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HomeMy WebLinkAbout2004-11-23CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, November 23, 2004 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Finance Report: Presented by Stacy Kilchenmann (*20 minutes) 4. Discussion of Storm Water Drainage Pond Landscaping: Discussed — create MOU 5. Executive Session per Idaho State Code 67-2345(1)(d)(c): No Decision *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 — November 23, 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. CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, November 23, 2004 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: K Shaun Wardle _�L Christine Donnell =Charlie Ro ntree x Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Finance Report: (*20 minutes) 4. Discussion of Storm Water Drainage Pond Landscaping: CiLf rte- ^.9k, 5. Executive Session per Idaho State Code 67-2345(1)(d): 4, (c) *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 — November 23, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Tammy de Weerd 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 d& Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/fax 884-1159 f 5{IiCE #9i13 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 Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, November 23, 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 issue: Finance Report — Discussion of Storm Water Drainage Pond Landscaping Executive Session per Idaho State Code 67-2345(1)(d) The public is welcome to attend the meeting. DATED this 19th of November, 2004. WILLIAM G. BERG, J SEAL CITY HALL 33 EAST IDAHO AVENUE 1IERIDIAN, IDAI-10 83642 (208) 888-4433 CITY CLERK—FAX 888-4218 €ium,%N IUSOURCLS—FAX 884-8723 FINANCE & 1t:11'011'S O]'€'ICE—I,%X 884-9119 December 10, 2004 MERIDIAN CITY COUNCIL METING December 14, 2004 APPLICANT ITEM NO. 5-C REQUEST Approve Minutes of November 23, 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. PRE -COUNCIL MEETING AGENDA Tuesday, November 23, 2004 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Finance Report: Presented by Stacy Kilchenimann (*20 minutes) 4. Discussion of Storm Water Drainage Pored Landscaping: Discussed — create MOU 5. Executive Session per Idaho State Code 67-2345(1 )(d)(c): No Decision *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 — November 23, 2004 Page 1 of 1 AH materials presented at public meetings shall become property of the City of Meridian. h w....... nl.......w.. www..w..w...,1..L:..w F... A:wwL.:I:L:.... ....1..Ln A L— 1n+•• _— -41f M...ww.w. Meridian CitV Pre -Council Meeting November 23 2004 The Meridian City Pre -Council meeting was called to order at 6:00 P.M. on Tuesday, November 23, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Christine Donnell and Charlie Rountree. Others Present: Brad Watson, Bill Nary, Kenny Bowers, Doug Strong, Stacy Kilchenmann, Anna Canning and Will Berg. Item 1. Roll -call Attendance: X Keith Bird X Christine Donnell X Shaun Wardle X Charlie Rountree X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: I would entertain a motion, unless there are some changes. Donnell: So moved. Rountree: Second. Bird: It's been moved and seconded to approve the agenda as published. All in favor say aye. Nary: Mr. President. I was just going to ask on the Executive Session on the Pre -Council if you would add subsection "c" as well to the Executive Session among with °d" Bird: Add "c and d" onto the subsection. Is that okay, Council? Donnell: Yes. Bird: Are you stili the motion maker? Donnell: Yes. Bird: It's still all ayes, then? ALL AYES. MOTION CARRIED. Item 3. Finance Report: Meridian City Pre -Council Meeting November 23, 2004 Page 2 of 9 Kilchenmann: Okay, we are finally wrapping up FY2004. I think, hopefully, we have everything booked and the audit started this week. So, I am going to just go over some of the highlights of the past year. These are not the audited financial statements, but I don't anticipate too many changes. I want to first go to page 2. I am not going to go through every statement in your packet, but I did put a couple of extra different types of comparisons and graphs and so forth and one of them I did for each fund is titled FY04 to FY03 expenditure comparisons. So, those are comparisons of personal and operating cost. The difference between the actual for this year and the prior year and then there is graphs down at the bottom that shows you how much of that increase occurred in each department. So, for example on page 2 is the special services fund and it shows percentage of operating costs increased by department and in the second graph it has Building Department, 89 percent, so for the actual dollar amount of increase, 89 percent of that occurred in the Building Department. So, then it goes by the personnel increase. Then on page 3 1 have the general fund and the enterprise fund and it's the same kind of thing. It shows you what the graphing of the two of the different types of increase and then what department was responsible for it. For example, in the general fund the actual personnel increase, 56 percent of that increase was in the Fire Department, 35 percent was in the Police Department. So, those are just some different ways of looking at how expenses behaved. Then the next thing that I want to talk about just briefly are the investments, which are on page 4 and 5 and if you look at these, I am not going to go through the detail, but you can see that our investment in cash balances for all funds and for city wide have increased, which actually we have had an increase in our net assets that we will look at