shall be in accordance with the zoning ordinance in effect at the time of issuance ofbuilding permi t( s). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 11 OF 18 24. 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. 25. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 26. Prior to signature of the final plat by the City Engineer, correct the errors on the plat (P.U.D.I, right-of-way, notes, easements, legal description, spelling, etc.). 27. 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. 28. Plat approval shall be subject to the expiration provisions set forth in MCC. 29. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. B. 1. 2. a. b. c. d. e. f. 3. Adopt the Recommendations of the Meridian Fire Department as follows: Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. (Radii modification required near the northwest comer of the existing house and on the easternmost driveway from Victory Road). 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 12 OF 18 combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast comer of the proposed feed store). 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staffthe facilities. 10. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. 13. All buildings must be sprinklered. e. Adopt the Recommendations of Sanitary Service Co. as follows: 1. Design the enclosure(s) per the standard recommendations ofSSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with Sse. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP.03-007) PAGE 13 OF 18 D. Adopt the Ada County Highway District (ACHD) report date stamped: RECEIVED FEB 18 2004 CITY OF MERIDIAN CITY CLERK OFFICE, and the Applicant shall be required to comply with all Site Specific Conditions of Approval, Standard Conditions of Approval, and any all other requirements of ACHD. E. Adopt the Recommendations ofthe Central District Health Department as follows: 1. The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of 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. F. Adopt the Recommendations of the Idaho Transportation Department as follows: I. SH 69 has been designated a Principal Arterial. ITD wants ACHD and the City of Meridian to help ITD preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) ifthe developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 14 OF 18 on a temporary basis as follows: 1) Allowed until state highway system is improved by a construction project at which time au access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. 2) Shall be recorded at the County Recorders Office. 3) Temporary access restrictions will be noted on the permit. 3. Noise abatement will be the responsibility of the developer and will be constructed off of the State Right of Way, follow the Notice Abatement Measures that were attached to the ITD's letter dated January 29,2004. 4. ITD would like to express that a variance to their policy for access will not be considered unless the property has no other means of access except the highway. This property fronts Victory Road and has access to Victory Road. 5. If a lot split has occurred since the approval ofITD's Access Control Policy then a cross access agreement shall be required as direct access to the highway will not be allowed. 6. An access exists at the Northwest comer of this property. Further review of this access will determine whether or not this access was previously approved as well as the use ofthe access. This addition may exceed the access requirements for the initial development therefore, ITD will require a Traffic Impact Study and Safety Analysis. With receipt and review ofthe study and analysis, ITD will conclude whether or not the access will require modification to accommodate the new traffic conditions. 7. An application for a permit must be submitted to the Department for consideration of any new accesses or changes of use to any existing accesses to the highway. Applicant shall contact Matt Ward at 8150 Chinden Blvd, in Boise or call (208) 334-8341 for an application. Along with other conditions required for the proposed permit, ITD will need a Traffic Impact Study and Safety Analysis for the development. G. Adopt the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 15 OF 18 2. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of the proposed project. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The Applicant shall contact Donna Moore at 466-7861 for further information. 3. The developer must comply with Idaho Code 31-3805. H. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: For Clarification: 1. Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for refrigerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action ofthe City Council taken at their July 6,2004 meeting.) 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re- develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the Applicant and ACHD. 3. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 16 OF 18 signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. 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; and 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 967-6521. 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 Q)O it. day of "- \U \ Y ,2004. BY~~ Tammy d e FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 17 OF 18 Mayor, City of Meridian \\1\11 \111 tl/IIII \\\\\\ .Of MEFl~r~"'"" Attest: ,\" ,~ ('V/ 1/" ~\ Y. 0 =-11,..- /// ! (j~.:PC<?"P R~ r~o \ ~ ,. ~ - - - - ;::; SEAll P:l ~ 7c;, ~ 2 ; 0(,1 '" 0.;::- '::;. 7,() Sr 1 S\ . ;;:..::,'.:: ';'~/" ~:.v1 Oru" " ~ ~,,,,, Copy served upon Applicant, the Planiii'ng aMl"fk)n~'{m'lJepartment, Public Works Department d C't Att IJIHflfi 111I\\ an 1 y omey. By: ~o., ~~.VYi City Clerk's Office Dated: 'l ~w-OL\ Z:\Wol'k\M\Meridian\Meridian I 5360MlMusseU Comer Sub Az..-03-038 PFP-03-007 CUP-03-071\PFP FfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - MUSSELL CORNER SUBDIVISION (PFP-03-007) PAGE 18 OF 18 July 16, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. CUP 03-071 July 20, 2004 ttJ-(J ITEM NO. REQUEST Findings - Request for a CUP for a PO to allow construction of a combination feed store & gas station / convenience store on 1 of the proposed lots & to allow existing commercial & residential uses to remain & the property for Mussell Comer Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings A?r'(oIV In\!( IltC,{Un/fWfI'} Date: 7~ Staff Initials: Contacted: Emailed: ~: Materials presented at publiC meetings shall become properly of the City of Meridian. I/~"R ... ~,v~~, JUL 1 5 2004 interoffice MEMORANDUM Ci tv Of Ivleridian City Clerk Office To: William G. Berg, Jr, From: William F. Nichols Subject: BY: PINNACEL ENGINEERS, INe. FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR MUSSELL CORNER SUBDIVISION IN A C-G ZONE File No.: CUP-03-071 Date: May 27, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360M\Mussell Corner Sub AZ-03-038 PFP-03-007 CUP-03-071\ClkLtrCUPffcls&Order 07 1504.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/11/04 C/C OS/25/04 C/C 06/08/04 C/C 07/06/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT TO ALLOW ) CONSTRUCTION OF A ) COMBINATION FEED STORE AND ) GAS STATION/CONVENIENCE ) STORE ON 1 OF THE PROPOSED ) LOTS AND TO ALLOW EXISTING ) COMMERCIAL AND ) RESIDENTIAL USES TO REMAIN ) FOR THE PROPERTY IN A ) PROPOSED C-G ZONE FOR ) MUSSELL CORNER SUBDIVISION, ) LOCATED ON THE NORTHEAST ) CORNER OF KUNA-MERIDIAN ) ROAD (SH 69) AND VICTORY ) ROAD, WITHIN SECTION 19, ) TOWNSHIP 3 NORTH, RANGE 1 ) EAST, MERIDIAN, IDAHO ) ) PINNACLE ENGINEERS, INC., ) APPLICANT ) ) Case No. CUP-03-071 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 11, 10004, and continued until May 25, 2004, June 8, 2004, and July 6, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 30 Hawkins-Clark and Steve Siddoway for the Planning and Zoning Department, Dave McKinnon, Jose Veneziano, and Steven H. Laney, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 11, 2004, and continued until May 25,2004, June 8, 2004 and July 6,2004 before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 11, 2004, and continued until May 25,2004, June 8, 2004 and July 6, 2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF30 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-2 (Ada County) zone and by reason of the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the northeast corner of Kuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho. 5. The owners of record of the subject property are Tim and Carol Mussell and Tim Mussell has provided notarized consent for Pinnacle Engineers, Inc. to submit the subject application. 6. Applicant is Pinnacle Engineers, Inc. 7. The subject property is currently zoned C-2 in Ada County. There is, however, an application for annexation and zoning to C-G (General Retail and Service Commercial) before the City CounciL The zoning district ofC-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development in a C-G zone for Mussell Comer Subdivision. The C-G zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 30 Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Commercial. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the concerns of Cloyd and Bonnie Nelson in their letter dated February 23,2004, and in letters from Ada County Development Services dated February 4,2004 and April 7, 2004, All are hereby entered into public record and are on file in the Meridian City Clerk's office, 33 East Idaho, Meridian, Idaho. 13. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 14. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 30 City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. All conditions ofthe accompanying Annexation/Rezone application and Preliminary/Final Plat application shall also be considered conditions ofthe Conditional Use/PD application. 2. As amenities for the PD, construct a 5-foot wide detached sidewalk adjacent to SH 69 (approximately 1,200 linear feet) and utilize the existing pond on the proposed Lot 4. 3. Construct a maximum of one access to SH 69, if access is approved by lTD. If access is not approved to SH 69 by ITD, then access shall be taken from Victory Road only. Depending on the final decision by ITD, place a note on the face of the final plat stating that either: 1) Other than the single access point approved by ITD, direct lot access to Kuna-Meridian Road (SH 69) is prohibited, OR 2) Access to Kuna-Meridian Road (SH 69) is prohibited, unless otherwise approved by rTD and the City of Meridian. 4. The submitted landscape plan, prepared by Pinnacle Engineers, Inc., and dated 6~ 11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the Applicant shall submit a revised landscape plan with the following changes/ additions/notes: · Provide a 20-foot wide landscape buffer along Victory Road, west of the westernmost driveway, located entirely outside of the existing right-of-way. · Provide a 35-foot wide landscape buffer along SH 69 for the entire length of the site (approximately 1,200 linear feet). Said landscape buffer shall be located outside of any right-of-way required by ITD with this application. · Conifer trees are not allowed within any required street buffer area. · Provide a minimum 5-foot wide landscape strip along all interior lot lines that are adjacent to paved vehicular use areas. · Provide landscape planters with trees, and vegetative groundcover within the proposed parking areas on Lots 2 and 3. · 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 oftrees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 5. Except for the existing buildings on the proposed Lot 4, Block 1, and unless otherwise approved with a future CUP, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 30 6. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, provide asphalt parking and drive aisles as shown on the site plan prepared by Cole & Poe Architects, Sheet AO.l, dated June 29,2004. All entrance and internal roads shall have a turning radius of28' inside and 48' outside per the Fire Department (radii modification required near the northwest comer of the existing house and on the easternmost driveway from Victory Road). The fire lanes shall have a clear driving surface, available at all times, which is 20' wide (width modification required near the southeast corner ofthe proposed feed store). 7. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, submit a revised site plan depicting street buffer widths and internal landscaping as required by the City Council. B. 1. 2. a. b. c. d. e, f. 3. Adopt the Recommendations of the Meridian Fire Department as follows: Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. AU entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest comer of the existing house and on the easternmost driveway from Victory Road). 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast comer of the proposed feed store). 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 30 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such materiaL Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. 13. All buildings must be sprinklered. C. Adopt the Recommendations of Sanitary Service Co. as follows: 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. D. Adopt the Ada County Highway District (ACHD) report date stamped: RECEIVED FEB 18 2004 CITY OF MERIDIAN CITY CLERK OFFICE, and the Applicant shall be required to comply with all Site Specific Conditions of Approval, Standard Conditions of Approval, and any all other requirements of ACHD. E. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 30 1. The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that storm water 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. Storm water Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000, F. Adopt the Recommendations of the Idaho Transportation Department as follows: 1. SH 69 has been designated a Principal Arterial. ITD wants ACHD and the City of Meridian to help ITD preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2, Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: 1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. 2) Shall be recorded at the County Recorders Office. 3) Temporary access restrictions will be noted on the permit. 3. Noise abatement will be the responsibility of the developer and will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 30 constructed off of the State Right of Way, follow the Notice Abatement Measures that were attached to the ITD's letter dated January 29,2004. 4. ITD would like to express that a variance to their policy for access will not be considered unless the property has no other means of access except the highway. This property fronts Victory Road and has access to Victory Road. 5. If a lot split has occurred since the approval ofITD's Access Control Policy then a cross access agreement shall be required as direct access to the highway will not be allowed. 6. An access exists at the Northwest comer of this property. Further review of this access will determine whether or not this access was previously approved as well as the use of the access. This addition may exceed the access requirements for the initial development therefore, ITD will require a Traffic hnpact Study and Safety Analysis. With receipt and review of the study and analysis, ITD will conclude whether or not the access will require modification to accommodate the new traffic conditions. 7. An application for a permit must be submitted to the Department for consideration of any new accesses or changes of use to any existing accesses to the highway. Applicant shall contact Matt Ward at 8150 Chinden Blvd, in Boise or call (208) 334-8341 for an application, Along with other conditions required for the proposed permit, ITO will need a Traffic Impact Study and Safety Analysis for the development. G. Adopt the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of the proposed project. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The Applicant shall contact Donna Moore at 466-7861 for further information. 3. The developer must comply with Idaho Code 31-3805. H. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: For Clarification: 1. Business hours for uses on this property shall presently have no restriction on hours of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 30 operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for refrigerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action ofthe City Council taken at their July 6,2004 meeting.) 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion ofthe proposed project (Rumple Lane), until such area re- develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees , and a License Agreement shall be entered into between the Applicant and ACHD. 15. A CUP/PD application is required because there are multiple buildings on a single parcel, because the existing residential use is prohibited in the proposed C-G zone, and because the existing buildings to remain to not meet setbacks for the proposed zone. The PD application requests that the existing single-family home be approved in the C-G zone as a Use Exception (MCC 12-6-3). The Applicant is also requesting that the required landscaping adjacent to Victory Road be allowed within the right-of-way, Landscaping/Required Yards (Setbacks)/Right-of-Way: The submitted preliminary plat/site plan shows 48-feet of right-of-way from centerline on Victory Road. The submitted site plan does show a 35-foot wide landscape buffer adjacent to Kuna-Meridian Road, and a 20-foot wide landscape buffer adjacent to Victory Road (see MCC 12-13-10-4). However, the Applicant is proposing a majority ofthe landscaping adjacent to Victory Road be constructed within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 30 right-of-way. There is concern that when the adjacent roadways are constructed to their ultimate widths, especially the signalization of the intersection ofSH 69Nictory Road, there will be a minimal amount oflandscaping left adjacent to the proposed gas station if approved as proposed. Amenities: MCC l2-6-2.A.3 requires two or more amenities to be provided as part of each PD. MCC 12-6 does not exempt non-residential PDs from providing amenities. It does state that "other amenities appropriate to the size and uses of the proposed development, as may be proposed by the applicant and approved by the Commission and Council," can be approved. The first amenity proposed is a pond. There is support of the pond amenity. However, the Applicant is not proposing to set aside the pond in a common lot. If the pond is not accessible to all of the lots, it is not believed that the proposed amenity meets the intent ofMCC for planned developments. The second proposed amenity is a meandering sidewalk adjacent to Kuna- Meridian Road. It is believed that the proposed sidewalk amenity is appropriate to the size and uses of the proposed development. There is support ofthe proposed amenities as long as the pond is preserved in a common lot for all ofthe lots in the subdivision to utilize. Parking: MCC 11-13 outlines the requirements for all off-street parking facilities (drive aisles, stalls, striping, etc.). The Applicant is proposing to construct (pave, stripe, etc.) parking for the gas/convenience/feed store in accordance with MCC. The revised site plan also proposes asphalt parking and drive aisles for the existing landscape nursery and sprinkler irrigation business. There is support of the proposed parking plan. It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 30 16. The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. It is found that the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. It is found that the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application: · Chapter VII, Goal IV, Objective D, Action item 2 · Chapter VII, Goal IV, Objective D, Action item 4 · Chapter IV, Goal I, Objective A, Action item 6 · Chapter VII, Goal I, Objective B, Action item 5 · Chapter VII, Goal 1, Objective B · Chapter V, Goal III, Objective D, Action item 5 · Chapter VI, Figure VI-5 · Chapter VI, Goal II, Objective A, Action item 3 17. It is found that the proposed C-G zone/new uses, and any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended to be utilized for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. 18. It is found that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. It is not believed that the amount of traffic, noise, fumes and/or odors will be detrimental to the public. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 30 MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish some guidelines to mitigate the detrimental aspects of the proposed use, the existing uses, and all future uses on-site, the Applicant should clarify during the public hearing the hours of operation, hours offuel delivery, any potential for refrigerated truck operation, and anticipated decibel levels generated at the site. ACHD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has evaluated access to this site from Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Review ofthe ACHD report for this project will provide additional information. ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The driveways proposed to SH 69 for this site do not conform to ITD's policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site from the proposed access points will be attempting to merge with, or cross, traffic that is going extremely fast. It is found that if the approaches to the site are constructed as proposed, they will cause interference with the traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 30 flow on SH 69. 19. It is found that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. ITD needs additional right-of-way and/or a frontage road adjacent to/through this property (see letter from ITD). Improvements to Victory Road in this area have not taken place in the recent past, and except for the anticipated signalization at SH 69, none are anticipated within the next 20 years (not in ACHD's Five-Year Work Program). At full build out, it is believed that this site will add a significant amount of traffic to the roadway system (see ACHD staff report for further details). This site has over 1,000 feet of frontage on Victory Road. ACHD is requiring the Applicant to install roadway improvements (pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory Road. The ACHD is recommending, with site-specific and standards conditions, approval of the subject development. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comer of the development, and a pressure main would need to be extended approximately 1,400- feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. On January 23,2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside of their five-minute response zone. Because the Fire Department does not know when a new station will be constructed in this area, south ofthe freeway, all buildings within this development must be sprinklered. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 30 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 ll~12-1.e. It is found that the property proposed for annexation can be serviced by essential public facilities and services. 20. It is found that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. ITD needs addi tional right -0 f-way and/or a frontage road adjacent to/through this property (see letter from ITD). hnprovements to Victory Road in this area have not taken place in the recent past, and except for the anticipated signalization at SH 69, none are anticipated within the next 20 years (not in ACHD's Five-Year Work Program). At full build out, it is believed that this site will add a significant amount oftraffic to the roadway system (see ACHD staff report for further details). This site has over 1,000 feet of frontage on Victory Road. ACHD is requiring the Applicant to install roadway improvements (pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory Road. The ACHD is recommending, with site-specific and standards conditions, approval of the subject development. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comer of the development, and a pressure main would need to be extended approximately 1,400-feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. On January 23,2004, ajoint agency/department comments meeting was held with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 30 representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside oftheir five-minute response zone. Because the Fire Department does not know when a new station will be constructed in this area, south of the freeway, all buildings within this development must be sprinklered. 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 ll-l2-l.C. It is found that the property proposed for annexation can be serviced by essential public facilities and services. The developer will be financing the extension of sewer, water, locallinternal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. It is found that this development will not cause excessive additional requirements at public cost, if the Applicant complies with the conditions of approval for the annexation/zoning, conditional use/PD permit and preliminary plat applications. It is found that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. It is not believed that the amount of traffic, noise, fumes and/or odors will be detrimental to the public. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish some guidelines to mitigate the detrimental aspects of the proposed use, the existing uses, and all future uses on-site, the Applicant should clarify during the public hearing the hours of operation, hours offuel delivery, any FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 30 potential for refrigerated truck operation, and anticipated decibel levels generated at the site. ACHD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has evaluated access to this site from Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Review of the ACHD report for this project will provide additional information. ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The driveways proposed to SH 69 for this site do not conform to ITD's policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site from the proposed access points will be attempting to merge with, or cross, traffic that is going extremely fast. It is found that ifthe approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. 21. ACHD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 30 ACHD has evaluated access to this site from Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Review of the ACHD report for this project will additional information. ITO has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD), ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The driveways proposed to SH 69 for this site do not conform to ITD's policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site from the proposed access points will be attempting to merge with, or cross, traffic that is going extremely fast. It is found that ifthe approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. 22. Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may result in the destruction, loss or damage of a natural, scenic or historic feature of which staff is unaware. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 30 Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 30 services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 30 approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17 -6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 30 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development in a C-G zone for Mussell Comer Subdivision located on the northeast comer of Kuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. All conditions ofthe accompanying Annexation/Rezone application and Preliminary/Final Plat application shall also be considered conditions of the Conditional Use/PD application. 2. As amenities for the PD, construct a 5-foot wide detached sidewalk adjacent to SH 69 (approximately 1,200 linear feet) and utilize the existing pond on the proposed Lot 4. 3. Construct a maximum of one access to SH 69, if access is approved by lTD. If access is not approved to SH 69 by ITD, then access shall be taken from Victory Road only. Depending on the final decision by ITD, place a note on the face of the final plat stating that either: 1) Other than the single access point approved by ITD, direct lot access to Kuna-Meridian Road (SH 69) is prohibited, OR 2) Access to Kuna-Meridian Road (SH 69) is prohibited, unless otherwise approved by nD and the City of Meridian. 4, The submitted landscape plan, prepared by Pinnacle Engineers, Inc., and dated 6-11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the Applicant shall submit a revised landscape plan with the following changes/additions/notes: . Provide a 20- foot wide landscape buffer along Victory Road, west of the westernmost driveway, located entirely outside ofthe existing right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 30 · Provide a 35-foot wide landscape buffer along SH 69 for the entire length of the site (approximately 1,200 linear feet). Said landscape buffer shall be located outside of any right-of-way required by ITD with this application. · Conifer trees are not allowed within any required street buffer area. · Provide a minimum 5-foot wide landscape strip along all interior lot lines that are adjacent to paved vehicular use areas. · Provide landscape planters with trees, and vegetative ground cover within the proposed parking areas on Lots 2 and 3. · Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 5. Except for the existing buildings on the proposed Lot 4, Block 1, and unless otherwise approved with a future CUP, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 6. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, provide asphalt parking and drive aisles as shown on the site plan prepared by Cole & Poe Architects, Sheet AO.1, dated June 29,2004. All entrance and internal roads shall have a turning radius of28' inside and 48' outside per the Fire Department (radii modification required near the northwest comer ofthe existing house and on the easternmost driveway from Victory Road). The fire lanes shall have a clear driving surface, available at all times, which is 20' wide (width modification required near the southeast comer ofthe proposed feed store). 7. Prior to issuance ofa Certificate of Zoning Compliance (CZC) permit, submit a revised site plan depicting street buffer widths and internal landscaping as required by the City Council. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 2, Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF30 f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest corner of the existing house and on the easternmost driveway from Victory Road). 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast corner ofthe proposed feed store). 7. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement ofthis goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staffthe facilities. 10. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC andMCC II-l2-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 30 13. All buildings must be sprinklered. e. Adopt the Recommendations of Sanitary Service Co. as follows: 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval ofthe trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. D. Adopt the Ada County Highway District (ACHD) report date stamped: RECEIVED FEB 18 2004 CITY OF MERIDIAN CITY CLERK OFFICE, and the Applicant shall be required to comply with all Site Specific Conditions of Approval, Standard Conditions of Approval, and any all other requirements of ACHD. E. Adopt the Recommendations of the Centra] District Health Department as follows: 1. The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stonnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. F. Adopt the Recommendations of the Idaho Transportation Department as follows: 1. SH 69 has been designated a Principal Arterial. ITD wants ACHD and the City of Meridian to help ITD preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 30 (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type N will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: 1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road, 2) Shall be recorded at the County Recorders Office. 3) Temporary access restrictions will be noted on the permit. 3. Noise abatement will be the responsibility of the developer and will be constructed off of the State Right of Way, follow the Notice Abatement Measures that were attached to the ITD's letter dated January 29,2004. 4. ITD would like to express that a variance to their policy for access will not be considered unless the property has no other means of access except the highway. This property fronts Victory Road and has access to Victory Road. 5. If a lot split has occurred since the approval ofITD's Access Control Policy then a cross access agreement shall be required as direct access to the highway will not be allowed. 6. An access exists at the Northwest comer of this property. Further review of this access will determine whether or not this access was previously approved as well as the use of the access. This addition may exceed the access requirements for the initial development therefore, ITD will require a Traffic Impact Study and Safety Analysis. With receipt and review of the study and analysis, ITD will conclude whether or not the access will require modification to accommodate the new traffic conditions. 7. An application for a permit must be submitted to the Department for consideration of any new accesses or changes of use to any existing accesses to the highway. Applicant shall contact Matt Ward at 8150 Chinden Blvd, in Boise or call (208) 334-8341 for an application. Along with other conditions required for the proposed permit, ITD will need a Traffic Impact Study and Safety Analysis for the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 30 G. Adopt the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of the proposed project. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The Applicant shall contact Donna Moore at 466-7861 for further information. 3. The developer must comply with Idaho Code 31-3805. H. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: For Clarification: 1. Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for refrigerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6,2004 meeting.) 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association, 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re-develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the Applicant and ACHD. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 30 S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 28 OF 30 multiple phases, such phases sha1l be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the dO-\{, day of ,hH ") ROLL CALL: , 2004. COUNCILMAN SHAUN WARDLE VOTED ~ (L... VOTED l-2!-(L VOTED A\-:N--N COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 29 OF 30 COUNCILMAN KEITH BIRD VOTED t ~iO...-J VOTED MA YOR TAMMY de WEERD (TIE BREAKER) - DATED: (lUll; aOj dDCJ4. MOTION: APPROVED: )( DISAPPROVED: Attest: SEAL [') ::: William G. Berg, Jr., Cit ClerK ~ ~ GUn ,ctJC 0 .! ~ q"t OJ r 1S\ . .;l?- $' ~ -7 ~l. - " Copy served upon Applicant, Planning"frl)f~D~J?aft:~ent, Public Works d h ' 'lit." I 11\\\\ Department an t e CIty Attorney. "jl t 1\ By: ~ ).J\J tJV\. ) City Clerk's Office Dated: t- 2LD-04- Z:\ Work\M\Meridian\Meridian J 5360M\Mussell Comer Sub AZ-03-038 PFP.03-007 CUP.03-071\FfCIsCUP03-071.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 30 OF30 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/11/04 C/C OS/25/04 C/C 06/08/04 C/C 07/06/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT TO ALLOW ) CONSTRUCTION OF A ) COMBINATION FEED STORE AND ) GAS STATION/CONVENIENCE ) STORE ON 1 OF THE PROPOSED ) LOTS AND TO ALLOW EXISTING ) COMMERCIAL AND ) RESIDENTIAL USES TO REMAIN ) FOR THE PROPERTY IN A ) PROPOSED C-G ZONE FOR ) MUSSELL CORNER SUBDIVISION, ) LOCATED ON THE NORTHEAST ) CORNER OF KUNA-MERIDIAN ) ROAD (SH 69) AND VICTORY ) ROAD, WITHIN SECTION 19, ) TOWNSHIP 3 NORTH, RANGE 1 ) EAST, MERIDIAN, IDAHO ) ) PINNACLE ENGINEERS, INC., ) APPLICANT ) ) Case No. CUP-03-071 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on May 11, 2004, and continued until May 25,2004, June 8,2004, and July 6,2004, under the provisions of Meridian City Code ~ 11- 17-4 for final action on conditional use permit application and the Council having received and ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 1 OF 10 approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development in a C-G zone for Mussell Comer Subdivision located on the northeast comer of Kuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. All conditions of the accompanying Annexation/Rezone application and Preliminary/Final Plat application shall also be considered conditions ofthe Conditional Use/PD application. 2. As amenities for the PD, construct a 5-foot wide detached sidewalk adjacent to SH 69 (approximately 1,200 linear feet) and utilize the existing pond on the proposed Lot 4. 3. Construct a maximum of one access to SH 69, if access is approved by lTD. If access is not approved to SH 69 by ITD, then access shall be taken from Victory Road only. Depending on the final decision by ITD, place a note on the face of the final plat stating that either: 1) Other than the single access point approved by ITD, direct lot access to Kuna-Meridian Road (SH 69) is prohibited, OR 2) Access to Kuna-Meridian Road (SH 69) is prohibited, unless otherwise approved by ITD and the City of Meridian. 4. The submitted landscape plan, prepared by Pinnacle Engineers, Inc., and dated 6-11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the Applicant shall submit a revised landscape plan with the following changes/addi tions/notes: · Provide a 20-foot wide landscape buffer along Victory Road, west of the westernmost driveway, located entirely outside of the existing right-of-way. · Provide a 35-foot wide landscape buffer along SH 69 for the entire length of the site (approximately 1,200 linear feet). Said landscape buffer shall be located outside of any right-of-way required by ITD with this application. · Conifer trees are not allowed within any required street buffer area. · Provide a minimum 5-foot wide landscape strip along all interior lot lines that are adjacent to paved vehicular use areas. · Provide landscape planters with trees, and vegetative ground cover within the proposed parking areas on Lots 2 and 3. ORDER CONDITIONAL USE PERMIT (CUP-03-071 ) PAGE 2 OF 10 · Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 5. Except for the existing buildings on the proposed Lot 4, Block 1, and unless otherwise approved with a future CUP, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 6. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, provide asphalt parking and drive aisles as shown on the site plan prepared by Cole & Poe Architects, Sheet AO.l, dated June 29,2004. All entrance and internal roads shall have a turning radius of28' inside and 48' outside per the Fire Department (radii modification required near the northwest comer of the existing house and on the easternmost driveway from Victory Road). The fire lanes shall have a clear driving surface, available at all times, which is 20' wide (width modification required near the southeast comer of the proposed feed store). 7. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, submit a revised site plan depicting street buffer widths and internal landscaping as required by the City CounciL B. 1. 2. a. b. c. d. e. f. 3. Adopt the Recommendations of the Meridian Fire Department as follows: Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. 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'. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest corner of the existing house and on the easternmost driveway from Victory Road). 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 3 OF 10 combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast corner of the proposed feed store). 7. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. 13. All buildings must be sprinklered. C. Adopt the Recommendations of Sanitary Service Co. as follows: 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 4 OF 10 D. Adopt the Ada County Highway District (ACHD) report date stamped: RECENED FEB 182004 CITY OF MERIDIAN CITY CLERK OFFICE, and the Applicant shall be required to comply with all Site Specific Conditions of Approval, Standard Conditions of Approval, and any all other requirements of ACHD. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: I. State ofIdaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. F. Adopt the Recommendations of the Idaho Transportation Department as follows: 1. SH 69 has been designated a Principal Arterial. ITD wants ACHD and the City of Meridian to help lTD preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type N will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: 1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 5 OF 10 which may not directly access the state highway system, but may be via a frontage or backage road. 2) Shall be recorded at the County Recorders Office. 3) Temporary access restrictions will be noted on the permit. 3. Noise abatement will be the responsibility of the developer and will be constructed off of the State Right of Way, follow the Notice Abatement Measures that were attached to the ITD's letter dated January 29,2004. 4. ITD would like to express that a variance to their policy for access will not be considered unless the property has no other means of access except the highway. This property fronts Victory Road and has access to Victory Road. 5. Ifa lot split has occurred since the approval ofITD's Access Control Policy then a cross access agreement shall be required as direct access to the highway will not be allowed. 6. An access exists at the Northwest comer ofthis property. Further review of this access will determine whether or not this access was previously approved as well as the use of the access. This addition may exceed the access requirements for the initial development therefore, ITD will require a Traffic Impact Study and Safety Analysis. With receipt and review of the study and analysis, ITD will conclude whether or not the access will require modification to accommodate the new traffic conditions. 7. An application for a permit must be submitted to the Department for consideration of any new accesses or changes of use to any existil)g accesses to the highway. Applicant shall contact Matt Ward at 8150 Chinden Blvd, in Boise or call (208) 334-8341 for an application. Along with other conditions required for the proposed permit, ITD will need a Traffic Impact Study and Safety Analysis for the development. G. Adopt the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application be filed for review prior to final platting. 2. AUlatera]s and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of the proposed project. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The Applicant shall contact Donna Moore at 466-7861 for further information. ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 6 OF 10 3. The developer must comply with Idaho Code 31-3805. H. Adopt the action ofthe City Council taken at their July 6, 2004 meeting as follows: For Clarification: 1. Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for refrigerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6,2004 meeting.) 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re- develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the Applicant and ACHD. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 7 OF 10 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) ORDER CONDITIONAL USE PERMIT (CUP-03-071 ) PAGE 8 OF 10 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the c;) 0 th day of :ti\\~ ,2004. Attest: ... ... PAGE 9 OF 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:~J\AWVI City Clerk's Office Dated: '1 - 'l~ ~o+ Z:\Work\M\Meridian\Melidian 15360MlMussell Comer Sub AZ.03.038 PFP.03.007 CUP.03.071\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-071) PAGE 10 OF 10 MA YOR Tammy dcWecrd CITY COUNCIL MEMBERS William L.M. Nal)' Keith Bird Shaun Wardle Charles M. Rountree r'-.. P f CITY OF .~..-,;; "-/Vler/d/an IDAHO C.1..t~-t\ " \1 V .j ,y y / Qmcr . i 1003 LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. Fax 887-1297 ./ PLANNING AND ZONING DEPARTMENT (208) 884-5533' FAX 888-6854 STAFF REPORT: Transmittal Date: July 2, 2004 City Council Hearing Date: July 6, 2004 To: Mayor and City Council From: Craig Hood, Associate City Planner (II{ John Boyd, Engineering Tech II 72.6 JUL 1 5 2004 eitv Of Meridiari City Clerk Office Subject: Mussell Corner Subdivision (REVISED) · Annexation/Rezone (AZ) Approval of 23.52 Acres (including right-of-way) from C2 (Ada County) to C-G (General Retail and Service Commercial), by Pinnacle Engineers, Inc. (File No. AZ-03-038) · Preliminary/Final Plat (PFP) Approval of Four (4) Buildable Lots on 21.38 Acres in a Proposed C-G Zone, by Pinnacle Engineers, Inc. (File No. PFP-03- 007) · Conditional Use Permit (CUP) Approval for a Planned Development (PD) for a Combination Feed Store and Gas/Convenience Station and to Allow the Existing Commercial and Residential Uses to Remain on 21.38 Acres in a Proposed C-G Zone, by Pinnacle Engineers, Inc. (File No. CUP-03-071) APPLICATIONS SUMMARY This is a revised staff report for the Mussell Corner annexation. preliminary/final plat. and conditional use permit. The original recommendation for the subject applications was denial. Based on the revised site (prepared by Cole & Poe Architects. Sheet AO.l. dated June 29. 2004) and landscape plans (prepared by Pinnacle Engineers. Sheets LS-l and LS-2. dated June 11. 2004) provided by the Applicant. and the previous discussions at the public hearin2s. staff has updated the report. Staff is recommending approval of the subject annexation and zoning (AZ-03~038). preliminary/final plat (PFP-03-007) and conditional use permit (CUP-03-071). Staff has provided a detailed analysis for the requested annexation and zoning. preliminary/final plat. and conditional use permit applications below. The Applicant, Pinnacle Engineers, Inc., has applied for Annexation/Zoning (AZ), Preliminary/Final Plat (PFP) and Conditional Use Permit/Planned Development (CUP/PD) EXHffiIT "A" 1 OF 21 Mayor & City Council Page 2 approval of four (4) buildable lots on 21.38 acres within the proposed C-G zone. The site is located at the northeast comer of Victory Road and Kuna-Meridian Road (SH 69). The subject development is eligible for a combined preliminary/final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside or the like (MCC 12- 3-3). One of the four buildable lots (Lot 3) is for a new combination feed store and gas/convenience station, located on the northeast comer of Victory Road and Kuna-Meridian Road. Another one of the proposed lots will be for a future stand alone commercial building. The remaining two proposed lots will be utilized in their current capacity which includes: growing and storing materials for the on-site commercial landscape nursery, a sprinkler/irrigation business, and a single-family residencellandscape office. The Applicant is requesting detailed CUP/PD approval of the proposed feed store/gas station on Lot 3, and of the existing structures on Lots 1 & 4. The existing coffee kiosk located near the intersection of Victory Road and Kuna-Meridian Road will be removed if the application is approved. This property is currently zoned C2 in Ada County and is designated in the City's Comprehensive Plan as "Commercial". A CUP/PD application is required because there are multiple buildings/uses on a single parcel, because the existing residential use is prohibited in the proposed C-G zone, and because some of the existing buildings do not conform to the setbacks for the C-G zone. The PD application requests that the existing single-family home be approved in the C-G zone as a use exception as allowed in MCC 12-6-3. The Applicant has not submitted detailed plans for Lot 2 and is requesting only conceptual approval at this time. Because the Applicant has not submitted elevations for Lots 1, 2 & 4, detailed conditional use permit approval will be required for each lot when it develops/redevelops. The Applicant is not requesting any deviations from the standard dimensional standards (e.g. - setback, frontage, height, etc.) for the new uses. The Applicant is proposing to utilize the existing pond on the proposed Lot 4 as one amenity and a meandering sidewalk adjacent to Kuna-Meridian Road as the other. See the Conditional Use/PD section of this report for further analysis of the proposed amenities. The Applicant is proposing two access points onto Kuna-Meridian Road (SH 69), a principal arterial roadway, and two access points onto Victory Road, a collector roadway. The Applicant is proposing a common ingress/egress easement, shared by all four (4) buildable lots in the subdivision for access to both Kuna-Meridian Road and Victory Road. Kuna-Meridian Road is under the jurisdiction of the Idaho Transportation Department (ITD), and Victory Road is under the jurisdiction of the Ada County Highway District (ACHD). See the Annexation & Zoning and CUP/PD sections of this report, and the correspondences from ACHD and ITD for detailed analysis ofthe proposed access points. Ada County Development Services has submitted three letter to the City outlining the history of the various code infractions on this site. The most recent letter, dated July I, 2004, states that if the City approves the annexation and subdivision of this property, then the illegal split will be cleaned-up. The other outstanding county violation noted involves the lack of screening for the EXHmIT "A" 2 OF 21 Mayor & City Council Page 3 outdoor storage areas associated with the sprinkler business. The County will defer pursuing compliance of these issues if they have an opportunity to review and comment on the Development Agreement (DA) and the Facts, Findings, and Conclusions of Law for the subject applications. NOTE: P & Z staff will forward these documents to Ada County for review as they become available from the Legal Department. LOCATION The subject site is located on the northeast comer of Kuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North - Single-family homes (Edmonds Subdivision), zoned RUT (Ada County) / Vacant, currently used for storage, zoned RUT (Ada County) South ~ 143-acre parcel, currently used for agricultural purposes, zoned RUT (Ada County) East - Single-family home (Observation Point Subdivision), zoned R-4 West - Single-family homes, zoned RUT (Ada County) OWNER OF RECORD As of the applications submittal date, the property owners of record are Tim & Carol Mussell, who have provided notarized consent for Pinnacle Engineers, Inc., to submit the subject applications. ANNEXATION AND ZONING FINDINGS The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission. The subject property is within the Urban Service Planning Area. Because there are existing commercial uses on this site, staff has combined the analysis of use with the annexation and zoning findings. According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that EXHffiIT "A" 3 OF 21 Mayor & City Council Page 4 the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-halfmile intervals in urban areas.ITD allows approaches (other than intersections) in special cases and on a temporary basis. Staff finds that the two lJroposed access lJoints to Kuna-Meridian Road (SH 69) do not meet the location requirements of lTD. The Applicant is proposing cross-access between the lots using the proposed and future driveways/parking lots. (See more discussion about access in the Conditional UselPD section below.) · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Stafffinds that the revised landscape plan, reflecting a 35-foot wide landscape buffer along the entirefrontage ofSH 69 meets the above-listed Comprehensive Plan Action item. (See more discussion about landscaping in the Conditional UselPD section below.) · "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, Objective A, Action item 6) The Meridian Fire Department has submitted comments and conditions for this site (see comments at end of this report). One of the comments received from the Fire Department states that the proposed project is outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. Staff does not anticipate that at the time of final approval of the first phase of this development that the response time goals of the Fire Department will be achieved. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. The Applicant will have to extend water mains E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to EXHmIT "A" 4 OF 21 Mayor & City Council Page 5 be installed near the northwest corner of the development, and a pressure main would need to be extended approximately 1,400-feet north on N Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. · "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, Objective B, Action item 5) The subject property has frontage on both an arterial roadway, Kuna-Meridian Road, and a collector roadway, Victory Road. The existing uses adjacent to this site have not yet developed to the expected residential densities anticipated in the Comprehensive Plan. The proposed development could complement existing and future residential uses in the area. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal!, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Originally, the Applicant requested a waiver of the requirement to install landscaping adjacent to the existing commercial uses that are to remain on-site. The Applicant has submitted a revised landscape plan that depicts landscaping along the entire frontage oj SH 69 and Victory Road. (See detailed analysis in the Conditional Use/PD section below.) · "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on both Victory Road and Kuna-Meridian Road adjacent to the site. The Applicant has not addressed the issues oj bikeways adjacent to the site. Staff is recommending that the Applicant work with ACHD to provide a bike lane on Victory Road, but not Kuna- Meridian Road. Because the posted speed limit on Kuna-Meridian Road is 55 MPH, staff does not believe that a bikeway/lane should be required. · "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is saJe, accessible and convenient. The Applicant is proposing to construct sidewalk for the entire EXHmIT "A" 5 OF 21 Mayor & City Council Page 6 frontage of SH 69 and Victory Road. The ACHD is requiring the Applicant to construct one-half of a 46-foot street section (23-feet of pavement to centerline) on Victory Road. This street section allows for a 6-foot wide bike lane. Staff is sLpportive of the proposed sidewalks and the required bike lane, as they will accommodate pedestrians and bicycles both. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; Nurseries are a permitted use in the proposed C-G zone. Service stations are also a permitted use in the proposed C-G zone. Convenience stores require conditional use permit approval in the C-G zone. Residential uses are prohibited in the C-G zone. Irrigation/sprinkler businesses are not a listed use in the Zoning Schedule of Use Control (MCC 11-8-1). The existing irrigation/sprinkler business that is to remain does have outdoor storage, office space, and has functions similar to a contractor yard. Because the irrigation/sprinkler business is not specifically listed as a permitted use in the C-G zone, it has been determined that conditional use permit approval would be required (MCC 11- 6-4). The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). Staff finds that the proposed gas/convenience/feed store, the existing home, and the existing irrigation/sprinkler business that is to remain, are not principally permitted uses in the C- G zone. The gas/convenience/feed store and the existing irrigation/sprinkler business would require separate conditional use approval. The existing home that is to remain is not eligible for permitting and does not conform to the proposed zoning (non-conforming use). However, the Applicant is requesting that the home be approved with the PD/CUP as a use-exception (MCC 12-6-3). D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Observation Point Subdivision and Bear Creek Subdivision have recently been annexed and developed with residential land uses in this area. There are not any developments in the area that have yet developed in a fashion similar to the proposed rezone area. Kuna-Meridian Road was recently widened in this area by lTD. Victory Road is not scheduled by ACHD for any improvements in the current Five Year Work Program or CIP. The intersection of Victory Road/Kuna-Meridian Road is ranked #2 on the highway EXHffiIT "A" 6 OF 21 Mayor & City Council Page 7 district's prioritization list and is anticipated to be a signalized intersection in the near future. The Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed C-G zone/new uses, and any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended to be utilized for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Appropriate buffers should be required on the north and east boundaries of this development when Lots 1 and 4 redevelop, as the abutting uses (single-family) will be less-intense than uses allowed in the C-G zone (see MCC 12-13-12-4). The Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. ITD needs additional right-of-way and/or a frontage road adjacent to/through this property (see letter from ITD). Improvements to Victory Road in this area have not taken place in the recent past, and except for the anticipated signalization at SH 69, none are anticipated within the next 20 years (not in ACHD's Five-Year Work Program). At full build out, staff believes that this site will add a significant amount of traffic to the roadway system (see ACHD staff report for further details). This site has over 1,000 feet of frontage on Victory Road. ACHD is requiring the Applicant to install roadway improvements (pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory Road. The ACHD is recommending, with site-specific and standards conditions, approval of the subject development. EXHmIT "A" 7 OF 21 Mayor & City Council Page 8 The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comer of the development, and a pressure main would need to be extended approximately 1,400-feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. On January 23, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside of their five-minute response zone. Because the Fire Department does not know when a new station will be constructed in this area, south of the freeway, all buildings within this development must be sprinklered (all of the detailed conditions from the Fire Department and other agencies/departments are at the end of this report). 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 11-12-l.C. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for annexation can be serviced by essential public facilities and services. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost, if the Applicant complies with the conditions of approval for the annexation/zoning, conditional use/PD permit and preliminary plat applications. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. Staff does not believe that the amount of traffic, noise, fumes and/or odors will be detrimental to the public. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated EXHffiIT "A" 8 OF 21 Mayor & City Council Page 9 with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish some guidelines to mitigate the detrimental aspects of the proposed use, the existing uses, and all future uses on-site, the Applicant should clarify during the public hearing the hours of operation, hours of fuel delivery, any potential for refrigerated truck operation, and anticipated decibel levels generated at the site. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has evaluated access to this site from Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Please review the ACHD report for this project for additional information regarding this portion of this finding. ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The driveways proposed to SH 69 for this site do not conform to ITD's policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site from the proposed access points will be attempting to merge with, or cross, traffic that is going extremely fast. Staff finds that if the approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. (See detailed analysis of access to SH 69 in the CUP/PD Special Considerations section below.) K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest ofthe City of Meridian. (Ord. 592,11-17-1992)" Staff finds that essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's EXHffiIT "A" 9 OF 21 ( Mayor & City Council Page 10 comprehensive plan (Commercial). Staff finds that annexation and zomng of this property would be in the best interest of the City. ANNEXATION AND ZONING CONDITIONS/COMMENTS 1. The legal description submitted with the application (dated 12-29-03, stamped by Kevin N. Sorensen) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owner(s). The DA shall require that: · All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. · Business hours for uses on this property shall be limited to the hours approved by the Meridian City Council. 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 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel 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. 5. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. PRELIMINARY/FINAL PLAT FINDINGS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see the findings in section "A" of the Annexation and Zoning portion of this report. B. The availability of public services to accommodate the proposed development; Please see the findings in sections "G" and "H" of the Annexation and Zoning portion of this report. EXHmIT "A" 10 OF 21 Mayor & City Council Page 11 c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, local street infrastructure, utilities and irrigation, for the development at their cost. D. The public fmancial capability of supporting services for the proposed development; Please see the findings in sections "G" and "H" of the Annexation and Zoning portion of this report. The Commission and Council consider the Meridian Police, Parks and Fire Departments' comments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Please see the findings in sections "I" and "J" of the Annexation and Zoning portion of this report. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff is unaware. SPECIAL CONSIDERATIONS (PRELIMINARY/FINAL PLAT) Because most of the "special considerations" apply to both the Plat and the CUP/PD staff has combined the analysis of the issues together. Please see Special Considerations in the CUP/PD section below. PRELIMINARY/FINAL PLAT CONDITIONS 1. All conditions of the accompanying Annexation/Rezone application and Conditional Use PermitlPD application shall also be considered conditions of the Preliminary/Final Plat. 2. Place a note on the face of the final plat that requires all future uses on the lots within this subdivision to obtain Conditional Use Permit approval. 3. Construct a maximum of one access to SH 69, if access is approved by ITD. If access is not approved to SH 69 by ITD, then access shall be taken from Victory Road only. Depending on the final decision by ITD, place a note on the face of the final plat stating that either: 1) Other than the single access point approved by ITD, direct lot access to Kuna-Meridian Road (SH 69) is prohibited, OR 2) Access to Kuna-Meridian Road is prohibited, unless otherwise approved by lTD and the City of Meridian. 4. Other than the access points that have specifically been approved with this application by ACHD, direct lot access to Victory Road is prohibited. Notes of the access restrictions shall be noted on the final plat. 5. Provide the City with a copy of a recorded cross access agreement for the lots in this development to use the driveways to Victory Road and SH 69 (if applicable) as access to EXHIBIT "A" II OF 21 Mayor & City Council Page 12 the public street system. 6. Construct 5-foot wide detached sidewalks adjacent to Victory Road and SH 69 m locations approved by ACHD and ITD respectively. 7. To ensure that the pond will be retained and protected as an amenity for the lots within the subdivision, place the pond area, currently shown within Lot 4, Block 1, in a common lot. 8. Prior to signature of the final plat by the City Engineer, enter into a license agreement with ACHD for the proposed landscaping (shrubs, grass, etc.) in the right-of-way of Victory Road. If a license agreement is not obtained from ACHD, provide a 20-foot wide landscape buffer beyond the existing right-of-way for Victory Road. 9. Revise the plat to accurately depict the existing right-of-way dedicated to ACHD for Victory Road in 1999 (48-feet to centerline). 10. 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 by the City Engineer. 11. Sanitary sewer and water service to this site shall be via main line extensions from existing mains. The applicant has proposed (per the staff memo prepared for the hearing on 4-15-04) to extend a gravity sewer line in SH 69 from the Elk Run Subdivision. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. 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. Cover over the sanitary sewer shall be no less that three-feet from finish grade to the top of pipe. 12. 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 100-year storm event. 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. EXHffilT "An 12 OF 21 Mayor & City Council Page 13 13. Maintenance of all common areas shall be the responsibility of the Mussell Comer Business Owners Association. 14. Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 15. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 16. Streetlights will 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. 17. 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. 18. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 19. Developer shall coordinate mailbox locations with the Meridian Post Office. 20. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided 21. All lot, parcel and tract sizes shall meet the mInImUm dimensional standards as established in the zoning ordinance. 22. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 23. Unless otherwise approved through the CUP/PO, minimum building setback lines shall be in accordance with the zoning ordinance in effect at the time of issuance of building permit(s). 24. 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. 25. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. EXHffiIT "A" 13 OF 21 Mayor & City Council Page 14 26. Prior to signature of the final plat by the City Engineer, correct the errors on the plat (P.U.D.I, right-of-way, notes, easements, legal description, spelling, etc.). 27. 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. 28. Plat approval shall be subject to the expiration provisions set forth in MCC. 29. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. CONDITIONAL USE/PD PERMIT FINDINGS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; A CUP/PD application is required because there are multiple buildings on a single parcel, because the existing residential use is prohibited in the proposed C-G zone, and because the existing buildings to remain to not meet setbacks for the proposed zone. The PD application requests that the existing single-family home be approved in the C-G zone as a Use Exception (MCC 12-6-3). The Applicant is also requesting that the required landscaping adjacent to Victory Road be allowed within the right-of-way. Landscaping/Required Yards (Setbacks)/Right-of-Way: The submitted preliminary plat/site plan shows 48-feet of right-of-way from centerline on Victory Road. The submitted site plan does show a 35-foot wide landscape buffer adjacent to Kuna-Meridian Road, and a 20-foot wide landscape buffer adjacent to Victory Road (see MCC 12-13-10- 4). However, the Applicant is proposing a majority of the landscaping adjacent to Victory Road be constructed within the right-of-way. Staff is concerned that when the ad;acent roadways are constructed to their ultimate widths, especially the signalization of the intersection of SH 69Nictorv Road, there will be a minimal amount of landscaping left adjacent to the proposed gas station if approved as proposed. See Special Considerations below for further analysis. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each PD. MCC 12-6 does not exempt non-residential PDs from providing amenities. It does state that "other amenities appropriate to the size and uses of the proposed development, as may be proposed by the applicant and approved by the Commission and Council," can be approved. The first amenity proposed is a pond. Staff is supportive of the pond amenity. However, the Applicant is not proposing to set aside EXHmIT "A" 14 OF 21 Mayor & City Council Page 15 the pond in a common lot. If the pond is not accessible to all of the lots, staff does not believe that the proposed amenity meets the intent of MCC for planned developments. The second proposed amenity is a meandering sidewalk adjacent to Kuna-Meridian Road. Staff believes that the proposed sidewalk amenity is appropriate to the size and uses of the proposed development. Staff is supportive of the proposed amenities as long as the pond is preserved in a common lot for all of the lots in the subdivision to utilize (See Preliminary/Final Plat Condition #7 and CUP/PD Condition #2). Parking: MCC 11-13 outlines the requirements for all off-street parking facilities (drive aisles, stalls, striping, etc.). The Applicant is proposing to construct (pave, stripe, etc.) parking for the gas/convenience/feed store in accordance with MCC. The revised site plan also proposes asphalt parking and drive aisles for the existing landscape nursery and sprinkler irrigation business. Staff is supportive of the proposed parking plan. Staff finds that the site is large enough to accommodate the proposed uses and all yards. open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development process. See Special Considerations below for further analysis. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see the findings in section "A" of the Annexation and Zoning portion of this report. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see the findings in section "E" of the Annexation and Zoning portion of this report. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staffis Please see the findings in sections "I" and "J" of the Annexation and Zoning portion of this report. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff is Please see the findings in section "G" of the Annexation and Zoning portion of this report. EXHIBIT "A" 15 OF 21 Mayor & City Council Page 16 F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see the findings in sections "G", "H" and "I" of the Annexation and Zoning portion of this report. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "I" and "J" of the Annexation and Zoning portion of this report. H. That the proposed use will have vehicular approaches to the property which shaU be so designed as not to create an interference with traffic on surrounding public streets; Please see the findings in section "J" of the Annexation and Zoning portion of this report. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may result in the destruction, loss or damage of a natural, scenic or historic feature of which staff is unaware. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. SPECIAL CONSIDERATIONS (CONDITIONAL USE/PD) Landscapin2: Street Buffers: Meridian City Code 12-13-10-4 requires a 20-foot landscape buffer adjacent to Victory Road and a 35-foot wide landscape buffer adjacent to SH 69. MCC 12-13-10-2 requires all buffer to be located beyond any street right-of-way. MCC 12-13-10-6 requires street buffers to contain trees, shrubs, lawn, or other vegetative groundcover, with a minimum density of one tree per 35 linear feet. NOTE: The revised landscape plan depicts a wider landscape buffer on Victory Road than does the revised site plan. The following comments regarding landscaping are based on the landscape plan prepared by Pinnacle Engineers, Inc., date 6-11-04, designed by AY. The site plan prepared by Cole & Poe Architects should be revised to reflect any applicable changes noted below (e.g. - landscape buffer width)(See Condition #7 below). EXHffiIT "A" 16 OF 21 Mayor & City Council Page 17 Victory Road: East of the westernmost driveway to Victory, the landscape plan shows a 20-foot wide landscape buffer (measured from the back of the proposed sidewalk)(exclusive of the existing home/office) adjacent to Victory Road. Fifteen of the proposed 20-foot wide landscape buffer lies within the right-of-way. Staff recommends that the Council grant the Applicant a modification of the requirement to construct the street buffer entirely outside of the right-of-way for the landscaping east of the westernmost driveway (Lot 4). As a condition of this modification, staffrecommends that the Applicant be required to enter into a license agreement with ACHD for landscaping (shrubs, grass. etc.) in the right-of-way. If a license agreement is not obtained from ACHD the Applicant should be required to construct a 20-foot wide landscape buffer bevond the existing right-of-way (See Preliminary/Final Plat Condition #8). Staff has concerns about the proposed landscaping west of the westernmost driveway on Victory Road. As the Applicant has stated in his letter dated June 24, 2004, ACHD is requiring a 46-foot street section for Victory Road and they will allow landscaping on the back side of sidewalk. However, to accommodate the signalization of Victory Road/SH 69 in the near-future, the street section on Victory will most likely widen near SH 69 to allow for turn lanes. Therefore, staff recommends that west of the westernmost driveway (Lot 3), the Applicant construct the required 20-foot wide landscape buffer on Victory Road entirely outside of the existing right-of-way (See Condition #4 below). This requirement will cause the Applicant to lose the southwestern most proposed parking stall. This requirement may also cause the Applicant to shift the gas station and feed store to the north. SH 69 (Kuna-Meridian Road): The revised landscape plan depicts a 35-foot wide landscape buffer from the west property line adjacent to SH 69 for the entire length of the site with one tree for every 3S-1ineal feet of frontage. Staff is supportive of this width if ITD does not require additional right-of-way for SH 69 with this application. If additional right-of-way is required, then a 35-foot wide landscape buffer should be provided outside of the required right-of-way (See Condition #4 below). Internal Landscaping: Meridian City 12-13-11 requires parking lots to be landscaped. The revised landscape plan does not propose any landscaping within the proposed vehicle use areas. A revised landscape plan should include: a 5-foot wide landscape strip along all interior lot lines that are adjacent to paved vehicular use areas (MCC 12-13-11-2), and landscape planters with trees, and vegetative ground cover (MCC 12-13-11-3)(See Condition #4 below). Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each PD. MCC 12-6 states that "other amenities appropriate to the size and uses of the proposed development, as may be proposed by the applicant and approved by the Commission and Council," can be approved. Sidewalk: The first proposed amenity is a meandering sidewalk adjacent to Kuna-Meridian Road, Staff believes that the proposed sidewalk amenity is appropriate to the size and uses of the proposed development. EXHmIT "An 17 OF 21 Mayor & City Council Page 18 Pond: There is an existing pond on the proposed Lot 4. The Applicant is proposing this pond as an amenity for the PD. Staff is supportive of utilizing the pond as an amenity for this development. However, th~ Applicant is not proposing to set aside the pond in a common lot. If the pond is not accessible to all of the lots, staff does not believe that the proposed amenity meets the intent of MCC for planned developments. Staff is supportive of the proposed amenities as long as the pond is preserved in a common lot for all of the lots in the subdivision to utilize (See Preliminary/Final Plat Condition #7 and CUP/PD Condition #2). Access to SH 69: At the hearing on June 8, 2004, the City Council discussed allowing the Applicant a maximum of one driveway to SH 69. The revised site plan indicates the use of the northernmost access to SH 69 (at the north propertv line) as well as a new full-access driveway located approximately 400-feet north of Victory Road. The Applicant has shown drive aisles adjacent to SH 69 with cross access for all of the lots to use all driveways within the subdivision. This drive aisle, when extended north across Lot 1, will serve as a frontage road to SH 69. The Applicant has not depicted the conceptual continuation of the frontage/back-age road across the entire frontage of the subdivision with the subject applications. The Applicant requests that they be allowed to use the northernmost access, in addition to the new access located 400-feet north of Victory Road, until Lot 1 (current rock business) redevelops. Staff believes that it may be several years before Lot 1 redevelops, and staff is unaware of any mechanism the City has that would enable us to enforce the "temporary" nature of the northern access as proposed by the Applicant if Lot 1 does not develop for several years. Therefore, staff continues to support ITD in its request for help from the City to limit access points to Type IV roadways and recommends that no access be allowed to SH 69. However, if the City Council decides to allow access to SH 69 (contingent upon ITD granting access) then staff recommends that the Applicant be able to utilize the northernmost access only. Further, staff believes that this northern access should be restricted to right-in/right-out movements only. This recommendation will allow the access to the highway at the furthest possible location from a signalized intersection, while preventing vehicles from turning across multiple lanes of traffic with a 55 MPH speed limit. See Preliminary/Final Plat Condition #3 and CUP/PD Condition #3 below. NOTE: The conditions as written do not restrict the driveway (singular) on SH 69 to right- in/right-out nor do they specifY location. This was done intentionally to allow the Council to discuss and modify the conditions as they see fit. Staff was unable to decipher from the minutes of June 8th, what the consensus of the Council was regarding access to SH 69. Hours of Operation: In the Applicant's letter, they do not address the hours of operation for the proposed gas station/convenience/feed store. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish some guidelines to mitigate the potential detrimental aspects ofthe proposed use, the existing uses, and all future uses on-site, the Applicant should clarify during the public hearing the hours of operation, hours of fuel delivery, any potential for refrigerated truck operation, and anticipated decibel levels generated at the site. Further, staff recommends that the EXHmIT "A" 18 OF 21 Mayor & City Council Page 19 City Council specify acceptable hours for the proposed gas station/convenience/feed store in any motion for approval of the proposed CUP/PD. Setbacks: The existing home/office on Lot 4, Block 1, is approximately 3-feet from the existing south property line/right-of-way for Victory Road. Because this building currently exists, it should be allowed to encroach into the required setback for the C-G zone. All future structures within the proposed development shall conform to the applicable setbacks of the City of Meridian (See Preliminary/Final Plat Condition #22 and CUPIPD Condition #5). Parkin2;: MCC 11-13 outlines the requirements for all off-street parking facilities (drive aisles, stalls, striping, etc.). New Uses: The Applicant is proposing to construct (pave, stripe, etc.) parking for the gas/convenience/feed store in accordance with MCC (See Condition #6 below). Existing Uses: The revised site plan also proposes asphalt parking and drive aisles for the existing landscape nursery and sprinkler irrigation business. Staff is supportive of paving a drive aisle and the parking area for the existing nursery and sprinkler irrigation business as proposed. CONDITIONAL USE/PD CONDITIONS 1. All conditions of the accompanying Annexation/Rezone application and Preliminary/Final Plat application shall also be considered conditions of the Conditional Use/PD application. 