that when we get done with the audit and we look at the Gasby 34 statements. But, we are trying something a little different. The state has opened their bond market pool to cities for the first time. This started in July and its interest rate is outperforming all of our other investments. It's like at 4.21 and the fees for that are very low. So, the fees are just minimal. We might pay $400 a month and I think we have probably $16 million invested. So, we are trying that out and we have been really pleased with it. So far, it has boosted our interest (inaudible) and actually helped our interest to come in at budget or slightly above this year, which we weren't expecting. Then on page 8 are just kind of some — pages 8 and 9 are just some — one of them is at the enterprise fund and we have the bottom graph that shows the total number of utility customer account increase, which is almost 2,300 accounts we added in FY04 and then as you are all familiar with on page 9 graphs the building permit sales for commercial and residential. So, in FY03 we had 1,200 residential building permits; with 2004 we had 2,081 residential building permits. That is just kind of a graphic way to look at some of the increases, some of the indicators. Then on page 12 and I know that the print is really tiny, you may have to get a magnifying glass to read this, but this is the final analysis of each component of our revenue and basically our revenue came in about $600,000 higher than we expected and there is two big reasons for that. One is the state revenue sharing increased by 322,000. We budgeted that based on the estimate that AIC gives us early in the year and so that came out — that picture was much Meridian City Pre -Council Meeting November 23, 2004 Page 3 of 9 more rosy than the estimate they gave us. And then we had a $257,000 increase in our property tax between the original estimate we got when we did the budget and then the actual — once the new construction costs is (inaudible). So that is good news. Then some of the other items, some of them were slightly up, some of them were slightly down, but there really isn't too much variance in any of our other sources. Then on your — in front of you, that's not on your computer, I put a new worksheet that says City of Meridian, changes in fund balance pre -audit. Donnell: I am sorry, what page was that? Kilchenmann: There is no page. It looks like this. It has got green columns on it. It was like finished an hour ago, kind of thing. This is probably where kind of the heart of how we did over the past year is. And it's each fund, beginning balance, change in fund balance and the ending fund balance. So, the first block there are all the general fund accounts, which we have several of them. Park Impact Fees, that is kind of self-explanatory. Our net increase is $869,000. So, that's cash in minus cash out because that number doesn't include amounts budgeted that we didn't spend. Fire truck fund, the same thing. We had a net decrease because we didn't add to it in FY04. Then the big number, the general fund and reserve, we actually increased our fund balance by 1.4 million, but before you really look at that number you really have to take the overpass out — no, I have taken the overpass out. That's below. So, that is the actual increase in cash. Then the Locust Grove Overpass — that we have only spent $74,000. So, that's not going down very fast. The police construction fund; that is just that we are required by the terms of our lease to keep the last payment in reserve. So, that's what the $400,000 is. Special services fund, our Planning and Zoning and Billing Department before we transfer the capital improvement fund and see that's 1.1 million, so that is going to be a big boost into the capital improvement fund. The $836,000, the capital improvement fund, those are — we spent a little bit of it. We have some interest and then those are the transfers we have made of prior years into the fund from the special services fund. Then underneath, if we look at the — so those are like actual cash changes, then underneath our budget to actual savings without the overpass and these numbers did not include depreciation because we will only do that on the Gasby 34 Statements, but I think these numbers are what you probably are really going to be concerned with. So if we look at — take the overpass out because that really skews things because we have that huge budgeted number that we don't spend, we can see the revenue went up by $600,000, which we looked at before. That's basically property tax and revenue sharing. Then personnel and operating we were under budget by 8.8 percent and if you break that down, our personnel savings were $695,000, which is a little over 6 percent and that was largely due to vacant positions in the Police Department and then the firefighters being in training for two months at that lower pay where they were budgeted as Firefighter 1's and then there is a little bit of savings from turnover positions and so forth from each of the other general fund departments. Our OE savings is $297,000, which is almost 3 Meridian City Pre -Council Meeting November 23, 2004 Page 4 of 9 percent and that's due to a combination of things. One of the biggest savings is in police, like in (inaudible) savings because that program started at the end of the year. They had a big savings in their electricity. We had a savings in legal costs and then just various departments had other amounts and aren't material in themselves, but added together resulted in that almost 3 percent savings. So, that's kind of a quick look at the general fund. The enterprise