2. As amenities for the PD, construct a 5-foot wide detached sidewalk adjacent to SH 69 (approximately 1,200 linear feet) and utilize the existing pond on the proposed Lot 4. 3. Construct a maximum of one access to SH 69, if access is approved by ITD. If access is not approved to SH 69 by ITD, then access shall be taken from Victory Road only. Depending on the final decision by ITD, place a note on the face of the final plat stating that either: 1) Other than the single access point approved by ITD, direct lot access to KUlla-Meridian Road (SH 69) is prohibited, OR 2) Access to Kuna-Meridian Road (SH 69) is prohibited, unless otherwise approved by ITD and the City of Meridian. 4. The submitted landscape plan, prepared by Pinnacle Engineers, Inc., and dated 6-11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance (ClC) permit, the Applicant shall submit a revised landscape plan with the following changes/additions/notes: · Provide a 20-foot wide landscape buffer along Victory Road, west of the westernmost driveway, Located entirely outside of the existing right-of-way. · Provide a 3S-foot wide landscape buffer along SH 69 for the entire length of the site (approximately 1,200 linear feet). Said landscape buffer shall be located outside of any right-of-way required by ITD with this application. · Conifer trees are not allowed within any required street buffer area. · Provide a minimum 5-foot wide landscape strip along all interior lot lines that are adjacent to paved vehicular use areas. EXHffiIT "A" 19 OF 21 Mayor & City Council Page 20 · Provide landscape planters with trees, and vegetative groundcover within the proposed parking areas on Lots 2 and 3. · Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 5. Except for the existing buildings on the proposed Lot 4, Block 1, and unless otherwise approved with a future CUP, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 6. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, provide asphalt parking and drive aisles as shown on the site plan prepared by Cole & Poe Architects, Sheet AO.l, dated June 29, 2004. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside per the Fire Department (radii modification required near the northwest comer of the existing house and on the easternmost driveway from Victory Road). The fire lanes shall have a clear driving surface, available at all times, which is 20' wide (width modification required near the southeast comer of the proposed feed store). 7. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, submit a revised site plan depicting street buffer widths and internal landscaping as required by the City Council. OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS (AZ-03-038. PFP-03-007. CUP-03-071) 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. a. b. c. d. e. f. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. 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'. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. (Radii modification required near the northwest corner of the existing house and on the easternmost driveway from Victory Road). 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. EXHffiIT "A" 20 OF 21 ( Mayor & City Council Page 21 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast corner of the proposed feed store). 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 1I-12-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 1I-12-3.C, and the National Safety Foundation publications. 13. All buildings must be sprinklered. SANITARY SERVICE CO. CONDITIONS (PFP-03-007. CUP-03-071) 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. RECOMMENDATION Staff recommends approval of the submitted Annexation/Zoning (AZ-03-038) application, Preliminary/Final Plat (PFP-03-007) application, and Conditional Use/PD (CUP-03-071) application with the conditions listed herein. EXHffiIT '~A" 21 OF 21 July 16, 2004 MERIDIAN CITY COUNCIL MEETING July 20, 2004 APPLICANT Larkspur, LLC / Ron Sargent ITEM NO. RZ 04-005 lD-E REQUEST Order Accepting Withdrawl of Application - Request for a Rezone of 9.47 acres from R-4 to R-8 zones for proposed Larkspur Subdivision - 2190 and 2240 South Meridian 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 Order A\R-tJ/~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. JUL 'j 6 2004 City Of MeridiaT) City CIerI:;: Officp WHITE PETERSON ATTORNEYS AT LAW KEVINE. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. CIGRAY, III T. GUY HALLAM" JI LL 5. HOLlNKA JOHN R. KORMANIK · WILlIAM A. MORROW WILLIAM F. NICHOLS" WHITE PETERSON, P.A. CANYON P ARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NANIPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE- · Also admitted in CA .. Also admitted in OR - Also admitted in W A July 15, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Larkspur, LLC/Ron Sargent I Larkspur Subdivision / Orders Accepting Withdrawal of Application for Rezone (RZ-04-00S), Preliminary Plat (PP-04-011), and Conditional Use Permit (CUP-04-01ly Dear Will: Regarding the above referenced matters, please find enclosed the originals of the ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR REZONE, PRELIMINARY PLAT and CONDITIONAL USE PERMIT for approval and signature by the Mayor and yourself. Please serve copies of the ORDERS upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols z:\ Work\M\Meridian\Meridian 15J60M\Larkspur Sub RZ-04-005 PP-04-0 II CUP-Q4-0 I I Withdrawal Orders\Clerk Withdmwal Ltr RZ PP CUP 07 15 04.doc / \ BEFORE THE MERIDIAN CITY COUNCIL C/C 07/06/04 IN THE MATTER OF THE ) APPLICATION OF LARKSPUR, ) LLC/RON SARGENT FOR REZONE ) OF 9.47 ACRES FOR LARKSPUR ) SUBDIVISION, LOCATED AT 2190 ) AND 2240 SOUTH MERIDIAN ) ROAD, MERIDIAN, IDAHO ) ) CASE NO. RZ-04-00S ORDER ACCEPTING WITHDRA W AL OF APPLICATION FOR REZONE The applicant having withdrawn the Application for Rezone for Larkspur Subdivision, during the hearing held in front of the City Council on July 6, 2004, the withdrawal is hereby accepted and the matter is dismissed. The applicant may submit a new application. By action of the City Council at its regular meeting held on the ~-\h day of \.1I11-\j , 2004. Attest: J K\ By: bJ\ (] 1\ ~ 0 f\('\ ClfY Clerk's Office Dated: 1 - Z1 _Qa Z:\Work\M\Meridian\Meridian15360M\LarkspurSub RZ.04-005 PP-04-011 CUP-04-01 I Withdrawal Orders\OrderAcceptingWithdrawal RZ.doc ORDER ACCEPTING WITHDRAWAL OF REZONE FOR LARKSPUR SUBDNISION - RZ-04-005 Page ] of 1 July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Larkspur, LLC / Ron Sargent PP 04-011 July 20,2004 ITEM NO. UJ-F REQUEST Order Accepting Withdrawl - Request for Preliminary Plat approval of 42 single-family residential building lots & four common lots on 9.47 acres in proposed R-B zone for Larkspur Subdivisi( 2190 and 2240 South Meridian 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 Order Arr'fO" -( Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. JUL 1 6 2004 City Of MeriiliaIl City Clerk OffiCF WHITE PETERSON ATTORNEYS AT LAW KEVIN E. DINLUS JULIE KLELN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAV, III T. Guv HALLAM *" JILLS. HOLlNKA JOHNR. KORMANLK* WILLIAM A. MORROIV WILLlAMF. NLCHOlS*" WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. NVE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE *** * Also admitted in CA *" Also admitted in OR Also admitted in W A July 15, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Larkspur, LLC/Ron Sargent / Larkspur Subdivision / Orders Accepting Withdrawal of Application for Rezone (RZ-04-005), Preliminary Plat (pP-04-011), and Conditional Use Permit (CUP-04-011) ,- Dear Will: Regarding the above referenced matters, please find enclosed the originals of the ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR REZONE, PRELIMINARY PLAT and CONDITIONAL USE PERMIT for approval and signature by the Mayor and yourself. Please serve copies of the ORDERS upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols Z:\ Work\M\Meridian\Meridian J 5360MlLarkspur Sub RZ-04-005 PP-04-0 II CUP-04-0 II Withdrnwal Orders\Clerk Withdrawalltl' RZ PP CUP 07 15 04.d~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LARKSPUR, LLC/RON SARGENT FOR PRELIMINARY PLAT APPROVAL OF 42 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND FOUR COMMON LOTS ON 9.47 ACRES FOR LARKSPUR SUBDIVISION, LOCATED AT 2190 AND 2240 SOUTH MERIDIAN ROAD, MERIDIAN, IDAHO C/C 07/06/04 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. PP-04-011 ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR PRELIMINARY PLAT The applicant having withdrawn the Application for Preliminary Plat for Larkspur Subdivision, during the hearing held in front of the City Council on July 6, 2004, the withdrawal is hereby accepted and the matter is dismissed. The applicant may submit a new application. By action of the City Council at its regular meeting held on the dOth ~1\\~) ,2004. day of ~ \IIIIlIlIIJII/1111/ Mayor, City of Meridian \\\ .-: Itt"-,,, III ,\\ _lor l'>h::r1j,^".. III ,,\ ,( ~ . cj~ l' /.... .;::. -., -~_ <-<'l> .;;. ~'" (j" O.,WOR47;>"t' ~ ::: ~O <0 -;:. 2 ~ S - - Attest: SEAL 7~ & 2; -;. Qu "Ql ,0 ~ ~ "'1..... '&/15\ . '<,....~ ......v.A ~ ~ ......" '10 ~ ,0;:..... "'//" OUNT'l. \\\\ 'I{. \\\\ 1i;;r'liJ 11\1\\ ORDER ACCEPTING WITHDRAWAL OF PRELIMINARY PLAT FOR LARKSPUR SUBDNISION - PP-04-011 Page 1 of2 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: '-. k AM~ fr::l City Clerk's Office Dated: ~ - 21--04 Z:\Work\M\Meridian\Metidiall I 5360MlLarkspur Sub RZ-04-00S PP-04-011 CUP.04-0 II Withdrawal Orders\OrderAcceptillgWithdrawal PP.doc ORDER ACCEPTING WITHDRAWAL OF PRELIMINARY PLAT FOR LARKSPUR SUBDIVISION - PP-04-011 Page 2 of2 July 16,2004 MERIDIAN CITY COUNCIL MEETING July 20, 2004 APPLICANT Larkspur, LLC / Ron Sargent ITEM NO. CUP 04-011 lD-C, REQUEST Order Accepting Withdrawl - Request for a Conditional Use Permit for a PD for proposed Larkspur Subdivision with request for reduction to the min requirements for lot size, street frontage, and front and street side yard setbacks - 2190 and 2240 South Meridian 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 !RRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Order AWOV~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. JUL 1 6 2004 City Of Meridian City Clerk Office WHITE PETERSON ATTORNEYS AT LAW KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAV, [II T. GUY HALLAM.... JILL S. HOLlNKA JOHN R. KORMANIK * WILLIAM A. MORROW WILLlAMF. NICHOLS"" WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO Cm.rrER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. NVE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE *** . Also admitted in CA ... Also admitted in OR *** Also admitted in W A July 15, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Larkspur, LLC/Ron Sargent I Larkspur Subdivision I Orders Accepting Withdrawal of Application for Rezone (RZ-04-005), Preliminary Plat (PP-04-011), and Conditional Use Permit (CUP-04-0~)) ~ Dear Will: Regarding the above referenced matters, please find enclosed the originals of the ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR REZONE, PRELIMINARY PLAT and CONDITIONAL USE PERMIT for approval and signature by the Mayor and yourself. Please serve copies of the ORDERS upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols z:\ Work\M\Mclidian\Melidian I 5360M\L.arkspur Sub RZ-04-005 PP-04-0 II CUP-04-O [ I Withdrawal Orders\Clerk Withdmwal Ltr RZ PP CUP 07 15 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 07/06/04 IN THE MATTER OF THE ) APPLICA TION OF LARKSPUR, ) LLC/RON SARGENT FOR ) CONDITIONAL USE PERMIT FOR ) A PLANNED DEVELOPMENT FOR ) PROPOSED LARKSPUR ) SUBDIVISION WITH REQUEST ) FOR REDUCTION TO THE ) MINIMUM REQUIREMENTS FOR ) LOT SIZE, STREET FRONTAGE, ) AND FRONT AND STREET SIDE ) YARD SETBACKS, LOCATED AT ) 2190 AND 2240 SOUTH MERIDIAN ) ROAD, MERIDIAN, IDAHO ) ) CASE NO. CUP-04-011 ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR PRELIMINARY PLAT The applicant having withdrawn the Application for Conditional Use Permit for Larkspur Subdivision, during the hearing held in front of the City Council on July 6,2004, the withdrawal is hereby accepted and the matter is dismissed. The applicant may submit a new application. By action of the City Council at its regular meeting held on the .;;;:)011- day of .lLll \_~ , 2004. By: Tammy d Mayor, C Attest: ORDER ACCEPTING WITHDRAWAL OF CONDITIONAL USE PERMIT FOR LARKSPUR SUBDIVISION - CUP-04-011 Page 1 of2 J By:~ .~ () _~ Q9 rY\ City Clerk's Office Dated: '1-- 21- -04 Z:\Work\M\Meridian\Meridian I 5360!\1\Larkspur Sub RZ-04-005 PP-04-O [ 1 CUP-04-O [1 WithdrawalOrders\OrderAcceplingWithdrawal CUP,doc ORDER ACCEPTING WITHDRAWAL OF CONDITIONAL USE PERMIT FOR LARKSPUR SUBDIVISION - CUP-04-0 11 Page 2 of2 July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20, 2004 lo~H ITEM NO. REQUEST Streetlight Agreement for Champion Park No.2 by Hillview Development 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 /WI Of-f Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RE lVE JUL 1 3 2004 Memo City Of Meridian City Clerk. Office To: Mayor de Weerd & City Council From: Karie Glenn CC: File Date: 7/1212004 Re: Proposed Agenda Items for July 20 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the July 20 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetliaht Aareement for Champion Park #2 bv Hillview Development Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Champion Park #2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Hillview Development Corporation pertaining to the street lights in Champion Park Subdivision No.2, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Hillview Development Corporation has provided one (1) street light pole, concrete pole base, fixtures, bulb, and components to the residential development lrnown as Champion Park Subdivision No.2 in Meridian, Idaho. The parties aclrnowledge that the one (1) street light pole and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Hillview Development Corporation, or its assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Hillview Development Corporation, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballasts, do burn out and that the City will allow reasonable time to replace"them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the one (1) street light located in Champion Park Subdivision No.2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballasts or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photoelectric device of the "fail off" type. 5. It is understood and agreed that Hillview Development Corporation will assign its rights and obligations hereunder to the Champion Park Subdivision Homeowners' Association when said Homeovrners Association is formed and operational. CHAMPION PARK SUB. NO.2 STREET LIGHT AGREEMENT Page 1 of3 This AGREEMENT shall be binding on Hillview Development Corporation, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of ,2004. CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., City Clerk Approved by Council on: Hillview Development Corporation, an Idaho Corporation authorized to do business in the State of Idaho fr- Jim Merkle, President'Director ATTEST: ~~~ Don Hutt, Secretary/Director CHAMPION PARK SUB. NO.2 STREET LIGHT AGREEMENT Page 2 of3 STATE OF IDAHO,) ss. County of Ada, ) On this _ day of ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TA1vfMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF J\AERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS \VHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COI\i1MISSION EXPIRES STATE OF IDAHO,) ss. County of Ada, ) ~ On this l V l' day of ' 2004, before me, the undersigned, a Notary Public in and for said State, personall ap ed JIM J\AERKLE and DON HUTT, known to me to be Directors and the President an S retary, respectively, of HILL VIEW DEVELOPMENT CORPORATION, and who exec a the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ,-..!DtiUEaE:o ....'" "f ~<Ji!~<~ ..," CC.(".~~, ,t,,.. <1:. .. ~~, ~ ~.. .0.. ~ ~11'1>"'''&\l~ C' A .... .:; r~Y aiJ .lO ~~ .. ~ :y.~ .... "7 ':;. S ~.. ):\OT A.i? ~~ ':..,.t.. :. =: r:: = : ......... . .... . , : : \ ~ PUBL"C l i ~ <P. .0 .-.. '" '.?> .0 .. 0 ~- 0:."" "11> .11....... ~'* ~..... #""" lJ 0 F \\) ............. "........"" CHAMPION PARK SUB. NO.2 STREET LIGHT AGREEMENT Page 3 of3 July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20,2004 LD-I ITEM NO. REQUEST Water and Sewer Easement for Lynnwood Plaza by Crestline Development 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 f\:~V( ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. JUL 1 3 2004 Memo City Of Meridian City Clerk Office To: Mayor de Weerd & City Council From: Karie Glenn CC: File Date: 7/1312004 Re: Proposed Agenda Items for July 20, 2004 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the July 20, 2004 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water and Sewer Easement for Lvnnwood Plaza bv Crestline Development. Typical Water and Sewer Easement Recommended Council Action: Approve the Water and Sewer Easement for Lynnwood Plaza by Crestline Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANITARY SEWER AND WATER MAIN EASEMENT . . t~~'l::,\\\\J\'t- ~\), THIS INDENTURE, made this ~ day of ~i~;f. 20df--between \ ~ C: ,: D, . the parties of the first part, and hereinafter call~ Grantors, and the City of Meridian, Ada unty, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in cop.sideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or perfornllng other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.SW.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. . THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ~~ Secretary STATE OF IDAHO ) ) ss County of Ada ) On this ~ day of ~J... \.-\ , 2CJ:)L-, ~efore me, the undersigned a Notary Public in and for said State, persom~lly appeared '--j.,\.~ ~ CA (I......sJ$ C3 and , known or identifieR to me to be President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set y hand and affixed my official seal the day and year fist above written. Sanitary Sewer and Water Main Easement EASMT.SW.doc GRANTEE: CITY OF Iv.lERIDIAN , Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRJE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: ~~J u I . 1 2. 20 0 4- 3: 28 P M-E N GIN E E R ! N G N W ~ ~ -~ ~ ... TI1 ~ .. == ~ ~ ~ t:.:I ~~~ S: I:'r.l o ~ ~= ~ fo... ~ @~~ :r lU x lU w~ -a ~~ ~ ~ ~ .. =- = = = ~ ~ ~ .. "I~ 1"11' f" 1"1?,!? ~!f t'J ':~51.~P;.,_::J~~ c::._ ~ ....1... .::iff ~ ;;;1 Elf fiE m ~ ~1~rfJ m ~ ~ ~~;;g~g~:::~g~gp;;:2g ~ 9I5rn~~~1ti ~~~ ;!~~~ w z ::; ~:i~::J~~~~5~35g3 No. 9426-P. 4/4 ~ ~ U a 0 5 ., " "' "' z 0;" z" 0; ..", 0:", ~ z~ ts~ 0" :s ~c: !.:!:i "" <:,u ,"-u '" "'u "'0 '" x" x" : '" l-..5 to '"" ~J " ,," ~.. ~ "i >-= 0-= " "'- ~;;' ... .." -,I ! R -' 0. 0- .z ~ 6:" r: z ,. " " g; .. ~ @ ., '" ~ a => ~ o '" ... u 013 C0 @ ~ OVO~ mONIl -N '" -ON NOISIAJOSf1S SVi~v,/ )IOO;,!8ANNflS .\::L'gor M.'l>l.L1.00S -.1 r - - -sY,,a - - - - - - - - - - - TI ~I I I gJI~ I 1 '" I I ! I.) 1::11 i I I ! I ci Z ~ ~h~-<: ~.t./;{..i}~ '.('''l<^ if III l 1 ~:x..,,- '. .~L-oL ~r", ~~.,pS' '--------_--::1 I {'~ 1oI..GtJI:LOS I ..... ....'S'.j,-g '- ..Sl.liJON - i ~ . ~ ctl sl&Jj ~i;: _ k \!:lI ~ ~l~ ~I it I f I 111 1 ~ ..,-:Y'T:;l -s1-'.o- +1:> ..J' .. ~. .'6-~'o L .se-ZG '3.-- ~ .~ 11 ~~ . - --- - -..... - -.../ ~, '<'", M.GZ,<l:tPs ,"'Xi 1-;;'" ~ r;? .--s,2J iC\N - - ~J ; 3'.62:, !Z.10~ ...JL 3_i~~f.~~ON "~~ It. ",I:] i;;;::; I~~ ~~ ~N ~~~ I~ '" ,ooot ~ _;:) ~..6Z.1 .toNZ ~g ~'" >--~~ ~~~ ~~:l on,..., z o 1/1 > o '" :::J III uJ U <{ -' Il. z -' > uJ o I ! I 1 1....1 ; ;1 I : I I If - -- ,LO.St " 3:;Z:t~CDN .OO'5BZ 3.tZ,n.OON l 'ON NOISIAIOSns lS<JnSNnS aVO<J 311)'; N3l 'N I~ I J I I I I I ! 1 ~I 1" p; '" m N v) ,(I) ~IS: III tri N vi vi I I ,I :1 1 I 1 :~ w IZ f~ :r IU (;) 2.. -T ~~ W'" co:; ,,-'~ or> .. ",I" -'" tn"' <(on CD 311 'I 3AO:l N3AVH '1'1 -" ~ ~ o ~ :; <; Jul,12. 2004 3:28PM ENGINEERING NW Engineering N6f uI West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 No.9426 p. 2/4 (208) 376-5000 ~ Fax (208) 376.5556 Project No. 02-061-01 Date: July 25, 2003 LYN\VOODPLAZA SEWER AND WATER EASEMENT DESCRIPTION (REVISED) An easement located in the SE 1/4 of the SW 1/4 of Section 2, T. 3 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: - Commencing at the section comer common to Sections 2, 3, 10 and 11 of said T. 3 N., R.1W.; Thence South 88038'31" East, 1326.75 feet on the section line common to said Sections 2 and 11 to the southwest comer of the SE 1/4 ofthe SW 1/4 of said Section 2; Thence leaving said section line, North 00011'24" East, 45.01 feet on the westerly boundary line of the SE 1/4 of the SW l/4 of said Section 2 to a point on the southerly right-of-way Ene of West Cheny Lane; Thence South 88038'31" East, 154.04 feet on said right-of-way line to the REAL POINT OF BEGINNING; Thence leaving said right-of-way line, North 01021 '29" East, 6.34 feet; Thence North 43038'31" West, 39.22 feet; ThenceNor1h 01021 '29" East, 74.48 feet; Thence North 88038'31" West, 5.00 feet;' Thence North ~1 "21 '29" East, 26.70 feet; Thence,North 88038'31" West, 37.73 feet; Thence North 01021 '29" East, 20.00 feet; Thence South 88038 '30" East, 23.31 feet; Thence North 01021 '29" East, 22.85 feet; Thence South 88038'31" East, 20.00 feet; Thence South 01621 '29" West, 22.85 feet; Thence South 88038'31" East, 5.59 feet; Lynwood Plaza Sewer and Water EasemenLdoc Page I of2 Jul,12, 2004 3:28PM ENGINEERING NW No,S426 p. 3/4 Thence North 46021 '29" East, 36.20 feet; Thence South 88038'31" East, 97.62 feet; Thence North 01021 '29" East, 84.57 feet; Thence North 46053' 11" East, 56.01 feet; Thence South 89042'36" East, 29.11 feet; Thence South 46053' 11" West, 68.77 feet; Thence South 01021 '29" West, 70.18 feet; Thence South 88038 '31" East, 10.00 feet; Thence South 01021 '29" West, 21.24 feet; Thence South 88038'31" East, 14.99 feet; Thence South 01021 '29" West, 30.36 feet; Thence North 88038'31" West, 154.38 feet; Thence South 01021 '29" West, 92.89 feet; Thence South 43038'31" East, 39.22 feet; Thence South 00021 '30" West, 14.63 feet; Thence North 88038'32" West, 20.00 feet to the real point of beginning; - PREPARED BY; Engineering NorthWest, LLC James R. Washburn, PLS Lvnwood Plro:a Sewer and Wa1er F.;l"""'e:nulo~ Pa"" , "f2 July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20, 2004 ITEM NO. l>> -.J REQUEST Overland Road Rebuild Water Line Reimbursement 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 fOV{ j\~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RR A~L -r;;.J +ol'-.~ JUL 1 5 2004 City Of Meridia.l1 City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 7/15/04 Re: July 20 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following item be placed on the July 20 City Council agenda, on the Consent Agenda, for Council's consideration: Overland Road Rebuild Water Line Reimbursement. This request is for reimbursement to The Sundance Company for their contractor relocating approximately 800 feet of 12-inch water main installed several years ago in front of the first Silverstone project. ACHD has redesigned this portion of Overland Road to include a nearly 3-foot lowering of the road which provides inadequate cover over the existing water line. Additionally, ACHD designed large drainage facilities that now conflict with the existing water line. Copies of documentation provided by The Sundance Company are enclosed. The total estimated cost is $76,162.58 which includes hard construction costs, "general conditions", project management and a 10% contingency. Reimbursement will be made on a unit cost basis (Le. payment made on actual field measurements of quantities installed). The unit prices for the hard construction costs proposed are comparable to those we are paying on the Franklin Road rebuild project. There will be a second component to this request coming to you in the next week or two. That request will involve the cost to remove the "old" water main at ACHD's request. Recommended Council Action: Approve the reimbursement to The Sundance Company, upon final completion of the subject project, and authorize the Public Works Director to issue a purchase order at that time. Thank you for your consideration. j!J . Page 1 07/12/2004 13:32 FAX 208 322 7307 THE SUNDANCE COMPANY @OOI Your "Building Site 10 Key" Source , . ... ,.., '1 I" . . "'''I:!''''''I'''I''''I')'' "",,,.. J" ..."... .. , . I ' .p.".. 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"",,'''., .,,,, !', i!i ::::i :1:i :;:/ i ':;'i.~ i ').;;: f,! i: ;'i:: :: :[:i.:~ [: ':;::, !:~:!i:i:';!:f~~:;i:~~.1;;i!ii:.li;J 'ii ~i[:~' j:ii,'i~ ~!:!i]";;i[,t:i :iiili~ :f:i:ii~[i::!!~i~Jliii]!i!ft~!i:'i~i!r:1Jij'tli[i ;~i;Ji;!iii.r:2~!~t€j!i~j!!i'fi:[~!Jt.~i!i~~;i!t:t~iii!::~.:!;r~fi]!~:riiri~ii~:i!jiiijr!i!~i!i!i;~fr!:::~;:!i~:~iii:1[;i~~i!:i.1Jij , ,........" .."..", ".... """"'9.Ul>i1I ,'tT'~::01:1'.:!.'l,"" ""'", ""'~' p, D~~!',TT7:I''''''0:7'j71 .,..~ '''''....(:. . ~,-:ir.'i<"i,,"70OO., !, -C"("OO\'f'l'YJ' :.7Jf:i(7' "",,_,'," n. ' ,',' "".." j: I:: u:":::: ":.;.;: :.: ':.~ "l~ : ';';.';' ...L\;A.!J,:::.V.Y~,!E?Ja.l /~~,:.::~:u;...~:::::dJ:~i' ,~,,::~::':',(; 1 ~,;!)~r:.Q~::::':;::,'~:*::..!.:..L.1J0j~ZL..-~(I.:::ro,f.,::,: ::., :",";,::,:~::,::<:,>:,:; To: Brad Watson Fax: 208. fax 887-1297 City ofMendian Public Works Depal1monr From: Chris Anderson Date: 7/12/04 Relocation of Water Line, Re: Overland Road Pages: !. including cover sheet i I I ( I I I I I I r ! ) I I I j I I o Urgent o For Review o Please Comment o Please Reply o Please Recycle Brad: The following is a breakdown supporting the attached pricing from Masco, Inc.: Total ClJafges General ConditiollS: Petra Contractual Management Fee Contingency* TOTAL: $58,586.60 $ 8,787,99 1$"'0 $ 2,929.33 5?D $ 5,858.66 (O~O $76,162.58 * Contingency will only be used in the event of unforeseen changes and/or inconsistencies in the plans. (Any unused portion of contingency will be credited back.) {2~.U~ Chris Anderson JI';\jj,; ~~~l"!:~!~!11!!~!il~!!1111Iri;ll!r{llll11iliji!~!j1Ii!i:jljJ!!II!! " . " . . . . . . . . . . . . . . . . . . . . JUL 12 '04 13;52 208 ::I?? 7::1Vl7 par:;>:, (;;1 UIllLILUUq lJ:JZ ~AA zua JZZ lJUl JUN-fO-2004 WED 10:55 AM G3 I , THE SUNDANCE COMP~~ FAX NO. 20t' ~B199 l4J002 p, 01/03 ,~-' 9~ EXc.avatfng & pa""Og Contractor Pipeline Specia/isrs Since 1977 5450 W. Gowen Road" Boise, Idaho 83709 · Phone: (208) 362-6152 .. Fax: (20B) 362-5199 I 1une 3D, 2004 I f erry Frank etra, Ino. 9056 W. Blackeag1e oise, ID 83709 Re: Silverstono Business Ca.mpus Subject: City of Meridian Sewer and Water Main Relocation Dear Jerry; , r On June 9, Masco received approved plans for the water main relocation and sewer stubs on Overland Road. These improvements Wete shown on previous plans as "'by others". Masco is offering the following pricing to perform this work. I Off-Site Sewer i A 4" service has been added at existing manhole Sta. 162+54. An 8" sewer stub and manhole was added at Sta. 169+64. Tho pr\cing asswnes that the channel in existing MH kO works for the '8" stub angle. Add Core Drill & Channel Manhole Add 41' Sewer SeJrVice at Manhole Add 60u Sewer Manhole 21' Deep Add 8" Sewer Stub I Plug 2 EA @ $412.00 1 EA @ $2,050.00 1 EA @ $5,300.00 100 LF @ $95.25 Sub-Total $824.00 2,050.00 5,300,00 9,525.00 $17,699.00 j O:\Silv<!r.;lone Roods. #24039\Lorr~pondcnce.\Meridi3n Cily Swr&WLr M'Rin PnclnS.doc I I JUL 12 '134 13:52 2138 322 73137 PAGF.VI;J UI/Ll/lUU4 lJ:Jl rAA ZU~ azz JJUJ JUij-rO-2D04 WED 10:56 AM G3 THE SUNDANCE CmIPANY FAX NO, 20f~~~6199 ff-Sire Water [gJ003 P. 02/03 he existing 12" main is to be relocated to the north between Sta. 162+80 and Sta. 169+90. A 10" main stub was added to the north at Sta. 169+55. The hydrant at Sta. 168+25 is to be elocated. A 2" service with meter setter was added at Sta. 163+20. The pricing assumes that the mal connections to the existing mains and hydrants will be done during offhours after 6:00 pm and no temporary bypasses will be needed. 1 Add 12" Water Main Add 10" Water Main Add 8~' Wator Main Add 6" Water Main Add 12 x 10 FLG Tee Add 12" Cap (abandonment) Add 12" Retainers - Uniflange Add 12;) MJ:xFLG 450 Bend Add 12" MJ 450 Bend Add 12x8 MJxFLG Tee Add 12x6 MJxFLGTee Add 12" Connect to Existing Add 12'~ MJxFLG Tee Add 12" MJxFLG Adapter Add 12x6 Hot Tap Add Relocate Fire Hydrant Add Remove/Salvage Fittings Add'S" Connect to Ex.isting Add 8"' MJ 450 Bend Add 8" Retainers - Uniflange Add 6" Coon'eot to Existing Add 6'1 M1 450 Bend Add 6" Cap (abandonment) Add 6u Blind Flange Add 2" Service off 12>> Main Add 2" Blowoff Add 12" Gate Valve FLGxMJ Add 10" Gate Valve FLGxMJ Add 8" Gate Valve FLGxMJ Add 6" Gate Valvo FLGxMJ Add Thrust Blocks 720 LF @ $22,60 35 LF @ $17.00 18 LF @ $12,60 18 LF @ $11.00 1 EA @ $915.00 6 EA @ $160,00 10 EA @ $35.00 1 EA @ $378.00 3 EA @ $330.00 1 EA @ $555.00 1 EA @ $536.00 1 EA @ $775.00 1 EA @ $616,00 1 EA @ $155,00 1 EA @ $2,140.00 1 EA @ $1,604,00 9 EA @ $132.20 1 EA @ $696.00 2 EA @ $222.00 4 EA @ $33.00 1 EA @ $643.00 2 EA @ $188,00 2 EA @ $136.00 1 EA @ $48.00 1 EA @ $1,680.00 1 EA @ $1,067.00 3EA @ $1.231.00 1 EA @ $976.00 1 EA @ $629.00 1 EA @ $426.00 27 EA @ $50.00 SllbwTotal I ,\SiI,~,,~ R~d, - '24""C.~'p..d'~oIM,"",. C;<y "",.ow. Mo', ""..d~ JUL 12 '04 13: 52 208 322 7307 $6,272.00 595.00 226.80 198.00 915.00 960.00 350.00 378.00 990.00 555,00 536.00 775.00 616.00 155.00 2,140.00 1,604.00 1,189.&0 696.00 444.00 132.00 643.00 376.00 272.00 48.00 1)680.00 1,067.00 3,693,00 976.00 629.00 426.00 1,350,00 $40,887.60 1 PAGE. 03 1JI/.1l:/l:IJU,* .1.):.);: rAA. lUtl Jll "'JU-t ~U~-fD-2004 WED 10:56 AM G3 THE SUNDANCE COMPANY FAX NO, 20r'"'26199 ( sumrnaty of the changes is as follows: Off-Site Sewer Off-Site Water I J I ~lease review this pricing and let me know as soon as possible to order material. ~ contact me. I I fincerelY) ~~ /2(.. Patrick R. Wood /Project Manager JpRW: krn Total Changes Cc: Chris Anderson, The Sundance Company (fax 322-7307) J.e, Murray, Petra (fax 323-4507) I I , j I I I ! O:\Silv~IOllO fl,.Dnd.!;. #240)9\ColT~PQndence\Mcridlan Clly Swr&Wu- Mllilll'rlcJns:.doc JUL 12 '04 13:52 208 322 7307 I4J 004 P. 03/03 $17,699.00 HQ,887.60 $58.58.6...6J!. Please feel free 3 PAGE. 04 July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20,2004 ITEM NO. (0- K REQUEST Well 25 Pumping Facilities Contract - Irminger Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached 6Jv ~ Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridJan. .~~ R:~ : ~1 ,I .. ""{1",B.,_;~ ":~ 71[' -~ ~4'j" ~,! '~1.' .U _ II u m JUL 1 5 200~ City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady/tJ'// cc: Gary Smith Date: 7/15/2004 Re: Proposed Agenda a Items for July 20,2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the July 20 City Council consent agenda: ~ Well 25 Pumpinq Facilities Contract - Irminqer Construction Two bids were received for this project as summarized below: · Irminger Construction $251,514.00 . Star Construction $278,318.00 Inninger has successfully built several of our pump houses. The bid tabulation is attached for reference. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Well 25 Pumping Facilities for $251,514 with Irminger Construction, Inc. and authorize the Mayor to sign it. Well 26 Test Well Chanqe Order #1 (Final) - Adamson Drilling. Attached is a change order for drilling of an additional test hole at the Well 26 site, which was 205 feet deeper than the contract. The deeper hole was required to drill through a deeper aquifer, which was encountered. The' original test well caved prior to installation of the test tubes. Our Hydro- geologist has stated the caving was not fault of the driller. The cost for the additional hole is $19,218.00, which brings the total price to $68,133.00 From the desk of.. , Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax; (208) 898-9551 gradyl@meridiancity.org . Page 2 ( Recommended Council Action: The Public Works Department recommends that City Council approves the Change Order #1 (final) with Adamson Drilling for $19,218.00 and authorize the Mayor to sign it. ~ ~ I~ OOOOOOOONOOooOOOO ~~0000001.O~~~~~~~ OCDNooCDONCDCDCDNI.O..-MNN roON..-O..-OCDCD"-NooNN~NV CON~IOCD~oo~"-VIOION"-IOVI.O 2~ri~~~~~~~~~~~~~ri~ o ~~~~~~MN~vN~~~~v J $~$$~ ~ l- e:;; C o o OOOOOOOONOOvOOOO WOOOOO~~~~~~..-1.0000 uO~oom~ONCDCDCDN~~M"-N ~~O"-N"-NOCDCD"-NooNNm..-V ~~N$$~$oo~..-vlOlO~~I.O~1.O W~M ~~~~~~ ~~~ C~ ~MN~vN $$v ~ ~$$~$ ~ o C! 00 ..- ~ CO ~ N ~ 00000000000000000 C!~OOOOOOOC!C!C!C!~~OC! C OOOVOOOOOOOOOOOOV aroOIOI.OMOOOOOOOCD~IOOO..- -OOCOC')V~1.0101.000IOVV~1.00~ U~~M~~~M~~O~~NN~M~"- 2 N$~~~~MNvv"-~~~~MI.O e:;; ~ ~~~$~ ~N C $ a o rJ') Q.) :+::i () CO c l.L 0 :+::i OlCij .~ :J 0......0 E CO :JI-- a.. ""0 LOCO N li3 ~ g';:: .- ~ E:t= I- C ~ 0000000000000000 C!qooooooooC!C!q~~C! 01.01.0001.000000001.0000 ONN..-NOOOOOOMCDI.OI.OO 0~$~~1O 1.0 1.0 0 0 I.O~~~ 1"-:0. 1.0" M- ~ N- 0 ~ ~ ~ ..- 1.0 N ~MNvv"- ~~M $ $~~$~ ~ ~wrrr~w~~rooo~~~~~w ~~oow~~~~~~~~~ww~ Q.) S C m ..- J o vvMCO ~I.O::;~ W(j} > > ~ ~ "" -0'0 OJ jg Q,) c(/)TI :o2(/)>( ~g2~ ":JO~ 06 (/) (/) ~ _::I_ (/) c.~ ~ c:;;:::::2:o .Q = ro= ~I >CO--..l<: m 1M u ~TI~.c w.- u ~ .c ._ ~~F~ ~~~~ 'r""" '"" .... "r"'" -,;- ~ ~~"-N"- m ~~~~~NMVIOCD~~~~g~o ~ I- a - ..... a 2' :2: :; 06 ..... "0. .~ C ~ >. E m '00 I- W::l :2: a ro~~Ol ~I- ro ~t5~;'Q) ~~~~ ~ ro21-i:i:(/) >>>m>mw w-Q)Q)J >> (9 I-W~Olam oOQ)Q)::-' ~ ~ "N ~ ~.g 0 > > ~ ~ :g Om:t=uEu<(~~"""''Jc - ~ li3 .!:'2 ::I ~ > 0 NON m '-taJ.>O~WI..-..-..-..-U) ( July 16, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20, 2004 U-L ITEM NO. REQUEST Well 26 Test Wen Change Order #1 (Final) - Adamson Drilling 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 JRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~O\Jf Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. i t, ]~ JUL 1 52QO~ r'l' ,.., OIt:" fl " o'';el; ':""[ v ~;; .1j,.......:I, _ ....(,...I....J,. City Cl~Tk omcc - 0/ To: Brad Watson From: Lenard Grady/tJ~. CC: Gary Smith Date: 7/15/2004 Re: Proposed Agenda a Items for July 20, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the July 20 City Council consent agenda: Well 25 Pumpinq Facilities Contract -Irminqer Construction Two bids were received for this project as summarized below: . Irminger Construction $251,514.00 . Star Construction $278,318.00 Jrminger has successfully built several of our pump houses. The bid tabulation is attached for reference. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Well 25 Pumping Facilities for $251,514 with Irminger Construction, Inc. and authorize the Mayor to sign it. :t Well 26 Test Well Chanqe Order #1 (Final) - Adamson Drillinq. Attached is a change order for drilling of an additional test hole at the Well 26 site, which was 205 feet deeper than the contract. The deeper hole was required to drill through a deeper aquifer, which was encountered. The' original test well caved prior to installation of the test tubes. Our Hydro- geologist has stated the caving was not fault of the driller. The cost for the additional hole is $19,218.00, which brings the total price to $68,133.00 From the desk of.". Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 .. Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org Recommended Council Action: The Public Works Department recommends that City Council approves the Change Order #1 (final) with Adamson Drilling for $19,218.00 and authorize the Mayor to sign it. . Page 2 CHANGE ORDER NO.1 No.1 DATE OF ISSUANCE June 21 EFFECTIVE DATE June 21 OWNER City of Meridian CONTRACTOR Adamson Drillinq Contract: Well 26 Test Well ENGINEER City of Meridian You are directed to make the following changes in the Contract Documents: Description: Drill test well an additional 205 feet and drill a second hole due to hole caving, See attached email. Reason for Change Order: Additional cost for work described above. Attachments: (List documents supporting change): Email for Hydro Logic CHANGE IN CONTRACT PRICE: Original Contract Price $ 48,915.00 Net Increase (Decrease) from previous Change Orders No. - to - $ None Contract Price prior to this Change Order: $ 48,915.00 Net increase (decrease) of this Change Order: $ 19,218.00 Contract Price with all approved Change Orders: $ 68,133.00 Date: 7/IV/OV EJCDC 1910-8-8 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. APPROVED: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready far final payment: (days or dates) Net change from previous Change Orders No. _ to No. - Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) By: Mayor De Weerd Date: Attest: William Berg Jr., City Clerk July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20, 2004 ITEM NO. to.- \v'\ REQUEST Memorandum of Understanding for GIS Fees 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 ~tY- Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. \.n" 1:' ees Page 1 ot 1 Anna Powell From: Sheldon Bluestein [asbluesr@adaweb.net] Sent: Tuesday, April 13, 20042:18 PM To: powella@meridiancity.org Subject: GIS Fees Anna, Ada County has, since it took over the multiparticipant GIS in 1993, charged fees for its data under Idaho Code 31-875, These fees have consistently gone down over time, from a top of $31 ,000 to a top of $2400. In 1996, Meridian paid about $8000... We have now moved to an M.O.U. approach; it is in the final steps of revision based on participant comments. Under that MOU, which I hope your city will sign, there are two main classes of participants: "Monthly Data" participants, and "Twice-monthly Data" participants. The first group use shapefile data, the simplest form of ESRl/Arclnfo data. The second group use coverage data, a more complex format. Under the MOU, each delivery costs $100. Thus, the first group pays $1200 per year, the second $2400 per year. This year, you have received monthly deliveries. I hope you can find $1200 for this year. Next year, you need to decide what kind of user you will be. If you ramp up your GIS effort, you might move to the twice-monthly class of users. So, depending on what you plan to do, you should budget either $1200 or $2400. I hope this helps. We've enjoyed working with your staff, and hope to do even more with you in the futUre. Sheldon Bluestein Land Records Supervisor Ada County Assessor's Office 287-7260 7/9/2004 To Ada County GIS Participants From Sheldon Bluestein Date: June 30, 2004 Subject: Revised M.O.U. and 2003-2004 GIS Invoice Last November, we distributed a new Memorandum of Understanding to replace our long-time Contracts. We received comments from A.C.H.D. and Boise City; thanks for the suggestions. Our Ada County Prosecutor's Office has now produced a revised version ofthe MOU, which is attached. I have also attached a bill for GIS services for this year (October 2003-September 2004). This revised version incorporates some of your suggestions, and makes some small technical changes. We did not honor all suggestions, for two reasons: · I wanted to stick with language from the old tried and true contract wherever possible; some of the suggested changes were marginally better, but not quite worthy of changing the previous language · Our attorneys wanted to stick with their language on automatic renewal for the five year period I believe that this M.O.U. does a good job of moving our GIS in the right direction. Remember that this M.O.V. marks four main changes for our GIS: · It is a continuously-renewing agreement that only needs to be signed once this five-year cycle. · It changes our emphasis from recovering costs of data creation and maintenance, to recovering costs of data dissemination-accompanied by greatly reduced user fees. .. You are free to re-distribute data to your cooperators and contractors, and to the public, without paperwork. · ill place of Participants, we now have two types of Cooperators: o twice-monthly delivery Cooperators (basically, our long-time Participants who receive coverage data), who will pay $2400 per year; and o monthly delivery Cooperators (smaller cities and others who receive monthly shapefile data), who will pay $1200 per year. Ada County remains committed to providing you with quality data, with no surprises-and to making the transition to new technologies such as Geodatabase as smooth as possible. You are receiving two copies of the new agreement. Please sign and return both to me; when our Commissioners have signed, they will return one to you. The area for your signature is very small; you may want to attach your own final pages for appropriate official signatures. Thanks for your continuing support ofthe GIS. We have a good one. fi1~ ( July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20, 2004 ITEM NO. lo-N REQUEST Agreement for Economic Development Coordinator AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: {>{f\ lL Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20,2004 ITEM NO. LD-O REQUEST Agreement for Professional Services, Water & Wastewater Fee Evaluation- Environmental Financial Group 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 -k?f roS Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. JUL 1 5 2004 City Of Meridian City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 7/16/04 Re: July 20 City Council Meeting Agenda Item As I requested at the July 6 City Council meeting you allowed me to do, I requested a proposal from the Environmental Financial Group in Minneapolis to evaluate our proposed water and wastewater fee update. The complete package was sent to them earlier this week and they have provided me the following scope of services. A copy of Scott Harder's resume and introductory letter are also included. I am requesting this item be placed on the July 20 City Council agenda, on the Consent Agenda, for Council's consideration: Aqreement for Professional SelVices, Water & Wastewater Fee Evaluation - Environmental Financial Group Recommended Council Action: Approve the agreement for professional services with Environmental Financial Group - Water & Wastewater fee Evaluation on a time and materials basis, not-to-exceed $4000, and authorize the Mayor to sign and City Clerk to attest. Thank you for your conSideratiOp~ttJ . Page 1 A G R E E MEN T THIS AGREEMENT, made and entered into this day of 200 by and between the City of Meridian, hereinafter referred to as the Client, and Environmental Financial Group, Incorporated, hereinafter referred to as Consultant, WITNESSETH: Whereas, the is considering implementation of System Development Fees to provide funds to reimburse private development and the City for construction of sewer and water trunks 11 (lithe projectll), and Whereas, Consultant to Project, the Client desires to retain the services of the review and make recommendations regarding the NOW / THEREFORE, and agreements herein follows: in cons ideration contained, the of the mutual parties hereto covenants agree as 1. The Client hereby retains the Consultant for the Project, to perform the services on the terms and conditions specified herein and the Consultant agrees so to serve. The parties agree that the Consultant shall be an independent contractor and shall not be an employee of the Client. The Consultant, as an independent contractor, is not entitled to workers! compensation benefits and unemployment insurance benefits, and the Consultant is obligated to pay federal and state income tax on any moneys earned pursuant to the contract relationship. 2. The Scope of Services is attached hereto as Exhibit A and made a part of this agreement. Consultant agrees to perform the work described in the Scope of Services in compliance with all provisions of this agreement. Consultant represents that it has the requisite authority and capacity to perform all terms and conditions on Consultant's part to be performed hereunder. 3. The work will begin and be completed in accordance with the Scope of Services. 4. The Client reserves the right to omit or modify any of the tasks identified in the Scope of Services / upon notice to Consultant. s. Client agrees to pay Consultant for services rendered pursuant to this Agreement the sums set forth in the Exhibit B, as adjusted to reflect the omission or addition of any of the tasks set forth therein. Payment shall be made upon billing by the Consultant, which billing shall occur not more frequently than monthly, and which shall identify the tasks performed. 6. The Client reserves the right to monitor and evaluate the progress and performance of the Consultant to ensure that the terms of this agreement are being satisfactorily met in accordance with the Client and other applicable monitoring and evaluating criteria and standards. Consultant shall cooperate with Client relating to such monitoring and evaluation. 7. Insurance Requirements. (a) Comprehensive General Liability. The Consultant shall procure and keep in force during the duration of this contract a policy of Comprehensive General Liability insurance insuring the Consultant against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000. The limits of said insurance shall not, however, be a limit to the liability of the Consultant hereunder. (b) Professional Liability Insurance. The Consultant shall procure and keep in force during the term of this contract errors and omissions professional liability insurance insuring the Consultant against any professional liability with a limit of at least $1,000,000 per claim and annual aggregate. The limits of said insurance shall not, however, be a limit to the liability of the Consultant hereunder. (c) Terms of Insurance. Insurance required shall be with companies with a general policyholder's financial rating of not less than IIAII as set forth in the most current edition of IIBestts Insurance Reportsll and may provide for deductible amounts as the Consultant may deem to be reasonable for the project, but in no event greater than $20,000. No such policies shall be cancelable except after thirty (3D) days prior written notice to the Client. The Consultant shall not do nor permit to be done anything that shall invalidate the insurance policies referred to in this section and Consultant shall immediately advise the Client in writing if a reduction in coverage or other modification of the insurance coverage occurs. Policies described in (a) and (b) above shall be for the mutual and joint benefit and protection of the Consultant and the Client. Such policies shall contain a provision that the Client shall be entitled to recovery under said pOlicies for any loss occasioned to it, its servants, agents, citizens, and employees by reason of negligence of the Consultant. Such policies shall be written as primary policies not contributing to and not in excess of coverage that the Client may carry. 2 (e) Other Insurance. The Consultant shall procure and keep in force during the term of the contract other insurance as may be required by any law, ordinance or governmental regulation. 8. Indemnification. The Consultant hereby covenants and agrees to indemnify, defend, save and hold the Client harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorneys fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of or by any reason of any violation of the contract or of any law, ordinance or regulation by the Consultant, his agents, employees, servants, subcontractors, business inviteesj or by reason of any injury or damage however occurring to any person or persons whomever {including the Consultant, his agents, employees, servants, subcontractors or business invitees} or to property of any kind whatsoever and to whomever belonging (including the Consultant, his agents, employees, servants, subcontractor or business invitees)j or from any cause or causes whatsoever arising out of the performance of services hereunder. 9. Governing Law and Venue: This Contract shall be governed by the laws of the State of Minnesota and the State of Idaho. 10. Assignability: This Contract is voidable by the Client if assigned by the Contractor without the prior written consent of the City. 11. Survival Clause: The indemnification provision of Paragraph 8 shall survive the completion of the Work and the termination of this Contract. 12. Compliance with the Laws: The Consultant shall observe and comply with all applicable laws, including but not limited to federal, state and local laws, regulations, rules or ordinances that affect those employed or engaged by it, the materials or equipment used for the conduct of the Work, and shall procure any and all necessary approvals, licenses and permits, all at its own expense. 13. This agreement may be terminated by either party upon five (S) days written notice. In the event of termination by the Client, other than for reason of default under this contract, Client shall be liable to pay to Consultant fees for services and expenses incurred to date of termination. 14. This agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, their successors and assigns. 3 IN WITNESS WHEREOF I the parties have hereunto set their hands the day and year first above written. City of Meridian By: Title: ENVIRONMENTAL FINANCIAL GROUP, INC. By: Scott E. Harder Title: President 4 EXHIBIT A SCOPE OF SERVICES Task 1: Review Background Information - EFG team shall review background information provided by the Client and participate in telephone discussions related to this information. Deliverable: None. Task 2: Develop System Development Fee Program Options - EFG shall analyze the technical information used to develop the draft fee program. EFG shall also review capital plans, fixed asset information, and information related to the city's Assessment Fee program. The purpose of the review shall be to ascertain the viability and defensibility of the technical rationale for the System Development Fee program. In the course of this analysis, EFG shall develop program options, focusing on cost recovery, administration, and integration with latecomer agreements. Based on this analysis, EFG shall develop appropriate assumptions, methodologies, and estimates that might be considered by the city as part of its System Development Fee program. Deliverable: Supporting spreadsheets, calculations, and tables detailing the technical rationale for the System Development Fee program and various viable program options. Task 3: Develop Program Recommendations - EFG shall then develop specific recommendations related to the System Development Fee program and, to a limited extent, the existing Assessment Fee program. Deliverable: (Presented in the memorandum described in Task 4.) Task 4: Prepare Memorandum - EFG shall then prepare a memorandum summarizing the analysis conducted, assumptions made, and specific program recommendations. Deliverable: A memorandum presenting the assumptions, analyses, conclusions and recommendations. Based on a review of a draft document by the city, EFG shall submit a final memorandum. 5 EXHIBIT B PROJECT BUDGET Task No. Description Not-to-Exceed Amount 1 Review Background Information 2 Develop Program Options 3 Develop Specific Recommendations 3 Prepare Memorandum TOTAL $4,000.00 Based on an hourly rate of $125.00 and 32 hours of work. 6 ENVIRONMENTAL FINANCIAL GROUP 16 July 2004 Mr. Brad Watson, City Engineer Public Works Department City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 Re: System Development Fee Program - Letter Proposal for Professional Services Dear Mr. Watson: Environmental Financial Group, Inc. (EFG) is pleased to provide to City of Meridian (City) this letter proposal to conduct a technical review of the proposed System Development Fee Program. This letter sets forth our understanding of your analysis needs and proposed services to assist you to meet that need within the next few weeks. We've also included a short introduction to EFG for your information. UNDERSTANDING Based on our phone conversation yesterday and e-mail messages back and forth over the past week or so, it is our understanding that the City has been developing a program to provide funds to reimburse both private development and the City for construction of water and sewer trunks. These "System Development Fees" would be charged along with the City's long-standing Assessment Fees to recover the cost of water and sewer facilities placed in service to meet the needs of new customers. Given the rapid growth in the City's service area, these programs could work together to ensure that infrastructure is available to support growth and to ensure that existing customers do not subsidize this growth. Further, we understand that the City has met with developer groups and other stakeholders about this program over the past year or so and is now poised to decide whether the System Development Fee program should move forward. Prior to final consideration of this program, the City is seeking to confirm the technical rationale for the System Development Fees and how such a program could best be implemented. As part of this review, the City would like to refine its program by first "taking a step back" and conducting a cursory review of other similar programs. Based on such a review, the City would like to understand some of the program options available that might achieve the same cost recovery objective. Based on these reviews it would like to consider recommendations from a firm that has experience working both in Idaho and elsewhere on similar programs. Finally, as part of these reviews, the City would like a cursory review of its existing Assesssment Fee program from both a technical and defensibility perspective and to confirm how it would work in concert with a System Development Fee program, 4601 Emerson Avenue South Minneapolis, Minnesota 55409 612.872,0510 (voice) I 612.824.4312 (fax) Mr, Brad Watson, City of Meridian System Development Fee Program - Leiter Proposal for Professional Services 16 July 2004 We understand that the timel ine for th is final technical review is quite short. The City hopes to conduct a public hearing on the 24th of August, requiring that a technical review and final recommendations be completed by the end of Ju Iy or shortly thereafter. SCOPE OF SERVICES EFG proposes to conduct these reviews for the City by performing the following scope of services. A consulting agreement setting forth these services is attached to this letter. · Review Background Information: EFG proposes to review background information provided by City staff. This information would include program descriptions, sample Latecomer Agreements, capital improvement plans, project cost information, and transcripts from previous meetings where the program concepts have been discussed. · Develop System Development Fee Program Options: EFG proposes to conduct a review of the technical aspects of the proposed program as currently defined. Such a review would involve a review of capital project costs, reimbursement schedules, benefit area determinations, accomodation of existing latecomer agreements, and options to balance complexity and administrative efficiency, · Develop Program Recommendations: EFG proposes to then develop recommendations based on the reviews conducted and options developed. Such recommendations will relate to administrative issues, defensibility, transition from existing latecomer agreements, cost allocation methodology, and the like. · Prepare a Letter Report: EFG proposes to then prepare a letter report summarizing the ana lyses conducted, describing viable program options, and detailing specific recommendations for moving forward. BUDGET EFG proposes to conduct these services for a noHo-exceed budget of $4,000.00. This budget is based on 32 hours of work by myself at an an hourly rate of $125.00. INTRODUCTION TO EFG EFG specializes in utility business consulting to municipalities and special districts that are striving to implement sustainable financial plans, and develop and sustainable utility business operations to manage their water and wastewater systems. Attached is my resume. EFG stands ready to assist the City to move ahead with final consideration of a System Development Fee program, Please call me if you have any questions, Thank you. Very Truly Yours, ENVIRONMENTAL FINANCIAL GROUP, INC. /s/ Scott E. Harder, President attachments -2- SCOTT HARDER Environmental Financial Group, Inc. Scott has twenty-five years of nationwide experience as an engineer, financial advisor, and management consultant serving the water and wastewater industry and technologies companies. He has developed a solid base of experience developing innovative environmental and financial solutions addressing a wide variety of emerging issues, He has consulted with clients facing rapid population growth, regionalization, litigation, sign ificant environmental infrastructure needs, reorganization, privatization, deteriorating bond ratings, and contract disputes, He has served as an expert witness in public finance to the Colorado State Legislature and in ratemaking in the Florida State courts. He assisted in developing a revolving loan program for public works rehabilitation in Washington State that continues to be a model for other states. EDUCATION Colorado State University, M.S. Civil Engineering University of Colorado, Graduate Studies in Public Finance St. Olaf College, B.A. Mathematics and Economics REGISTRATION Professional Engineer, Minnesota MEMBERSHIPS Water Environment Federation American Water Works Association BOARD DIRECTORSHIPS Plymouth Congregational Church Trustee, 2001 - present Plymouth Church Neighborhood Foundation, 1999 - present (Co-founder) Plymouth Congregational Church, Fine Arts Board, 1998 - 2001 COMMUNITY SERVICE Boy Scouts of America, Viking Counci I, 1998 - 2001 Plymouth Music Series of Minnesota, Benefit Committee, 1998 and 2000 Fort Collins Community Network ("FortNet"), Treasurer and Co-Founder, 1993-5 Mountain Prairie Council, Girl Scouts, 1993 RESUME OF SCOTT HARDER Chronological Highlights Secured Funding for local Governments Facing Oil and Gas Related Growth: Scott assisted in securing funding for several communities and counties in the overthrust area of Wyoming, Utah and Idaho. Through the Overthrust Industrial Association, financial plans were developed for housing, schools, and utilities during the energy boom years. (Briscoe, Maphis, Murray & La mont, 7981-82) State Revolving Fund for Infrastructure Rehabilitation: Scott assisted in designing a state revolving fund in Washington State. Using cigarette taxes and other revenue sources, the fund has evolved into an important source of revenue for cash-strapped municipal ities. (State of Washington, 7983-4) Multi-Jurisdictional Water Supply Planning, Design Development and Capital Programming: Scott provided technical assistance in developing regional water supply plans for King County, Washington. He also supported design development and capital programming of water and wastewater treatment facilities in Washington and California. (Economic and Engineering Services, 1985-7) Yucca Mountain Nuclear Waste Repository: Scott provided technical assistance in developing regional economic and fiscal models to support the development of a federal nuclear waste repository at Yucca Mountain, Nevada. (Planning Information Corporation, 7988) Water Utility Mergers, Acquisitions, and Management: Scott provided pricing and negotiations support for over $100 million in revenue bonds for Palm Beach County to support expansion of its water and wastewater systems. Scott supported valuation, pricing and negotiations support for acquisitions of private water and wastewater utilities in Charlotte, SI. Lucie, and Palm Beach counties in Florida. Scott provided ratemaking, financial policy development, and financial management services to Palm Beach County, and other clients, (Montgomery Watson, 1988-92) Wastewater Collection System Master Plan, City of Fort Collins, Colorado: Scott served as project manager for this planning effort. It involved calibrating computer model results using a number of flow meters placed at points in the collection system. (Montgomery Watson, 7989) Solid Waste Commercial Assessment Program: Scott co-developed a commercial assessment program to support repayment of $500 million in revenue bonds issued to construct a solid waste incinerator. The effort involved convincing insurers, rating agencies and bondholders of the ability to secure sufficient waste to pay debt service. (Montgomery Watson, 7997) Assessment-Backed Water Project Financing: Scott provided financial consulting services to the City of Miramar, Florida to develop an innovative program to develop water, wastewater and road infrastructure programs backed exclusively by assessments to raw land. The program involved negotiations with developers and development of financial policies and plans. (Environmental Financial Croup, 1992) RESUME OF SCOTT HARDER Chronological Highlights (continued) Palm Beach County, Florida: Scott has served as financial rate consultant to Palm Beach County Water Utilities Department since 1989. Over that time, he has assisted in the acquisition and integration of three smaller utilities into the growing regional County system. He has conducted four connection fee studies and three major rate studies. His role in these efforts was economic analysis and development of capital improvements plans. In 1996, he assisted in updating the County's Guaranteed Revenues policy, helping to avert a legal challenge. He developed the department's first wastewater reuse rates and the procedure for developing Expansion Project Percentage calculations in response to bond counsel concerns in the early 1990's, He routinely supports the County's water and wastewater bond issues, providing financial and debt service coverage projections, working closely with department staff. He is currently analyzing the cost of service to several emerging retail and wholesale uti lity service areas. (Environmental Financial Group, 7989 - present) Lewiston, Idaho Water Connection Fees and Water Master Plan: Scott developed the methodology employed in the creation of connection fees for the city. The methodology, a net replacement cost less accumulated depreciation, was stipulated by Idaho case law regarding connection fees and impact fees, Scott also prepared a financial plan to support the water master plan update in 1997, (Environmental Financial Group, 7993 and 7997) Wyoming Water Development Commission: Scott supported the Development Commission on several water master planning projects to evaluate the economic and financial feasibility of state investments in local water systems. These analyses included cash flow, water rate, and "ability-to-pay" determinations. He has been involved in water projects in Laramie, Meeteetse, and Douglas. (Environmental Financial Croup, 7995-8) Strategic Business Planning: Scott has served the Western Lake Superior Sanitary District as financial advisor and business planning consultant since 1996. Over that time, the District has faced litigation with its largest solid waste hauler, phasing out of flow control and the need to develop new sources of funding for its waste management programs. Scott developed a line item fee that has successfully served the District for two years and managed a competition between private vendors and District employees for biosol ids transport and application services, He managed the procurement of a transfer station facility for the District that involves sol iciting operations proposals from both private vendors and unions. He developed business plans for a public-private mattress recycling and mandatory source- separate organics programs. He is currently advising the District on wholesale wastewater rates, cost of service, and allocations of plant capacity, (Environmental Financial Croup, 7996-present) Joint Water Commission Alternate Future Water Supply (Golden Valley, New Hope and Crystal, Minnesota): Scott assisted in evaluating preliminary feasibility studies for developing a new groundwater supply, storm water, water and sewer rates, and negotiations with Minneapolis on a new water supply agreement. The studies involved detailed economic and financial assessments. (Environmental Financial Croup, 7996-7) A $12 million Recycling Facility for Boulder, Colorado: Scott served as financial advisor to the Boulder County Recycling and Composting Authority during the development of a new recycling facility, The Authority is using sales and use tax revenues to cash-finance the facility. Scott also was involved in evaluating the financial qualifications of vendors. (Environmental Financial Croup, 1996-9) RESUME OF SCOTT HARDER Chronological Highlights (continued) A $200 Million Metropolitan Council Solids Project: Scott has served the Metropolitan Council during facility planning of its solid processing improvements project to be undertaken at its Metro wastewater facility. Scott analyzed project economics, financial plans, and project delivery. Project economics assessments involved the application of a detailed life cycle cost methodology, (Environmental Financial Group, 1997-8) Metropolitan Council Service Availability Charges: Scott has served the Metropolitan Council during development of new service availability charges ("SAC"). 104 communities charge SAC to new connections to the metropolitan wastewater system. The project involved working with a group of stakeholders to develop and discuss alternative SAC policies for the Council. Scott also authored a 1998 report reviewing the financial standing and future prospects of the present SAC program. (Environmental Financial Group, 1997-8) Mesa/Powderhorn 201 Facility Plan: Scott prepared capital improvement programs and financial plans for this regional 201 plan on the western slope of Colorado. (Environmental Financial Group, 1999-2000) Regional Wastewater Facility for Buena Vista, Colorado: Scott prepared a cost of service analysis to allocate capita I and O&M costs between the Buena Vista San itary District and the Colorado Department of Corrections. (Environmental Financial Group, 1999-2000) Regional Treatment and Collection System Master Plans, Metropolitan Council, St. Paul, Minnesota: Scott served as economic and financial consultant on two on-going Council master planning efforts, As sub-consultant to major environmental engineering firms, he ensured that capital improvement planning was being done in accordance with the Council's Capital Planning Guidance policy, Using the life cycle cost analysis methodology he developed for a previous Council project, he is extending that approach to assist in comparing more complicated alternatives involving multiple wastewater treatment facilities and technologies. (Environmental Financial Group, 1999 - 2001) Accelerated Project Delivery for the Metropolitan Council Environmental Services: Scott supported the Metropolitan Council to develop and execute innovative, accelerated project delivery of its new South Washington County wastewater treatment facility. (Environmental Financial Croup, 1999- 2000) Wastewater Cost of Service Analysis for City of Melrose, Minnesota: Scott has served as wastewater rate consultant to the city for the past three years. He developed a detailed cost of service model to evaluate the cost of providing service to two large food processing facilities, The analysis also involved negotiations with those industries on flows and loadings allocations and related costs. (Environmental Financial Group, 2001-2004) Northeast Ohio Regional Sanitary District Solids Project: Scott evaluated the economics of continuing Zimpro sludge conditioning and transitioning to fluidized bed combustion. He also provided specialized advice on cost forecasting and escalation factors related to analysis of biosolids incineration and related management options. (Environmental Financial Group, 2002-present) RESUME OF SCOTT HARDER Chronological Highlights (continued) Joint Water Commission Water Project (Golden Valley, New Hope and Crystal, Minnesota): Scott is currently negotiating a new water supply contract between the JWC and the City of Minneapolis, He also conducted a study evaluating the feasibility of the JWC developing a new water treatment system using groundwater supplies and membrane treatment technology. He is currently managing a future water decision process involving special legislation, economic and financial analysis, and engineering evaluations. This process is particularly complicated due to the involvement of multiple municipal jurisdictions, high-profile public involvement, and complicated economics. (Environmental Financial Group, 2001-present) Utility Development Services: Scott has served the Duluth I North Shore Sanitary District as Financial and business planning consultant since 2000. Over that time, the District has developed plans for a $13 million wastewater force main, storage, and collection system to alleviate water quality problems along the north shore of lake Superior just north of Duluth. The project is 50% funded by state grants, He is currently assisting the district in selection of a contract operator, establishing fixed asset records, and developing user rates and connection fees. (Environmental Financial Group, 2000- present) Financial Advisor to Counties and Sanitary Districts: Scott currently serves as financial advisor to several counties and sanitary districts in Minnesota including Koochiching County, the Shetek Area Water and Sewer Commission, and Crane lake Water and Sanitary District. Each is involved in constructing sewer collection and treatment systems in areas affecting the water quality of lakes. He is consulting with these agencies on special assessments, bond financing, and user charges. (Environmental Financial Group, 2003-present) July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Department Reports July 20,2004 ITEM NO. ~- A REQUEST Policy Changes for Holiday Time I Flex Time AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: <'if v0o.-J X\ (.V )J$)V C 11 V-SO\\f/ $'.J \ XV'- Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( Tara Green From: Sent: To: Will Berg Friday, July 09, 2004 4:46 PM Shaun Wardle (E-mail); Charlie Rountree (E-mail); Bill Nary (E-mail); Keith Bird (E-mail); Tammy de Weerd Nancy Nash; Doug Strong (E-mail); Anna Powell (E-mail); Stacy Kilchenmann; Bill Musser (E-mail); Kenny Bowers (E-mail); Brad Watson (E-mail); Gary Dean Smith (E-mail); Bill Nichols (E-mail) policy changes for holiday I compressed work week Cc: Subject: Follow Up Flag: Flag Status: Follow up Flagged ~.. EJ Hours of work SOP 3.2 revised ... 1 / I CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.2 SUBJECT: HOURS OF WORK PURPOSE: To outline the City's policy regarding hours of work, compressed workweek, flextime, meal periods, and reporting procedures for time worked. POLICY: Every employee shall have designated work hours. Regular business hours, for most City employees are 8:00 A.M. to 5:00 P.M, Monday through Friday, excluding recognized holidays. However, some departments within the City have different work periods and work hours, It is the City's policy to establish time and duration of working hours as required by workload, operational demands, customer service needs, staffing requirements and any applicable law( s). Compressed workweek or flextime schedules may be available to non-bargaining unit regular full- time employees with approval from the department director and the advice of the Human Resources Director. who huve satisfied--their introffifeteFy pefi.ed-Hpen revi0\v-and--appfeval--fr.em-tl1e--depurtment-4ifeet-Bf. A compressed and flexible workweek is a privilege and approval is based on staffing needs, the employee's job duties and work record. AUTHORITY & RESPONSmn..ITY: Supervisors shall be responsible for scheduling employees during appropriate working hours and ensuring that proper records and timesheets are kept and submitted to record time worked. PROCEDURES AND RELATED INFORMATION L WORK PERIOD A. Regular business hours are normally 8 a.m. to 5 p.m. Monday through Friday, excluding recognized holidays. However, some departments within the City have different work periods and work hours. It is the City's policy to establish time and duration of working hours as required by workload, operational demands, customer service needs, staffing requirements and any applicable law(s). B. A "work day" may be 8,9, 10, or 24 hours of work performed within a period of (24) consecutive hours on any assigned shift, whether such shift is continuous or split C. Non-exempt employees are responsible for monitoring the accuracy of his/her timecard for the hours worked in each work period. For overtime approval refer to SOP 3.6 (Overtime Compensation). Revised 3/04 D. Firefighters are subject to the special exception as provided under ~ 207(k) of the Fair Labor Standards Act. Represented Fire employees should refer to the union contract for additional information regarding assigned work periods. II. COMPRESSED WORK WEEK AND FLEXTIME A. A compressed workweek is one in which an employee works the same number of standard hours as normal however in fewer than the customary number of days per week. Flextime is a work schedule with time of arrival and departure that differs from the standard operating hours. It allows employees to choose their work hours within the limits established by the City. B. Compressed workweek or flextime schedules may be granted in situations where the job and business-related needs can continue to be met even under a compressed or flextime schedule as long as this does not impact the employee's productivity or adversely affect the efficient operation of the City. 1. The compressed workweek maybe one of the following: A 4/1 0 - Employees work 10 hours for 4 days per workweek within a 7 day period. Due to operational demands starting and ending dates will be assigned by department. B. 9/8 - Employees work 9 hours for 8 days, 8 hours for 1 day with the 10th day off, resulting in alternate three - day weekends. C. E7rempt employees will coHtfmte-te-feeeive the samo salary from week te-week regardless ofthe--sehedule v/orkcch Exempt employees must have approval ofthe Department Director, or the Mayor for Department Directors, to utilize any flex schedule. As needed, exempt employees must depart from any compressed or flextime schedule to perform his/her job functions. D. Work hours for flextime may start at 7:00 AM through 9:00 AM with an ending time of 4:00 PM through 6:00 PM. 2. The supervisor and employee are responsible for ensuring the following conditions are met: A. The change in hours does not adversely affect service to the public, the City, departmental assignment/projects, customer relations, or other work units. B. There is adequate supervision and back-up staffing to maintain service to the public and customers between 8:00 a.m. and 5:00 p.m. daily, excluding recognized holidays. C. The position is appropriate for a compressed or flextime work schedule. D. Clear goals and objectives are determined in advance by the supervisor and employee. E. The employee observes the City's policies on attendance and the employee has maintained a good work record prior to making his/her Revised 3/04 ( request for a compressed or flextime work schedule. Discipline ofthe employee for any reason may be considered as a reason to temporarily or permanently eliminate their flex schedule. F. Non-Exempt employees may be asked to work overtime regardless of a compressed or flextime work schedule. G. The employee and hislher supervisor/manager and department director must sign a compressed or flextime workweek authorization form. C. The department director will approve or deny the compressed or flextime workweek based on staffing needs, the employee's job duties and the employee's work record. aficl--the-em~.ty-te-tempeffifHy-&F pefffiaflently return to a-sffiRanrd \vork sehedule 'vvhefH1eeaea. An employee may not change or revise any workweek schedule without prior management approval. D. The supervisor and department director are responsible for evaluating workflow, coordinating work activities and designating the workweek. E. The City reserves the right to suspend, cancel or amend this policy at any time. due to busines-s-nee4s;-lac1c of production olHhe part of the employee, eH-n vio In ti-6fH.7f.any of the-t-efins-e-f4fli-s-pel~e-Git-y-al:se-resef-Ve5--t.fle right to cnneel-eF-SHSfJefld use of such sehedule by any employee whe C*f7efleflee5-f.lerfonnan6e-fl"Fe~Bch circu1RStafl6es vAll be-wa-h:l-atea on a case by case basis, F. For holiday, vacation and sick pay refer to HR SOP 4.1 section III and V. ITL MEAL PERIODS A. The normal workday consists of eight, nine (8, 9) or ten (10) consecutive hours of work (or twenty-four (24) hour shifts for firefighters) with an unpaid meal period for non-uniformed employees. Operational demands and/or the ability to maintain appropriate staffing levels may require some departments to adjust their meal periods accordingly. B. Represented fire personnel should consult with the current labor agreement regarding breaks and meal periods. IV, MAKE-UP TIME (Non-Union Personnel) A. Employees may be required to work after normal work hours, or the employee may work less than eight, nine (8, 9) or ten (10) hours per day depending on the regular work schedule. When possible, the employee and his/her immediate supervisor will arrange the employee's schedule to assure assigned hours of work fall within the forty (40) hour workweek. Any exceptions to Revised 3/04 this procedure must have prior written approval from the employee's supervisor, and the Department Director. B. Circumstances may also arise where an employee needs to work fewer hours than his/her regularly schedule work period. Department Directors, at their discretion, may allow non-exempt employees to make up lost work time during a given work week as long as the <<make-up time" is completed within the same workweek. However, make-up time will not be granted if..-the--J.est weffi.-time is a resalt of eotHHtiens-the-empIoyee GeuJ.d-eentffil;- if there is no work for the employee to perform; or if adequate supervision is not available. C. Make-up time does not waive the City's rights to discipline employees for repeated violations of work rules or attendance, V. REPORTING AND VERIFYING TIME RECORDS A. It is the responsibility of each employee to properly record time that he/she has worked during a payroll period and supervisors are responsible for reviewing the completed timesheets for accuracy. Falsification of timesheets and/or altering work hour records is a serious offense subject to strict disciplinary action up to and including termination. B. Employees shall record the total hours worked for each workday. Non-work time (holidays, sick and annual leave, military leave, bereavement leave, civil leave, leave without pay) shall also be recorded on the timesheet. Authorized overtime shall be recorded, C. Each time sheet/card shall bear the signature of the employee with a statement verifying its accuracy and a counter signature by a supervisor indicating that the hours claimed were actually worked. D. Executive, administrative and professional employees, exempt under the FLSA, are required to complete a timesheet for administrative purposes to report non-work time of equal to or greater than one (1) work day such as sick leave, vacation leave, personal leave, bereavement leave, ere:- or any other leave as allowed by policy or law. Revised 3/04 July 16,2004 MERIDIAN CITY COUNCIL MEETING Department Reports July 20,2004 APPLICANT Police Department -- Chief Musser ITEM NO. ~ REQUEST Discussion of Resolution for Abandoned Vehicles 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: MERI DIAN POST OFFICE: OTHER: See attached Resolution ~o.L5i ~(f~ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ragt:: 1 Ul 1 Will Berg From: Will Berg Sent: Wednesday, July 14, 20047:36 AM To: Bill Musser; Tara Green; Will Berg Cc: Tammy de Weero Subject: RE: Resolution - Abandoned Vehicles The direction was to place it on a pre-council meeting and it is set tentatively for July 20th. Thanks. .. Will -~mOriginal Message----- From: Bill Musser [mailto:musserb@meridiancity.org] Sent: Monday, July 12, 2004 11:42 AM To: Tara Green; Will Berg Cc: Mayor De Weerd Subject: Resolution - Abandoned Vehicles Tara & Will I would like to see if we could get the proposed resolution Marlene sent over regarding Abandoned Vehicles and Code Enforcement on the Council Agenda for July 20,2004. Thank you, Bill 7/14/2004 WiII Berg From: Sent: To: Cc: Subject: Marlene St. George [ms@WHITEPETERSON.com] Monday, July 12, 200410:35 AM 'Will Berg (E-mail)'; 'Tara Green'; 'Jessica Johnson' 'Bill Musser': 'Alison Stieglitz Tate' Resolution for Authorized Officers for code enforcement ~ ABANDO-1.doc Please find attached the Resolution which Alison Tate has prepared for the City of Meridian pertaining to authorization of code enforcement personnel to tag and tow abandoned vehicles by authorized officers. This may now be placed upon an upcoming Pre-Council agenda. If you need anything further in this matter, please contact Alison Tate at Boise City. Thanks, Marlene Thank you, Marlene St. George Legal Assistant to Wm. F. Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. 111 ms@whitepeterson.com Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message. Thank you -----Original Message----- From: Alison Stieglitz Tate [mailto:ATate@cityofboise.org] Sent: Monday, April 05, 2004 3:34 PM To: wfn@WHITEPETERSON.com Cc: musserb@meridiancity.org Subject: resolution Attached is a resolution for your review authorizing code enforcement personnel to tag and tow abandoned vehicles. "Authorized Officers" as defined in I.C. 49-102(18) may tag and tow abandoned vehicles. Generally, authorized officers seem to be peace officers or other city employees "designated to perform the function. . . ." This simply gives the Chief authority to designate code enforcement officers/employees to fulfill this function. I am happy to make any revisions you suggest. Thank you. Alison Tate 1 RESOLUTION BY THE COUNCIL: BIRD, NARY, ROUNTREE, WARDLE A RESOLUTION AUTHORIZING THE CHIEF OF THE MERIDIAN POLICE DEPARTMENT OR HIS DESIGNEE TO APPOINT EMPLOYEES OF THE MERIDIAN POLICE DEPARTMENT TO ACT AS AUTHORIZED OFFICERS TO PERFORM THE FUNCTION OF REMOVING ABANDONED VEHICLES PURSUANT TO IDAHO CODE TITLE 49, CHAPTER 18; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Police Department has a program for handling abandoned vehicles as a service to the community; and WHEREAS, Code Enforcement Officers are trained and available to efficiently and effectively implement this program; and WHEREAS, Idaho Code ~ 49-102(18) allows the City Council to designate authorized officers to perform the function of removing abandoned vehicles. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Chief of the Meridian Police Department or his designee is authorized to appoint employees of the Meridian Police Department to act as authorized officers to perform the function of removing abandoned vehicles pursuant to Idaho Code Title 49, Chapter 18, Section 2. That this Resolution shall be in full force and effect immediately upon adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho, this ,2004. APPROVED by the Mayor of the City of Meridian this day of day of ATTEST: ,2004. APPROVED: MAYOR CITY CLERK July 16,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 20, 2004 \5 ITEM NO. REQUEST Water, Sewer, and Trash Delinquencies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 16,2004 MERIDIAN CITY COUNCIL MEETING / ; AZ 04-008 July 20,2004 APPLICANT Larry HeJlhake ITEM NO. -'1D--- REQUEST Ordinance - Request for Annexation and Zoning of 5.22 acres from RUT to C-G zones for Magic View Court - 2855 Magic View Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ClTY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: LLLv- r~ -OdT~ Date: 7--8-.0 . Phone: Emailed:~aJ4.ye )@c561f,) Int,~ het Staff Initials: ~ Materials presented at public meetings shall become property of the City of Meridian. See attached Ordinance ADA COUNTY RECORDER J. ( ,D NAVARRO BOISE IDAHO 07/23104 02:59 PM DEPUTY Vicki Allen 111\111111\1111 Rec.o~DED. - ReaUEST OF 1111111111I11111111I11 Meridian CIIy 104093298 AMOUNT ,00 5 CITY OF MERIDIAN ORDINANCE NO. 04- \ oct I AN ORDINANCE FINDING THAT, ROBERT AND KATHLEEN BARNES, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF MAGIC VIEW DRIVE, WEST OF ALLEN STREET IN MAGIC VIEW SUBDIVISION, APPROXIMA TEL Y 900 FEET WET OF EAGLE ROAD/SH 55, PHYSICAL ADDRESS IS 2855 E. MAGIC VIEW DRIVE, MERIDIAN, IDAHO, TO BE KNOWN AS MAGIC VIEW COURT 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 annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: LEGAL DESCRIPTION ANNEXA nON AND ZONING ORDINANCE (AZ-04-008) - 1 A parcel located in the NE 1;4 of Section 17 , Township 3 North, Range 1 East, Boise Meridian, and being Lot 9 of AMENDED MAGIC VIEW SUBDIVISION as shown in Book 52 of Plats at Page 4445 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said NE ~ from which a brass cap monument marking the southwesterly corner of said NE ~ bears S 89059'48" Wa distance of 2606.67 feet; Thence S 89059' 48" W along the southerly boundary of said NE ~ a distance of 1181.41 feet to a point; Thence leaving said southerly boundary N 0000' 12" W a distance of 178.26 feet to a 5/8 inch diameter iron pin marking the southerly corner of said Lot 9 and the POINT OF BEGINNING; Thence along the southwesterly boundary of said Lot 9 the following described courses; Thence N 72049'02" Wa distance of 126.86 feet to a 5/8 inch diameter iron pin; Thence N 72005'24" W a distance of 278.61 feet to a 'l2 inch diameter iron pin marking the westerly corner of said Lot 9; Thence N 16022'21" E along the northwesterly boundary of said Lot 9 a distance of 549.81 feet to a 5/8 inch diameter iron pin marking the northerly corner of said Lot 9; Thence S 83010'27" E along the northeasterly boundary a distance of 408.02 feet to a 5/8 inch diameter iron pin marking the easterly corner of said Lot 9; Thence S 16005' 58" W along the southeasterly boundary of said Lot 9 a distance of 626.76 feet to the POINT OF BEGINNING, This parcel contains 5.46 acres and is subject to any easements existing or in use. This parcel is also contiguous to the City of Meridian corporate limits. ANNEXATION AND ZONING ORDINANCE (AZ-04-008) - 2 SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial (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 ofthat celtain Development Agreement by and between the City of Meridian and the owner of the land described in Section I dated the dO-\h day of <..3LU T' 2004, 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 celtified copy of this ordinance and a map prepared in a draftsman maimer 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- 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 S63-2215 and S50-223. ANNEXATION AND ZONING ORDINANCE (AZ-04-008) - 3 p ~. ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Ill) , 2004. AE~OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 0u1 1j ,2004. dO*' day of dOth day of ATTEST: SEAL - r') CITY CLERK ~ ~ ,,<fi::: ~."o u.s;r lSi . ;fi f -;'':4j ~~ First Reading: "T- 20~04 ~"(J'I/ 'bUNTi . \'0 ....,'~' Adopted after first reading by St1sm1lj1f\\"\1~rthe 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 ;20-Pl day of "-- J t.\..li: ' 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared AMMY 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 't!U.II." and year first above~\"" ltl'L '""11" ~~ 'SA_~ ~ of ""'""..........:'7.r "" I .....". -.. ~ ~ . S : ~OTA~ ~ 00 ~ :*: .r~\::' (SEAL) :: -.- : * 5 .. · 0 - M 'i. .0 ./)lJBL\C ,. S RE INGAT: rloet",.tI..I'4~ ~~. - / '\ ~.... .0.0 $ M COMMISSION EXPIRES: oyf;).o 07 ....I1~ ~)> ........ ~ "....:- I I z:\WOrk\M\Meridian\Meri~~ ~rvma~"ttew Court AZ-04-008\AZOrd.doc ....'h~UIIII ANNEXATION AND ZONING ORDINANCE (AZ-04-008) - 4 --- 41~ --- -- 409:9'4'- - - _ _ _ 1052.93' --- S BS10'27" t 408.02' -- -408.15<-- - - _ _ _ 230.87' LOT 9 AMENDED MAGIC VIEW SUBDIVISION N 7X49'02" W 126.86' '" N 00 I' o I 50 1 00 I I SCALE: 1 "= 1 00' 200 ~ N 1425.26' ;:, o b z 1181.41' S B9'59'48~ w 2706,67' CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR-, City Clerk, ofthe City of Meridian, Ada County, State of Idaho, do hereby celiify that the attached copy of Ordinance No. 04- (ocr ( , passed by the City Council of the City of Meridian, on the 2{)~ day of daL~ ,2004, is a true and COITect copy of the original of said document which is in the care, c stody and control of the City Clerk of the City of Meridian. ~~'4-~,Jr 9- WILLIAM G. BERG, tR, STATE OF IDAHO, ) . 5S, County of Ada, ) On this ...;20~ day of 01N\Y , in the year 2004, before me, ,-~k.e.. L. S......:\..t.., , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe 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. ~~,,,'ll"''''ff'f ..... c'C L S f. ~.. "-' ,P .A_ "... ...... ~".........~"-l./' ~ ### ,....'i... Oo.:~ #~ ~~ € ! ~OTA~} o~ ~ . {/ ;1/ : * 0 _._ : "* : ~ : : : : (SEAL) \ '. })(JB\..'\C: S 0:. _^ . 0... ~ V'~ 00 00 0 ~ I1#; or" o. .. .01;"\..... :4Iii .., "'11' ...... ~~' to'" ""'f 13 OF \)) ~......", fff"hU~llll""" Z:\ Work\M\Meri dian\Meridiun 153 60MIMagic View Court AZ-04-008\CertiticationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-04-008 1 WHITE PETERSON ATTORNEYS AT LA W KEVIN DINIUS JULIE KLEIN FISCHER CHRISTOPHERD. GABBERT WM. F. GIGRAV, fir T. GUY I-lALLAM .. JILL S. HOLlNKA JOHN R. KORMANIK · WILLIAM A. MORROW WILLIAM F, NICHOLS .. CANYON P ARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 fAX (208) 4664405 CHRISTOPHER S. NVE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE ... Also admittcd in CA .. Also admiucd in OR n. Also admitled in W A June 17, 2004 William G. Berg, Jr. City of Meridian 33 E, Idaho Meridian, Idaho 83642 Re: Ordinance No. 04- I t1 q / , (Robert and Kathleen Barnes) 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 Robert and Kathleen Barnes, 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 ofldaho Code ~ 50-901 (A). Enclosure Z:\Work\M\Meridian\Meridian 15360MIMagic View Court AZ-04-Q08\Berg SUIll Ord Ur 06 17 04.do:; NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MElUDIAN ORDINANCE NO. 04- (0 q ( PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Robert and Kathleen Barnes, to be known as Magic View Court, consisting of 5.22 acres and commonly located 011 the south side of Magic View Drive, west of Allen Street in Magic View Subdivision, approximately 900 feet west of Eagle Road/SH55, physical address is 2855 E. Magic View Drive, Meridian, Idaho, more particularly described as follows: LEGAL DESCRIPTION A parcel located in the NE 1;4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, and being Lot 9 of AMENDED MAGIC VIEW SUBDIVISION as shown in Book 52 of Plats at Page 4445 in the office of the Recorder, Ada County, Idaho, more particularly described as follows; Commencing at a brass cap monument marking the southeasterly corner of said NE 1;4 from which a brass cap monument marking the southwesterly corner of said NE 1;4 bears S 89059'48" W a distance of2606.67 feet; Thence S 89059'48" W along the southerly boundary of said NE Y4 a distance of 1181.41 feetto a point; Thence leaving said southerly boundary N 0000' 12" W a distance of 178.26 feet to a 5/8 inch diameter iron pin marking tlle southerly corner of said Lot 9 and the POINT OF BEGINNING; Thence along the southwesterly boundary of said Lot 9 the following described courses; Thence N 72049'02" Wa distance of 126.86 feet to a 5/8 inch diameter iron pin; Thence N 72005'24" W a distance of 278.61 feet to a lh inch diameter iron pin marking the westerly corner of said Lot 9; Thence N 16022'21"E along the northwesterly boundary of said Lot 9 a distance of 549.81 feet to a 5/8 inch diameter iron pin marking the northerly corner of said Lot 9; Thence S 83010'27" E along the northeasterly boundary a distance of 408.02 feet to a 5/8 inch diameter iron pin marking the easterly corner of said Lot 9; Thence S 16005'58" W along the southeasterly boundary of said Lot 9 a distance of 626.76 feet to the POINT OF BEGINNING. This parcel contains 5.46 acres and is subject to any easements existing or in lise. This parcel is also contiguous to the City of Meridian corporate limits. 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 2Ll1'j; day of ~TJ1- ,2004, \ \ tll' 11111111/1 'V-'\'~~\ Of MFt::>,~t'II:~,/ ,'" ::\' ~ tf()L.., 1',. .t c} nO()J:) . -,1,;... S ~ ;;'poP' ~''''I r .;. .... ~o ~ , ~ City of Meridian Mayor and City Council _ By: William G. Berg, Jr., City Clerk l ~~ ,# g ~ ~ ~:r 1$\ . .f:> $ ,.., 4- 1- 'V"'/ ~' " First Reading: / - '2 t',) - 0 ~""''' i"\..... \0 ".;::.... I,-} :"uUNT'l. . ,\' Adopted after first reading by suspension oftlle"ffM!t'rdWlaHowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: Z:\Work\M\Meridian\Mcridian I 5360M\Magic View Court AZ-04-008\SUMANNEXZONGORD.doc July 16. 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Executive Session per Idaho State Code 67-2345(1)(fj July 20. 2004 ITEM NO. \1- AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ** TX CONFIRMATION REPORT ** AS OF JUL 16 '1214 18:24 PAGE,81 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD" STATUS 28 107/16 18:15 38112116121 EC--S 81'56" 084 244 OK 29 07/16 18: 18 PUBLIC WORKS EC--S 1211' 1218" 12104 244 OK 3121 1217/16 18: 19 121084664405 EC--S 1211'09" 004 244 OK 31 107/16 18:21 8841159 EC--S 1211'138" 01214 244 OK 32 07/16 18:232088840744 EC--S 01'07" 01214 244 OK ----------~--------------------------~-------------~---------------~------------------------ \-'IeOSt"" ~ost \-eX r'Ub\\C i\.lOtlfG - \heJ\\01! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 20, 2004 at 7:00 p.m. City Council Chambers 1. RoU-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Rabbi Daniel Fink, with Ahavath Beth Israel: 4. Adoption of the Agenda: 5. Employee Service Awards: 6. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 03~ 038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: IB. Findings of Fact and Conclusions of Law for Approval: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: C. Findings of Fact and Conclusions of law for Approval: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station I convenience store on one of the proposed lots and to allow the eXisting commercial and residential uses to remain and the property for proposed Mussell Comer Subdivision by Mmdio.a city C=ll Al:<tlda - M.,th 18. 2003 1':>8. 1 "r.1 A1lllW~ j>l"""ellled ar public n..dins':.boIl b"""",. proporty oflbe City oflvloridio.n. :\nyanc ""'iting ~.."UIXIIJlOd&Ii<lll for OOobilili"" rol.aUd to doeumcnt.l J>>1d1or he:uiDgs pJ..u eon/oct lb. city Cl<rl<:'. Qffi.. 1lI 8SS-4433 a11ca.<t4B IIOUl$ prior 10 1.h", pllblic medi,ng. i ** rx CONFIRMAT[ON REPORT ** RS OF JUL 16 '04 1~ _1 PAGE. I'll CITY OF MERIDIAN DAlE TEn:;: TO/FROM MODE MIWSEC PGS CMDII STA1'US 131 137/16 18:24 PO~ICE DEPT EC--S 131'137" 8134 244 OK 132 137/16 18:26 89855131 EC--S 131'lOl7" elOl4 244 OK 03 07/16 18:27 ~IERARY EC--S 131'27" 004 244 OK 134 137/16 18:29 9212183776449 EC--S lOll'07" 004 244 OK 135 137/16 18'31 200 388 6924 EC--S 01 ' 26" 13134 244 OK 136 137/16 18:33 21388886854 EC--S 131'137" elOl4 244 OK lOl7 37/16 18:35 2lOl8 895 13390 EC--S 131'137" 1304 244 OK 138 137/16 18:36 1283lOlee4lOl G3--S lOll'3lOl" 004 244 OK 1219 137/16 18:38 2lOl8 387 6393 EC--S 01'137" 1'11214 244 OK 10 137/16 18:413 RDA cry DEVE~MT EC--S 81' 88" 01214 244 OK 11 07/16 18:42 88851352 EC--S 1211'137" 1304 244 OK 12 07/16 18:44 CHERRY LANE G3--S 132'26" 004 244 OK 13 lOl7/16 18'47 IDAHO RTHLETIC C EC--S 01' 138" 10134 244 OK 14 137/16 18:48 JD PRESS TRIBUNE EC--S 131' 138" 13134 244 OK 15 07/16 18:50 2e88SS6701 EC--S 01' 08" 1304 244 OK ~-------------------------------------------------------------------~----------------------- V\(OSL r'ost tcr (-"Ubi \ C. Not] [6 - I hM..,\cJ I I CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 20, 2004 at 7;00 p.m. City Council Chambern 1. Roll-call Attendance: Shaun Wardle _ sm Nary _ Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Rabbi Daniel Fin!l:, with Ahavath Beth Israel: 4. Adoption of the Agenda: 5. Employee Service Awards; 6. Consent Agenda; .A. Findings of Fact and ConClusions of Law for Approval: AZ. 03- 038 Request for Annexation and Zaning of 21.38 acres from C~2 to C-G zones for proposed Mussell Comer Subdivision by Pinnacle Engineers. Inc. - northeast comer of East Victory Road and South Meridian Kuna Highway: lB. Findings of Fact and Conclusions of Law for Approval: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast comer of East Victory Roact and South Meridian Kuna Highway; C. Findings of Fact and Conclusions of Law for Approval: CUP 03-071 Request for a Conditional Use Permit for a Planned Developmant to allow the construction of a combination feed store and gas station J convenience store on one of tha proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Comer Subdivision by M<ridw.C01yC=i1A{l<llda- M.,cb ]S.21lO~ 1'>.8' J .r. ,'\llll>>t..w.l"=tod..I1"'W. ",cdi'j' ob.ll bcconw JlI'''Pm:Y ot'tbt City ofMoridi... .l\ny<>Dc dcs;';o~..cumm<><loIi"" lOr dioobilili.. ..I>ud 10 010.,,_ >n<I/o.-.brW1l' pi...," C<>lllootlb< CityCluk', omccoi *SG-<I433 lit 1cD&t4R]""", I'ri<>rto llo.public ",'''1''',- V\ (0.5 l ~~t r t-ef t'Ub\ \ L J\J ot\ (G - \ h Cl VI \{J I( CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, July 20, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Rabbi Daniel Fink, with Ahavath Beth Israel: 4. Adoption of the Agenda: 5. Employee Service Awards: 6. Consent Agenda: A. Findings of Fact and Conclusions of law for Approval: AZ 03- 038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: B. Findings of Fact and Conclusions of law for Approval: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: C. Findings of Fact and Conclusions of law for Approval: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station I convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Comer Subdivision by Meridian City Council Agenda - Marcb 18,2003 Page 1 of 4 All materials presented at public meetings shall become property oftbe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: D. Findings of Fact and Conclusions of Law for Approval: VAR 04-004 Request to allow a reduction from the required 5-foot interior side lot line setback to 4-foot on the west side of Lot 6, Block 11 for Baldwin Park Subdivision No.5 by Capital Development !Capital Homes - 1127 W. Great Basin Drive: E. Order Accepting Withdrawl of Application: RZ 04-005 Request for Rezone of 9.47 acres from R-4 to R-8 zone for proposed Larkspur Subdivision by Larkspur LLC!Ron Sargent - 2190 and 2240 South Meridian Road: F. Order Accepting Withdrawl of Application: PP 04-011 Request for Preliminary Plat approval of 42 single-family residential building lots and four common lots on 9.47 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur LLC!Ron Sargent - 2190 and 2240 South Meridian Road: G. Order Accepting Withdrawl of Application: CUP 04-011 Request for a Conditional Use Permit for a Planned Development for proposed Larkspur Subdivision with request for reduction to the minimum requirements for lot size, street frontage and front and street side yard setbacks by Larkspur LLC!Ron Sargent - 2190 and 2240 South Meridian Road: H. Streetliqht Aqreement for Champion Park No.2 by Hillview Development: I. Water and Sewer Easement for Lvnnwood Plaza by Crestline Development: J. Overland Road Rebuild Water Line Reimbursement: K. Well 25 Pumpinq Facilities Contract - Irminger Construction: L. Well 26 Test Well ChanQe Order #1 (Final) - Adamson Drilling: M. Memorandum of Understandinq for GIS fees: N. Aqreement for Economic Development Coordinator: O. Aqreement for Professional Services. Water & Wastewater Fee Evaluation - Environmental Financial Group: Meridian City Council Agenda - March 18, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City CleIk's Office at 888-4433 at least 48 hours prior to the public meeting. T.., ,_ P. Development Agreement: AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for Maaic View Court by Larry Hellhake - 2855 Magic View Drive: 7. Department Reports: A. Policy Chanaes for Holidav Time I Flex Time: B. Police Department - Chief Musser 1. Discussion of Resolution for Abandoned Vehicles: 8. (Items Moved from Consent Agenda) 9. Tabled from July 6, 2004: FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossinq Subdivision by Autumn Faire, LLC - south of West Ustick Road and west of North Black Cat Road: 10. FP 04-046 Request for Final Plat approval for 72 single-family residential building lots and 15 common lots on 31.35 acres in an R-4 zone for Fulfer Subdivision No.3 by Kevin Powell - north of West McMillan Road and east of North Ten Mile Road: 11. FP 04-044 Request for Final Plat approval for 5 commercial building lots on 2.88 acres in an L-Q zone for Lvnwood Plaza Subdivision by Busterback Development, LLC - north of West Cherry Lane and east of North Ten Mile Road: 12. FP 04-045 Request for Final Plat approval for 53 single-family residential building lots and 10 common lots on 17.83 acres in an R-4 zone for Bridaetower Crossina Subdivision No.8 by Primeland Development, LLP - south of West McMillan Road and east of North Ten Mile Road: 13. Continued Public Hearing from July 6, 2004: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossina Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road: 14. Public Hearing: Sale of Property at Public Auction: 15. Water, Sewer and Trash Delinquencies: Meridian City Council Agenda - March 18,2003 Page 3 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 16. Ordinance No. AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for Maaic View Court by Larry Hellhake - 2855 Magic View Drive: 17. Executive Session per Idaho State Code 67-2345(1)(f): Meridian City Council Agenda - March 18, 2003 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ._,:Gi-.:;:...." DELINQUENCY FOR TURN OFF SCHEDULED FOR July 21, 2004 CYCLE 1 MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre-termination hearing at 7:30 P.M. Tuesday, July 20, 2004, before the Mayor and City Council, to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on July 21, 2004 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (N 0 response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the tum-offlist is $20.235.86. CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Jul 20, 2004 04:22pm Current Period: 08/05/2004 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No 0" {<) 880000001 Customer. Bill Cycle" 1 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 06/20/2004 05120/2004 04/20/2004 Date Amount 32,55.1560.1 101 ENTERPRISES 1.393.29 709.49 548.41 135.39 37.37.3002.1 2 MAC CONS CONSTRUCTION 21.08 17.60 3.48 06/2412004 3.48- 30.74.0727,1 ACORN APARTMENTS 45.62 29.94 15.68 07/0612004 28.96 - 30.74.3602.2 ADAMS, CYNTHIA 191.10 79.06 47.10 64.94 05/18/2004 136.18 - 23.02.2714.3 ADAMS, ROY & STACY 314.94 314.94 07128/2003 70.46 - 35.35.0190.2 AHEARN, THOMAS 84,90 42.94 41,96 06116/2004 42.94 - 20.46.4602.1 ALBERTSONS 2,004.63 1,330,38 674,25 07/19/2004 1,250.91 - 23.02,0490.2 AMBROSE, ROBERT 150,14 149,66 .48 07112/2004 80.00 - 37.37,3902.1 AMERICAN DREAM HOMES & DI 39.66 21,36 17.60 .70 04113/2004 15,98 - 23.01,1820.3 AMICK, SHIRLEY 39.02 38.04 .98 25.05.0160.1 ANDERSON, GORDON & JUDYT 84.82 70.12 14.70 06/08/2004 62.28 - 22.51.1384.1 ANDERSON/LOCKWOOD FOUNI 104.40 40.45 63.95 05/1812004 30.11 - 23.02.6300,1 ANSON. PATRICIA 110.84 100.98 9.86 06/1412004 70.00 - 30.74.2938,5 ASSET PRESERVATON INC 116.64 39.02 37.06 40.56 01/2112004 81.86 - 22.51.3370,1 ATWOOD, CINDI 113.36 67.32 41.30 4.74 04/2812004 72.80 - 37,37.3254,2 AUSTIN. ADAM & JESSICA 75.10 37.06 38.04 22.50.2000,1 BACHLEDA, DONNA 114.52 67.82 46.70 OS/2612004 58.46 - 22.51.0514,2 BAILEY, PEGGY 193.52 98.20 95.32 06/14/2004 122.52 - 23.02.3550,2 BAILEY, PEGGY 47.62 45.50 2.12 07/06/2004 55.00 - 30.74.2674.1 BAKER, ROBERT & TANYA 117.06 60.00 57.06 06/15/2004 66.86 - 20.46.0248.3 BARRY, C. & SCHWARTZ, J, 217.22 163.76 53.46 05113/2004 79.64 - 25.25.1078.2 BARTON, RANDY & JUDITH 36.14 32.38 3,76 05125/2004 51.00 - 22.50.1352.3 BAXTER, CRAIG 121.36 76.14 43.26 1.96 04115/2004 72.80 - 22.50.1022.1 BEACH, ROXANNE 403.27 240.06 163,21 06114/2004 65.51 - 22.50,1500.1 BEDDES, LARRY 106.52 57.61 48.91 OS/21/2004 52.77 - 24.04,2010.7 BELAIR, DENNIS 87.82 43.42 44.40 07/06/2004 39.66 - 22.51.2623.1 BENTLEY, DONALD 183.90 152.00 31.90 07/02/2004 57.38 - 35.35.3038.2 BERNHARD. MATTHEW 73.58 40.00 33.58 06/14/2004 52.30 - 30.74.1036.2 BEVINGTON, WILSON 74.24 39.08 35.16 05/14/2004 71.46 - 21.21.9094.1 BIG RIVER 43.26 31.95 11.31 05/14/2004 15.07 - 21.21.9114.1 BIG RIVER 21.52 13.97 7.55 05/14/2004 11.31 - 34.34.6106.2 BINDER, BRET 45.04 42.52 2.52 06/1512004 111.36 - 30.74.2724.1 BISHOP, CALVIN 58.40 51.34 7.06 07/1912004 60.00 - 24.03.0328.2 BISHOP, JEFFREY 106.52 35.32 71.20 OS/2112004 107.34 - 24.04.1834.1 BITONI, MARK 131.46 55.26 57.22 18,98 05/1112004 77.00 - 24,04.1250.2 BITTON, PENNY 68.36 34.18 34,18 06/10/2004 36.14 - 24,04.1140,2 BLASER, GLENN 43.04 21,52 21.52 23,02.1580,2 BLESSENGER, RONNIE & HAZE 105.80 47,06 28.88 29.86 04/2812004 28.88 - 30.74.2332,2 BOBKO. RAYMOND 88.65 51.18 37.47 06/16/2004 60.05 - 36.36.1000,2 BOEPPLE, SHELLEY 85.36 42,68 42.68 06103/2004 42.68 - 22.50.1726,2 BOESIGER, MAX 77,86 62,42 15.44 07/14/2004 50.00 - 24,04.0862,5 BOESPFUNG. DAN & KATHY' 75,10 38.04 37.06 22,50.3696,2 BOHN, HEATHER 113,52 69.28 44.24 05117/2004 69,04 . 30.30.6050.2 BONNEY. AARON 82.10 41.54 40.56 06110/2004 41.80 - 37.75.0120.1 BOONDOCKS FUN CENTER 3,194.10 3,170.77 23.33 06121/2004 1.494,65 - 30.30.6098.1 BORUP CONSTRUCTION 63.52 17.60 21.36 17.60 6.96 46.46.7090.1 BORUP CONSTRUCTION 31.48 11.48 3.48 16.52 46.46.6316.1 BORUP CONSTRUCTION 74.80 28.88 21.36 17.60 6.96 22.50.2194.2 BRAUN. STEPHANIE 96.00 37.26 28.88 29.86 05/17/2004 54.00 - 30.74.3974.2 BREEN, RICHARD 90.14 44.64 45.50 05/18/2004 83.00 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDlAN DellnQuent Account List- council Page: 2 Standard Payment Customers Jul 20, 2004 04:23pm Current Period: 08/05/2004 No Delinquent Minimum AmountDelinquent Balance last Pmt Last Pmt Cust No Name Balance Non-DellnQ 06/20/2004 OS/20/2004 04/20/2004 Date Amount 23.02.3370,4 BRIGGS, TERI 62.28 62,10 ,18 07/20/2004 50.00 - 23.01.3510.4 BRINEGAR, E. E. 68.48 64,22 4,26 07/09/2004 30.00 - 23.02.3712,2 BRINEGAR, E,E. 130.02 77,04 52.98 06/16/2004 51.02. 25.25.0188.2 BROWN, DENISE 75.88 38.42 37.44 06/15/2004 31,56 . 30.74.3284.1 BROWN, MICHAEL & LISA 87,00 44 .48 42.52 OS/26/2004 47.42 - 37.37,3640.2 BROWN, RICHARD 78.68 40.32 38.38 OS/27/2004 42,28 - 22.51.4010.4 BRUCK, JACK & DAWN 180.48 45.44 38.04 38.04 38.96 20.48,0354.1 BUCKLAND, WILLIAM 45.66 44.52 1.16 06/30/2004 34.00 - 23.02,2722.1 BURKMAN, JULIA 142.60 89.70 52.90 05/17/2004 79.50. 22.50.4008.2 BURNHAM,DARLA 292.74 196,36 91.94 4.44 04102/2004 77.68. 38.69.0182.1 BURNS, DONALD 73.40 36.70 36.70 05/18/2004 126.84 - 36,69.1618,1 BYRON, RONALD 74.90 37,94 36.96 05/18/2004 38.92. 24,03.0832.3 BYRUM, DARYL 121.46 62.20 59.26 06/16/2004 64.16 - 22,50.0728,1 C.F.1. INVESTMENTS 100,62 32.48 53.06 15,08 07/06/2004 30,00 - 20.46.0366.1 CADY, ALICIA 93,74 52.04 41.70 07/06/2004 49,54 - 21,21.9162.2 CALLISTER, DAVID & BECKY 50,78 42.25 8.53 21.21,9172.2 CALLISTER, DAVID & REBECCA 67,77 61.21 6.56 07/21/2004 51 ,42 - 24.03,0850.2 CAST, PETER & VERIONICA 86.66 45.78 40.88 06/09/2004 39,90 - 24.03,0304.2 CAVEN, STEVE & RITA 80.00 41.96 38.04 21.21,9010.2 CHILDRESS, JACK 49.80 42.25 7.55 21.21,9014.2 CHilDRESS, JACK 51.03 33.43 17.60 30.74,3666.2 CHRISTENSEN, KRISAUNDRA 94.98 47.00 47,98 05/14/2004 41.44 - 22.50.4016.3 CHRISTENSON, TAMI 91.98 62.16 29,82 06/01/2004 30.00 - 22.51.1174.2 CHRISTIANSON, ARTHUR & COI 71.41 29.99 18.83 22.59 OS/25/2004 22.59 - 22.51.1170.2 CHRISTIANSON, ARTHUR & COI 34.63 12.01 11.31 11.31 OS/25/2004 11.31 - 32.32.4844.2 CHRISTOFFERSON, ANDY & RE 124.40 61.22 63.18 05/18/2004 63.18 - 32.32.4850.1 CITADEL BUILDERS 43.36 32.64 7.24 3.48 25.25.0160,2 CLARK, CORTNEY 59.06 35.58 23.48 05/17/2004 31.66 - 23,01.2020,2 CLEMENTS, ROBERT OR TONI 55,80 27.90 27.90 OS/24/2004 32,80 - 25,05.0344,1 CLIFF, DWIGHT 61,14 60.64 .50 06/24/2004 49,36 - 30.74.3360,1 COLE, DEBRA 38.05 34.18 3.87 06/23/2004 31 ,23 - 22.51.4170.4 COLSON, HOWARD 81.16 51.14 30.02 05/10/2004 45,50 - 23.02.0956.1 COLTRIN, TODD & CANDY 101.02 81.82 19.20 06/15/2004 62.00 . 32.55.1600.1 COMFORT SUITES 289.02 101,27 33.59 154.16 24.04.0888.1 CONNELL, DION 226.02 121,52 77.40 27.10 07/19/2004 77.40 - 23.02.1920.1 CONRADI, LINDA 117.18 116,50 .68 06/30/2004 80.00 - 23.02.0640.1 COPE, LINDA 94.80 69.60 25,20 OS/24/2004 40.00 - 24.04,0120.2 CORONA. JUAN & ROMONA 114.70 66.02 28,68 06/17/2004 80.00 - 24.04,1746.1 COSGROVE, AMY 113.80 71.26 42.54 06/15/2004 50.00 - 35.35,0228.1 COVINO, PETER III 92.68 46.44 46.44 05/16/2004 93.86 - 25.05,0662.2 CRANE, JACK 110.46 55.74 54.72 06/14/2004 45.00 - 22.22,0590.1 CREEKSIDE ARBOUR 8.92 5.44 3.48 29,07,1064.1 CRESTWOOD CONSTRUCTION 54.00 32.64 21.36 06/28/2004 17.60 - 22.51,3260.1 CRW HOLDINGS LLC 243.50 123.98 119.52 06/07/2004 119.52 - 22,50.4574.3 DAROSA, JOE 169.20 36.40 66.40 66.40 05/19/2004 36.40 - 23,02.6890.2 DAVIS, DOUGLAS 122.14 63.52 58.62 OS/25/2004 39.02 - 22,50.0288.6 DAWSON, CAROL 155.82 58.18 56.66 40.96 22,51.2628.1 DELSMAN PLASTICS 32.80 25.25 7.55 31,52.0976.1 DEPT OF ADMIN 75.26 37.63 37.63 05/18/2004 37,63 - 23.02.1610,1 DES1LET, DENICE 95,20 79.24 15.96 06/25/2004 30,00 . 29.07.0976,1 DESPOT, DAVID 57,90 28.46 29.44 05/18/2004 67,38 . 22.50.0598.2 DEVIN SORENSEN 44.02 24.46 19.56 03/16/2004 14,58 . 24.04.1726.2 DINES, KELLY 82.28 62,86 19.42 04/28/2004 53.64. 22.50.0204.1 DIPAOLA, JONATHAN 64.68 35.42 29.26 06/14/2004 60.00 - 30.74.3600.2 DIXON, DAVID 71.30 37,12 34.16 OS/28/2004 41.04 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers Jul 20. 2004 04:24pm Current Period: 0810512004 No Delinquent Minimum AmountDelinquent Balance Last pmt Last Pmt Cust No Name Balance Non-Delinq 06120/2004 OS/20/2004 04120/2004 Date Amount 30.30,5026,1 DLB LLC 16.85 13.37 3.48 30.30.5036,1 DLB LLC 16.85 13.37 3.48 24,04.2282,1 DRURY, PATRICK 138.30 72,58 65.72 05/18/2004 110.20 - 25,25.1060.3 DUNSWORTH, BRAD & JODI 80.58 42.68 37,90 06/0 1/2004 50.00 - 24,04.1958.1 DUPLEX. KENNETH & DONNA 159.86 80.42 79.44 06/28/2004 70,62 - 21.48.1633.1 EDDY'S BAKERY 119.22 90.26 28,96 06/01/2004 13,18 - 30.74,3678.2 EDWARDS, DEARL W 84.38 42.68 41.70 06/15/2004 45.36 - 22.50,2226.2 EITCHES, ROBERT 89.50 71.90 17.60 06/2512004 43.92 - 22.50,1242.3 ERHART, MILT 131.62 72.48 42.68 16.46 07102/2004 25.00 - 22.50,1240.4 ERHART, MILT 7.88 7.88 25.05.0700,1 EVANS, ANDREW 198.14 105,36 92.78 06/16/2004 70.00 - 20.47.0018,1 EVANS, JAMES 64.32 34.88 29.44 06/0 1/2004 60.02 - 22,50.3822.1 EVANS,M.SHAE 93.92 53.60 40.32 06/08/2004 42.28 - 30,74.2688.1 EVANS. STEVEN & KRISITE 105.48 58.62 46.86 05112/2004 88,00 . 24,04.1940.2 EXNER, VERNON & ELIZABETH 62.97 62.70 .27 07/13/2004 60.47. 30.74.3614.1 FACKRELL, THOMAS 142.14 65.94 37.12 39.08 05/14/2004 31.40. 20.46,0212.1 FINLAYSON, CRAIG 128.19 58.58 51.18 18.43 06/10/2004 62.00 . 30.74,2568.2 FINLEY, JEFFREY 130.72 69.38 39.98 21.36 06/1712004 17.60 - 30.74,1006.1 FISHEL, GEORGE 301.37 142,39 158.98 08114/2004 101.23. 29.57,0136.1 FRANKLIN INVESTMENT CO 15.10 7,55 7.55 23.01,1200.2 FRED SCHIMPH 130.34 64.68 65.66 06/09/2004 61.84 - 22.50.4518.5 GAMBLIN. MIKE 101.80 67.76 34,04 07/12/2004 20.00 . 22.50.1996.2 GARCIA, CHRISSY 53.19 48.54 4.65 06117/2004 40.00 - 24.04.1430.2 GAYMON, GREG & ALISON 96.80 94.48 2.32 07119/2004 100,00 - 23.02.2578.2 GINGRICK, KENT 126,86 79.48 47.38 06121/2004 40,00 - 23,02.1170.3 GODBY. ORVILLE & PHOEBE 128.40 65.94 62.46 06/15/2004 97,38 - 20.46.0622.1 GONZALES. JOHN 50.10 47.30 2.80 06/15/2004 60,00 - 37.37.3366.1 GO CONSTRUCTION 46.20 21.36 17.60 7.24 07119/2004 25.82 - 22.50,3908.1 GRAHAM, JOHN & KIITHLEEN 121.34 78.92 42.42 06/15/2004 60.00 - 20.46.0574.2 GREATHOUSE, CHARLES & OAF 63.20 35.30 27.90 05/18/2004 32.80 - 24.04.1146.2 GREEN LANCE & GLORIA 93.78 37,38 56.40 06/18/2004 34.44 - 24.04.2276.2 GROAT. DARLA 253.17 16,72 41,54 53.30 141.61 04116/2004 102.68 - 23.02.4290,1 GROSSO, SHADOW 80.24 25.12 55.12 05/19/2004 71.60 - 24.03.0034.1 GROUND, JENNIFER 118,72 40.88 37.94 39.90 05/17/2004 38.92 - 32.32.4144.1 GUARANTEED QUALITY HOME~ 16,37 12.89 3.48 32.32.4104,1 GUARANTEED QUALITY HOME~ 23,90 20.42 3.48 20.47.0066,1 GUNDERSON, LEE 188.88 106.96 81.92 06/07/2004 82,90 - 24,04.1620,7 GUYMON, GREG & ALISON 119.07 38.36 80.12 .59 OS/21/2004 115,00 - 24.04.1296,3 HALES. SCOTT & AMANDA 119.04 59.52 59.52 06/15/2004 61.48 - 24,04.0694.2 HALL, PAMELA & GLEN 54.40 41.14 13.26 06/15/2004 50,00 - 24,04.1790.3 HAMMER. MARCIE 146.82 15.62 36.14 66.14 28,92 05/05/2004 10,00 - 23,01.0020.1 HAMMOND OD, THOMAS R 99.34 99.30 .04 06/16/2004 142,00 - 20.46,0434.2 HAMMONS, CURTIS & CARLA 111.86 48.38 63.48 06/16/2004 40.00 - 30.74,2662.1 HANSEN, DAVID 115.28 57,64 57.64 06/16/2004 53.72 - 23.02,0906.1 HARMON, ROBERT K, & R HALL 68.02 40,16 27.86 06/11/2004 50.00 - 23.02,0422.4 HARRIS, WILLIAM 173.44 167,84 5.60 06/11/2004 60.00 - 22.50.0218.2 HARWOOD, DONNA L 44.80 31.40 13.40 07/06/2004 18.00 - 30.74.0690.2 HATCHER,PENNY 31,82 30.84 .98 07/21/2004 30.84 - 20.46.0260.1 HAYES, MARCIA 65,62 39.94 25,68 05/18/2004 79.16 - 24.03.0336,1 HAYS, ROGER 49.26 25.12 24.14 05/14/2004 46.48 - 34.34.5080,1 HEARTLAND CONSTRUCTION 80.76 33.32 27.44 36.69.0694,2 HEATON, CHAD & HEATHER 84.90 44.48 4D.42 06/21/2004 45.00 - 30,74.2440.2 HERBERT, RANDY & EMILY 46.76 42.84 3.92 07/06/2004 40,88 - 21,21.9118.3 HERMANSON. BRYAN & KIIRI 87.00 43.23 43.77 OS/21/2004 99,94 - 25.05.0220.1 HESSING, WILLIAM 261.34 151.06 110.28 06/16/2004 1 25.58 - ... in Msg column indicates no Notice is to be sent { CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Ju120, 2004 04:25pm Current Period: 08/05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 06/20/2004 OS/20/2004 04/20/2004 Date Amount 24.03.0036.2 HESTER, CHRISTINE 121,28 55.74 65.54 06/16/2004 40.06 - 24.03.0094.2 HESTER, CHRISTINE A 71.62 37.28 34.34 06/16/2004 35.32 - 22.51.0928.3 HICKEY. FA 784.14 154.14 154,14 149.24 326.62 07/08/2004 19.41 - 22.51.3580.1 HIGGINBOTHAM, RON 264.68 163.48 101,20 06/16/2004 93.40 - 36.36.0200.1 HIGH DESERT CONSTRUCTION 35.20 17.60 17,60 07/12/2004 33.06- 24.03.0126.1 HILL, W THOMAS 104.96 55.42 49,54 06/15/2004 44,32 - 29.07.1096.2 HISLOP, TOM & HATCHER, PEN 32,64 31,66 .98 07/21/2004 31,66 - 25.05,0722.2 HOLLEY, ANNA 252.06 127.50 124.56 06/16/2004 109,86 - 30.74,0344.2 HOOK, SHIRLEY 60.14 48.16 11.98 06/22/2004 40.00. 22.51.0678.1 HOOVER, L YND 77.56 57.18 20.38 OS/27/2004 37.98 . 30.30.6128,2 HOUDE. RICHARD & CATHRYN 40.78 35.42 5,36 06f29/2004 35.00 - 36.69.1276,2 HOWARD, DONALD & CAROLYN 95.68 31.24 31.24 33.20 04/21/2004 35.32 - 23,01.0420.1 HOWARD, TREVIS 129.84 49,92 42.52 37.40 05/18/2004 70.00 - 30.74.3538.2 HOWE, RICHARD & LAUREN 69.70 69.66 .04 07/15/2004 53.00 - 22.50.0226.1 HOWELL, JAMES 93.08 66.57 26.51 03f04/2004 693,00 - 35.65,0704.2 HUBBARD, SCOTT & ERICA 44.74 39.18 5.56 06/23f2004 37,38 - 22.51,0714.2 HUMPHREYS, JOHN 46.88 36.28 10.60 06/16/2004 60,00 - 36.69.0749.1 HUNTS BLUFF HOMEOWNERS J 80.54 53.46 18.18 8.90 04f20/2004 50.00 - 36.69.0747.1 HUNTS BLUFF HOMEOWNERS J 47.68 19.16 9,36 19.16 03/22/2004 6.42- 24.04.1914.4 HYDE, JOHN 184.08 97.92 86,16 06/10/2004 120.46 - 25,25.4024,2 HYMAS, AARON 93.32 31.66 61,66 06/15f2004 34.80 - 22,50.1586,3 I AND F ENTERPRISES. LLC 182.13 161,80 20,33 35.36.7910.1 IDAHO BANKING CO 30.14 11.31 18.83 31 .52.0750.1 JABIL CIRCUIT 15.10 7.55 7.55 05/10/2004 15.10 - 36.68.0046.1 JACOBSEN. JASON & LIANNA 108,42 35.16 35.16 38.10 05f13f2004 35.16 - 22.50.4506.1 JACOBSON, BETTY B. 90,56 31.82 28.88 29.86 05f27 f2004 65.28 - 35.65,0666.2 JAMESON, BRETT 68,36 34.18 34.18 OS/21f2004 33.20 - 25.25.0024.1 JEFF MANSHIP 50.68 23.88 26.80 05/1 012004 80.00 - 22.51.0302.7 JEPSON. MIKE & JAMIE 89.02 52.62 36.40 06f21/2004 36.78 - 30.74.2532.2 JERYLE MILLER 104.96 53.46 51,50 05f18/2004 37.16 - 32.32.4830.1 JEWETT, JAMES L 32.08 25.12 3.48 3.48 20.46.0264.4 JOHANSEN FAMILY TRUST 136.40 91.50 44.90 06/07/2004 71.16 - 30,74.3642.2 JOHNSON, KEVIN 98.22 51.18 47.04 06/14/2004 60.00 - 20.47.1036.2 JONES, FAROL 87.98 65.04 22.94 06/15/2004 62.94 - 24,04.1138.2 JONES, NATHAN & SARAH 62,80 31 .40 31.40 06/16f2004 31.82 - 24,04.1766.3 JONES, STEPHEN & CONNIE 118.00 42.60 75.40 04/01/2004 102,96 - 20.46.0840.4 JUDY, VICTOR 64.54 41.74 22.80 06/16f2004 40,00 - 35.35.1460.2 KAMCHATHPHAY, C & BOUALA' 97.46 48.24 49,22 05/14/2004 51.18 - 22.50.4638.1 KEENE, JAMES 232.42 152.92 79,50 06/11/2004 100.00 - 23.02.0426.2 KILMARTIN, E. JAMES & CAROL 135.42 57.26 42,02 36.14 05/14/2004 46.44 - 24.04,1730.1 KING, WILLIAM 84.02 75.20 8,82 07102/2004 77.16 - 23.02,0966.1 KLAR, ROBERT & LILLIE 86.84 42.44 44,40 05/18/2004 68.38 - 22.51.3570.4 KNOX, JERRY & NORMA 106.48 104.86 1.62 07/19/2004 50.00 - 24.04.2304,1 KOYLE, RUSSELL 132.40 67.18 65.22 06/09/2004 61.30 - 20.46.0852.1 KRISHNEK, JOHN 89.46 30,42 59.04 03/11/2004 31.40 - 20.46.0218.4 KUEFFLER, CLARENCE 129.84 48.54 37.22 44.08 05/18/2004 38.56 - 22,50.4642,3 KUGEL, LISA 187.00 114.28 65.72 7.00 07/08/2004 50.00 - 22,50.0512,2 LANDER, ANTHONY 156.06 33.10 122.96 02123/2004 55.00 - 22.50.4268,2 LANHAM, PATRICE 166.62 96.42 70.20 06/16/2004 51.18. 23.02.4490.2 LARSON, LEIF 135.40 65.82 64,84 4.74 06/09/2004 50,00 - 30.74.3250.2 LEVITT, MONTE & JULIE 90.44 43.26 47,18 06/0712004 35.42 . 23.02.4520.2 LONG, JODIE 58.90 55.36 3.54 07f21 12004 50.00 - 20.46.0636.3 LYLE, SARAH 71.04 41.18 29.86 OS/25/2004 32.80 - 22.50.0140.1 LYNN, DEE R. 50.45 49.64 .81 07/08/2004 50.00 - 23.02,4480.1 MADRID, JOSEPH F 129.40 81.66 47.74 06/16/2004 76.76 - ... in Msg column indicates no Notice is to be sent ( "" CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Jul 20, 2004 04:26pm Current Period: 08f05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 06/20/2004 OS/20/2004 04/20/2004 Date Amount 23.02.1410,1 MADSEN, JOHN 125.64 70.44 55.20 05/14/2004 110,56 - 22.50.2336.1 MAGNUSON, ERIC 116.22 48,28 67.94 05/19/2004 81 .76 - 22.50.1686.5 MAHATHY, ANTHONY 104.22 56.30 47.92 05f18f2004 54.78 - 22.50,1676.4 MAHATHY, ANTHONY 100.60 61.84 38.76 06/21/2004 37.78 - 22.50.2550,3 MANUS, AN 10 GENERAL PARn 127.64 66.05 61,59 06/15/2004 243.22 - 23.02.1510,1 MANWARING, MARK 72.28 41.02 31.26 06f08/2004 35.00 - 30,74.2642,1 MANWARING, MARK 126.82 61.64 64.58 .60 06/16/2004 63.00 - 22.51.0486.1 MARCH, RICHARD 189,24 135.24 54.00 06/16/2004 135.00 - 24.03.0056.2 MARCHANT, KIMBERLY 52.68 48.88 3.80 07/14/2004 50.00 - 23.02,2300.3 MARINO, JERALD & LAURA ANN 98.76 38.06 60,68 OS/21/2004 114.70 - 29.07.0900.2 MARK WOOD 224.14 108.70 57.72 57.72 05/17/2004 53.96 - 36.69.0156,3 MARQUIS, RON & SANDRA 55.36 48.66 6.70 06/23/2004 40.98 - 25,25.0136.2 MARTIN, DAVID & SHERRIE 147.72 59.84 87.88 05/19/2004 106.94 - 30,74.3628.3 MARTINEZ, RICHARD 72,32 45.62 26.70 06/25/2004 45.00 - 24,04.1548.2 MARX, JANA & BRADLEY, JON 191,06 102.88 88.18 06/15/2004 85.24 - 36.69,2258.4 MCCANDLESS, DOUG 184.85 184.85 11/19/2003 40.00 - 30.30,6230.2 MCCAVLEY, BRIAN 83.92 41.96 41,96 31.52,0310.1 MCDONALD'S 527.26 523.78 3.48 06/25/2004 467.38 - 22.51,3246.1 MCKAGUE, RICK 44.63 42.56 2.07 07/19/2004 45.00 - 23.02.4870.4 MCKINLEY, JUNE 154.99 63.86 91.13 06/15/2004 91.70 - 30,74.2384.8 MCKINLEY, JUNE OR BOB 70,62 55.10 15.52 06/08/2004 116.64 - 20.46.0558,2 MCKNIGHT, DANIEL 117,12 75.00 42.12 06/16/2004 57,80 - 23.02.3892.1 MCNALLEY, RUSSELL 82,50 50.08 32.42 06/18/2004 70.00 - 23.02.4500.1 MCNETT, DARREN 76.62 43.92 32,70 06/21/2004 62.00 - 23.01.2730.1 MELLEN, ANGELA 230.22 135.96 94.26 06/16f2004 83.90 - 30.74,3696.1 MILLER, GREGORY & ERICA 111.62 77.18 34.44 06/16/2004 75.22 - 22.50.2352.2 MILLER, SARAH 82.28 30.40 25.94 25.94 04/30/2004 21.36 - 24.04.1634.1 MOORE, RUSSELL C 99.16 39.00 31.16 29.00 06f10/2004 60.00 - 37.37.3030,1 MORGAN CREEK HOMES 10.44 3.48 3.48 3.48 24,03.0889,1 MORNING GLORY #2 HOA 13,92 3.48 10.44 20.47.0006,1 MORRISON, RUSSELL 208,54 106,50 102.04 06/01/2004 103.02 - 21.21.9090.2 MURDOCK, CLAYTON 68.28 41.27 27.01 35.35.1208.2 MURPHY, TERRY & CAROL 72.14 36.56 35.58 05/1212004 39.50 - 25.25.1104.2 MUSTAGOG, ALBERT 31.52 23.88 7.64 06/17/2004 20.00 - 35.65.0450.1 NELSON, MARILYN 83.34 80.46 2.86 06/16/2004 100.00 - 24.04.1446.2 NEWBERRY, PAULA 81.80 61.80 20.00 07/06/2004 65.72 - 22.50,0034.1 NEWMAN, TIM 119.80 41.34 31.98 25.12 21.36 04/1412004 55.12 - 22.51.0390.1 NORA, LLC 74,06 37.03 37.03 OS/25/2004 29.51 - 20.47.1224,2 NYLAND, BRIAN & ANGELA 79,24 45.76 33.48 05/17/2004 103.00 - 30.74.3352,2 O'LEARY, MIKE & WEBB, ERIC 100,98 40.00 60,98 05/1212004 86,86 - 25.25.0086.1 OLIVER CLEAVER 17.31 13.83 3.48 25.25.0084.1 OLIVER CLEAVER 17.31 13.83 3.48 36.69,0486.1 OLIVER, CHARLES 155.96 81.90 74.06 06/15/2004 9.14 - 24.04,0914.1 OLSEN,H,DEAN 115.78 37.94 38.92 38.92 04/1212004 70.32 - 30.74,3418.3 PALMERTREE, CONSTANCE & E 126.86 51.76 38.04 37.06 30.74.3394.2 PARKER,RUSS 41,62 41.14 .48 06/17/2004 40.00 - 23.02.6710.2 PARR, RYAN 57,76 28,88 28.88 06/15/2004 56,78 - 36,69.2276.2 PEART, JOHN OR ERICA 130,72 58.12 48,32 24.28 05/19/2004 20.12 - 35.64.0018.2 PETERSON,RANDALL 64.74 33.36 31,38 06/01/2004 30.42 - 30.30.0002,1 PETRAINC 37.66 11.31 18,83 7.52 20.46.0874.1 PETTINGILL, C. BLAINE 74.86 66.16 8.70 06/24/2004 53.00 - 36.69.0988.2 PFIEFFER, JOANNE 260.48 155.72 104.76 OS/21/2004 92.02 - 23.01,3130.2 PHILIPS, ROY 97.02 54.66 42.36 06/15/2004 42.36 - 24.04.1164.2 PHILLIPS, DAVID 89.32 68.40 20.92 05/18/2004 71.34 - 30.74.3000.1 PHILLIPS, RICHARD 92.56 45,30 47.26 06/0212004 50.20 - ... in Msg column indicates no Notice is to be senl / f I CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Jul 20, 2004 04:27pm Currenl Period: 08/05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pml Cust No Name Balance Non-Delinq 06/20/2004 OS/20/2004 04/20/2004 Date Amount 37.37.3868.3 PICCOLA, NATALIE & JASON 74.11 39.18 34,93 06/23/2004 45,00 - 36.36.1020.1 PIERCE, ROBERT 55.80 28.88 26,92 OS/24/2004 54.00 - 20.47.1110.3 PIERCE, WILLIAM & LAURA 146.30 64.06 41.96 40.28 05/18/2004 62.00 - 36.57.0003.1 PINNACLE FITNESS 419,54 223.98 195.56 05/24/2004 114.50 - 36.57,0002.1 PINNACLE FITNESS 820.56 406.52 414.04 OS/24/2004 462.92 - 24.03.0852.1 POFFENBERGER, EUGENE & El 128.48 61,12 43.48 23,88 05/05/2004 27,64 - 23.02.1840.2 PORTENIER, ROBERT & RACHE 106.68 60,96 45,72 06/15/2004 45.72 - 23.02.0460.1 POTTER, MICHAEL & CONNIE 110.76 53.46 57,30 0511812004 104.44 - 22.51.0854.4 POYSER, MORGAN 66.26 33.62 32,64 05118/2004 32.64 - 23.02.0418.2 PRICE, DOUGLAS 179.86 110.78 69.08 06/15/2004 77.78 - 23.01.3490,3 PRIEST, DONNA 15.25 15.25 06/15/2004 61.74 - 35.65.0610.2 PRIMEAUX, MARK & KATRINA 46.44 45.46 .98 23.01,0100.2 PYLlCAN, WOODROW A. 131.29 131.29 0211812003 45,26 - 30.74,0902.2 RACKHAM, LARRY 43.72 23,33 20.39 06/15/2004 46,66 - 22.50.2390.2 REED,LORETTA 106.34 104.60 1.74 0711912004 78.80 - 23,02.0412.2 REID, JOHN 246.30 156.06 90.24 06116/2004 71.62 - 22.50.0258.4 ROBBINS, ELLEN 162.12 93.40 61.66 7.06 05/19/2004 75.00 - 22.50.0256,2 ROBBINS. ELLEN 201.34 91.66 78.98 30.70 05/19/2004 75.00 - 36.36.1038,1 ROBERT PIERCE CONSTRUCTII 16.85 13.37 3.48 36.69.0422,1 ROBERTS. DOUG 50.80 47.26 3.54 06/1012004 60.00 - 24.04.2096.8 ROBINSON, RICHARD & PRICILl 54.22 53.72 .50 06/15/2004 104.00 - 22.50.4534.1 ROCKE, SEAN 45.50 22.34 20.38 2,78 05/1212004 19,16 - 22.51.3214.2 ROEHR,ClINT 81.93 54.90 27.03 06/15/2004 40,00 . 35.35.0105.2 ROONEY, BRUCE & PAIGE 97.98 49.48 48.50 06/01/2004 48.82 - 30,30.6298.2 ROSE, SHONA 44.90 41.96 2.94 31,52.0269.2 ROUND TABLE PIZZA 76.88 67.18 9.70 03/10/2004 13.40 - 23.02.0896.2 ROWELL, DAN 122.48 59.28 63.20 05/18/2004 113.50 - 22.51.1317.1 R-TEC CORPORATION 201.44 151.02 50.42 03/0212004 6.96 - 22.51.1318,1 R-TEC CORPORATION 81,55 6.42 75.13 06/15/2004 71.37 - 20.47.0074,2 RUMSEY, PHILIP & JENNIFER 133,74 58.02 75.72 06/1612004 46.70 - 30.74.3432.2 SAGER, LEE & NADEAN 67,94 46.60 21,34 07/0212004 21.34 - 24.04.0548.2 SAUER, DAVID 150,00 42.42 72.42 35,16 06/10/2004 77.74- 30.74.2890.3 SCHAFFER, ROBERT 116.76 59.84 54,94 2.00 06/16/2004 56.86 - 35.65.0872.4 SCHILD, LES 29.50 16.22 13.28 06/23/2004 31 ,02 - 22.51.3720.2 SCHOW, BART & ALISSA 191.82 107.94 83.88 06116/2004 58.52 - 34.34.6068.1 SCHROEDER ENT 21.08 17.60 3.48 37.37.5026.1 SCHROEDER ENT 52.56 49.08 3.48 46.46.7004.1 SCHROEDER ENT 28.32 21.36 3.48 3.48 04/21/2004 4.46- 25.05.0414.3 SCOTT, EDWIN & KATHY 224.86 133.80 91.06 06/16/2004 96.02 - 29.07.0984.1 SCOTT, JASON 61.82 30.42 31.40 05/1712004 63.78 - 35.35.2392,2 SEMMER, CHAD & MARY 63.44 35.42 28.02 06/1612004 52.62 - 35.64.2028,2 SEXTON,MARY 106.28 54,12 52.16 06/15/2004 54.12 - 23.02.4270.2 SHAFFER, RAYMOND 84.94 47.42 37.52 07/13/2004 50,00 - 23.02.0476.1 SHAW, EVA 157.48 98.52 49.96 9.00 06/20/2004 100,90 - 30.74.0322.2 SHELDON, PAM 128.52 58.96 58.96 10.60 06/0712004 50.00 - 22.50.3694.3 SHElTRON, ROGER 119.48 53.34 66.14 0512112004 89.50 - 30.74.3248.1 SHIELDS, KELLEY 191.74 120.56 71.18 06116/2004 140.00 - 30.74.3096.1 SIGMOND. SERGIO 97.46 52.16 45.30 06/14/2004 78.24 - 25.25.0068.1 SIGNATURE HOMES 35.20 17.60 17.60 05/13/2004 6.96 - 25.25.0070.1 SIGNATURE HOMES 145.44 41.36 104.08 05/13/2004 6.96 - 22.50.1920.5 SlLVEY, BRYAN 39,68 39,62 ,06 07/0612004 34.18 - 36.69.1292.3 SIMMONS, BRETT 143,70 80,18 63,52 05/1212004 60.58 - 30.74.2506,3 SIMPSON, KENNETH & AMY 154,38 60.72 93,66 06/15/2004 48.08 - 37.37.3258.2 SKINNER, PAUL & TRACY 88,96 45.46 43,50 06/15/2004 45.46 - 23.02.0380.1 SKIVER, WAYNE D 50.15 49.95 ,20 07107/2004 80,00 - ... in Msg column indicates no Notice is to be sent " r CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Jul 20, 2004 04:27pm Current Period: 08/05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Definq 06/20/2004 OS/20/2004 04/20/2004 Date Amount 23.0U020.1 SLAY, LAWRANCE 204.46 71.48 73.10 40.16 19.72 06/15/2004 40.16 - 37.37.3618.2 SLENDER, LEONARD & LillY 56.46 55,68 .78 06/01/2004 50.00 - 30.74.1118.2 SLYTER, GORDON 58.66 58.30 .36 07/19/2004 30.00 - 22.50.2140.2 SMITH, DillON & NICOLE 106.81 58.58 48,23 05/18/2004 16.27 - 22.51.0498.1 SMITH, KARL 149.44 72,88 46,86 29.70 05/18/2004 44.28 - 22.50.0150.2 SMITH, RON 105.64 13.76 31,50 31.50 28.88 03/16/2004 32.64 - 22.50.1934.2 SMITTY INVESTMENTS l.l.C, 105.18 62.66 42,52 OS/21/2004 44.48 - 22.51.3090.3 SOL TAU. CYRil 83.94 48.12 35.82 06/16/2004 36,80 - 32.32.4822.3 SOMAZZI, ROGER & JENNIFER 53.24 45.46 7.78 06/28f2004 45.00 - 24.03.0038.2 SPANGENBERG,TODD 56.12 30.02 26.10 05/1 8/2004 67.84 - 36.68.00to.3 SPEISER, JEFF & MARGARET 93.90 51.34 42.56 06/10/2004 50.00 - 30.74.2594.1 SPJUTE, CARL & DEANNA 155.94 77.48 78.46 06/10/2004 79.44 - 24.03.0426.2 STAGGERS, PERRY 317.84 194,62 123.22 06/17/2004 195.00 - 22.50.0472,1 STOPPELlO, ANTHONY 148.78 117,78 31.00 05f25f2004 27.08 - 22.50.0476.1 STOPPElLO, ANTHONY 64.84 35,14 29.70 05f25f2004 29.70 - 22.50.0464.1 STOPPELLO,ANTHONY 61.24 33.34 27,90 OS/25/2004 27,90 - 22.50.0468.1 STOPPElLO, ANTHONY 68,10 40.20 27.90 OS/25/2004 28.88 - 30.74.3322.4 STYER,MACADE 63.43 41.96 21.47 07/14/2004 21.47 - 22.51.1160,2 SWCR 22.34 14.79 7.55 04/30/2004 3,79 - 36.69.0484.6 TADEVIC, TOM 129.50 65.24 64.26 06/11/2004 65,24 - 22.51.0906.1 TAGGART, RETA 80.00 50.96 29.04 05f26/2004 22.40 - 30.74.2698.2 TAYLOR, DARRELL 67.10 44,56 22.54 07l12f2004 57.76 - 20.47.0052.4 TENNANT, ROBERT & CONNIE 131.66 63.08 47.84 20,74 06/23/2004 50.00 - 29.57.0104.1 THE PERFECT CUP 45.21 15,07 15.07 15.07 04/12f2004 41.45- 35.35.2416.2 THURBER, MICHAEL & $HARUA 90.78 45,88 44,90 06/07/2004 48.82 - 23.02.2200.3 TODD, RICK 68.08 38,08 30,00 07/21/2004 31.66 - 33.33.9074.1 TOUCHMARK OF TREASURE W 20.01 14.01 6,00 33.33.9090.1 TOUCHMARK OF TREASURE W 26.69 25.29 1.40 06/25/2004 4.60 - 33.33.9096.1 TOUCHMARK OF TREASURE W 35.20 17.60 17.60 23,23.1001.1 TRAMORE SENIOR COMMUNIn 1,054.14 859.56 194.58 06/17/2004 241.62 - 46,15.0001.1 TUSCANY LAKES HOA 111.38 27.00 27.98 56.40 24,04.1254.2 U.S. DEPT OF HOUSING 141.85 13.24 29.85 52.32 46.44 04/06/2004 35,16 - 22,51.1144.2 VANCE, JIM & DERRIAN 76.68 4.97 7.55 7.55 56.61 24,04.0522.3 VERNON, JACK & CAROL 141.56 54.70 40.00 46.86 22,50.4566.2 VICTORY, MICHAEL & YUNSUK 41.08 21.52 19.56 23,02.1480.5 VIEW POINT SERVICES-AFFINI1 486.22 296.23 189.99 06/14/2004 224.15 - 23.02.1430.4 WADDOUPS, DOROTHY 71.36 43.30 28.06 06/15/2004 47.46 - 23.01.3340.1 WALSH, RON 136,52 136,52 01/16/2002 29.17 - 25.25.4528.2 WARD, JENNIE 48.66 20,38 20,38 7.90 02f10/2004 86.64 - 24.03.0302.2 WATTS, MELVIN & SONDEE 93.20 46,60 46.60 06/15/2004 86.30 - 22.50.2088.2 WATTS, WALTER 63.21 62,76 .45 06/24/2004 48.05 - 22.51.3310.2 WEBB, MICHAEL 89.68 41.41 48.27 06/17/2004 40.43 - 36.53.0502.1 WESCO 626.83 413.22 213.61 05/27/2004 295.82 - 36.69.2298.1 WESEMAN, DIANE 131.12 70.46 60.66 05/27/2004 61.64 - 35.35.0087.2 WHEELER, JOSHUA & HEIDI 117.84 41.70 75.62 .52 06/09/2004 80.00 - 25.25.0148.2 WHEELER, LANCE & LORI 46.29 42.12 4.17 07/12f2004 35,01 - 30.74.0064.2 WHITSITT, JOSEPH 149,90 91.74 58.16 06/16/2004 70,00 - 30.74.3708,3 WilBURN, STEVEN 82,72 41.86 40.86 06/14/2004 62,00 - 25,05.0462,3 WilliAMS. EUGENE & JENIFER 75,05 56.82 18.23 06/23/2004 50,00 - 30.74.0356,1 WilSON. DEANA 132,42 68.66 63.76 06/10/2004 58.86 - 30.74.0094.4 WINWOOD, RANDY & CATHlEEI 107.72 55.52 52.20 06/25/2004 61.00 - 20.47.1204.2 WIXSON, RYAN 135.50 59.88 75,62 05/21/2004 84.38 - 25.25.1040.3 WOLDEGOBREAL, LULU 140.38 88.62 51,76 06/16/2004 76.86 - 36.65.3094.4 WOOD, BRETT & JENNIFER 44.90 41.96 2,94 24.04,1560.1 WOOD, JONATHAN 60.40 56.40 4.00 06/22/2004 58.36 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Jul 20, 2004 04:28pm Current Period: 08f05/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 06/20/2004 05(20/2004 04/20J2004 Date Amount 22.50.3692.1 WOOD, MICHAEL 107.12 36.28 60,84 10.00 06114(2004 22.80 - 35.35.1018.2 WRIGHT, RANDALL & KIRSTEN 11.44 11.44 03/30/2004 64.08 - 22,50.2426.1 WYATT, SAMUAL 100.34 94.12 6.22 06/15/2004 109,26 - 30.74.0372.3 YELTON, LAURA 141.38 53.24 88.14 05/19/2004 110.02 - 36.68.0158.1 YOKOM, TOM 86.34 43,66 42.68 06/11J2004 40.98 - 23.02.0650.2 YOUNG, AUSTIN L 99.08 38,22 30.82 29.84 ,20 05/14J2004 25.06 - 22.50.2338.2 YOUNGER, RUSSELL 77.72 43,54 34.18 06/15/2004 36.14 - 22.50.3784,1 ZAVALA, JOSE 130.04 47.72 39.34 41.30 1.68 05/25/2004 60.00 - Grand Tolals: 48,825.16 28,589.30 16,147.53 2,338.49 1,749.84 Report Criteria: Terminated customers not inCluded Cuslomer,Cust No 0 = {<} 880000001 Customer,Bill Cycle:: 1 ... in Msg column indicates no Notice is to be sent RESOLUTION NO 04--1-.!G' BY: /<eill.-;j i}-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES AUTHORIZING AND DECLARING THE INTENT TO SELL, AND DECLARING A MINIMUM VALUE, DESIGNATING SURPLUS PROPERTY FOR PUBLIC AUCTION; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL SURPLUS PROPERTY LOCATED ON LOT 63, BLOCK 14 IN THOUSAND SPRINGS SUBDIVISION NO.5, PURSUANT TO IDAHO CODE SECTION 50-1405; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the City of Meridian hereby declares its intent to sell surplus property, and to declare a minimum value on said property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5; and WHEREAS, the City Council believes that it is in the best interests of the City of Meridian to sell said property at public auction, which property is located on Lot 63, Block 14 in Thousand Springs Subdivision No.5 as surplus property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize and declare their intent to sell and to declare a minimum value to the said property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5. 2. The minimum declared value for this surplus property is $ 3, ~o O. f/!!- 3, Pursuant to Idaho Code S 50-1401 et seq., at its regular meeting on Tuesday, J M~ ZO~ ,2004, the Meridian City Council shall hold a public hearing on the que bon of whether said surplus property should be sold at pubhc auction. RESOLUTION AUTHORIZING SALE OF PROPERTY AT PUBLIC AUCTION Page 1 of2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 22 ~~day of VU~ , 2004. do APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 2 It._ day of J ~ , 2004. ATTEST: RESOLUTION AUTHORIZING SALE OF PROPERTY AT PUBLIC AUCTION Page 2 of2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2, That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 22 "'-,!! day of ..;:r ~ , 2004, the following action has been taken and authorized, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES AUTHORIZING AND DECLARING THE INTENT TO SELL, AND DECLARING A MINIMUM VALUE, DESIGNATING SURPLUS PROPERTY FOR PUBLIC AUCTION; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL SURPLUS PROPERTY LOCATED ON LOT 63, BLOCK 14 IN THOUSAND SPRINGS SUBDIVISION NO.5, PURSUANT TO IDAHO CODE SECTION 50-1405; BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, the City of Meridian hereby declares its intent to sell surplus property, and to declare a minimum value on said property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5; and WHEREAS, the City Council believes that it is in the best interests of the City of Meridian to sell said property at public auction, which property is located on Lot 63, Block 14 in Thousand Springs Subdivision No.5 as surplus property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and City Council hereby authorize and declare their intent to sell and to declare a minimum value to the said property located on Lot 63, Block 14 in Thousand Springs Subdivision No.5. '2, C).,o. ~ 2, The minimum declared value for this surplus property is $ eI _ J{/ CERTIFICATE OF CLERK - INTENT TO SELL AND DECLARE MINIMUM VALUE OF SURPLUS PROPERTY PAGE 1 OF 2 3. Pursuant to Idaho Code ~ 50-1401 et seq., at its regular meeting on Tuesday, ~ ~ 21} ~ , 2004, the Meridian City Council shall hold a public hearing on the qu stIOn of whether SaId surplus property should be sold at publIc auctIOn'III.1IIH/IIIII \\11 III "'\1 Of MEpd1'... {I,,/ ...... L'\ liO". I;, ,...... ~, ...:...rJ "'/ .:;:. () . ""PQJ';llo - f~tr ~ dk ~ _(";t~., "'Il-A -::.;. ~ ~v- ~6 ~ ~~A ~ ~ STATE OF IDAHO, ) ss: County of Ada. ) On this ;20-+1.<... day of ~ LL I ~ ' 2004, before me, .....\ &Ld c. e l.. Sh-t';t-k , a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, respectively, 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) ~~,,'1 nu"""" ,,~~~~\CB L. 8A~""#. .... ~.... ......... <or./. ~~ ...-f '\ .. ... ~. ~ "~u. . ....,.. f/I' ~~ I ~OTA~ ~ \ :,.,: .r!.: · G _._ . _'- : : . 0 K Jl.., i ~.pClBL\C..l } " <P-:l, ~. <;' \"'. '" C) .;- '1- .... v .... ~ ., '..... ~, \ v'. "'.. ...""4...... "'i.""~'" ......... ~ ..1.;... t,.\:i Orj20/D7 Z:\Work\M\MeridianlMeridian [5360M\Reso[ulions City Hall\2004\CERTofCLKDeclareIntenttoSeIlDeclareingMinirnurn Va lueotsurplusProperty 06 07 04,doc CERTIFICATE OF CLERK - INTENT TO SELL AND DECLARE MINIMUM VALUE OF SURPLUS PROPERTY PAGE 2 OF 2