fund; we do this a little bit differently because we have already taken the depreciation and so we do not so much a change in fund balance, but what we call a change in unrestricted assets, which the change was 5.9 million and what we do is we take their total fund balance, take out the number that we call invested in capital assets and then related debt, which are all their assets minus their accumulated depreciation and then we arrive at what we call unrestricted net assets. That increased by 5.9 million dollars. Then if we look at their budget to actual numbers, including depreciation the personnel and operating were 3 percent under budget. Operating revenue 4 percent over budget. So, considering the dollar amounts that those budgets are, those aren't terribly significant, but their assessment revenue is 80 percent over budget, so we budgeted 4.8 million dollars and ended up with 8.8 million dollars and that assessment revenue includes interest income. So, that's kind of a look at the City, a quick look at the City for FY04. Are there any questions? Bird: Any questions, Council? Mayor? If not, Stacy, another great job as usual. And another thank you to all the directors, employees for turning something like this in the tough times, I certainly appreciate it, as a Council person that has to answer to tax payers. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I guess just to pull me in on what you just said. You know, there were a lot of cost increases that were not anticipated. In particular, with fuels and the net result on other type of consumer expenses, so we appreciate the frugal attitude of all of our staffs. This what you see here is a collective effort and I appreciate that finance is able to put it in layman's terms, by all means, but we appreciate what our whole city staff does as well. Bird: Madame Mayor, you will express this out in the newsletter to all the employees because it's been a cooperative effort. I know there is a lot of public entities and private companies that would like to have a bottom line report like this. It just goes from the hard work of not only top management, but also our directors and all of our employees as far as I am concerned. This is — since 1965 when I moved here, it's the way Meridian has been ran and I hope it continues to get ran like this. I am sure you are going to see that that does happen. Thank you. If nothing more, we will go on. Meridian City Pre -Council Meeting November 23, 2004 Page 5 of 9 [tem 4. Discussion of Storm Water Drainage Pond Landscaping: Canning: I think it's the Mayor's. De Weerd: I guess we needed to bring back your decision to ACHD in response to their requests and allow some discussion so that I can bring back your decision. Bird: Okay, any discussion? If not, I will discuss it. We got the answer that we wanted. My main concern and I think it was Councilman Rountree's too is what is being done in the other areas. I for one will put out the money to keep -- to maintain the landscaping to make the drainage ponds look nice. I think, I don't want them looking like a tulle pond or something like that. I think it needs to be landscaped. That's my personal opinion. I don't know about the rest of you. Jump right in here. They came back and showed us how the other communities work with them and I don't want anything special, but I want to do the same as the other communities do and evidently, the other communities take care of the landscaping if they landscape it. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I believe also that the list showed that this is on a case by case basis and it would not be a standard, across the board, any ponds that are built would we maintain, but these ponds are in very visible locations in our community and it would be different from what the rest of them are. Bird: Yes, you are right Mayor. Any other discussion on this? Wardle: Mr. President. Bird: Yes, Mr. Wardle. Wardle: Two concerns that I have and have expressed and one of them is that 1 understand the case by case basis and certainly we want these ponds not to be an eye sore for the community, so I think the money spent in other communities and the money that would be spent here would be worth having as a part of our community, but 1 have brought up the equity issue that we have with paying impact fees to the County Highway District and we have a couple of projects coming up and so I have voiced my concerns there and my other concern is what length of an agreement are we going to have? I don't necessarily feel comfortable doing — making an agreement in perpetuity where we agree to do this forever or there may be a time where those ponds, we might want to change the landscaping or do some of that and so what would be a reasonable amount of time whether it would be five years or ten years or twenty years, I think we Meridian City Pre -Council Meeting November 23, 2004 Page 6 of 9 need to come up with that type of an agreement that could be changed in the future. Bird: Like the Mayor said, though, Councilman Wardle is this is on a basis per basis deal. It's not something that is written in law for everything. You do it on a per basis as a go and 1 agree with you, I don't think we should — I think another thing we could look at and I think this is something Parks and Recreation needs to look at is on maintaining landscaping like this is hiring, outsourcing, some lawn care landscape place that has their trailer with all their equipment on it can run out there and for half the price of us loading up and heading out there do it for us. Boise has been very successful doing a lot of outsourcing in their parks, so — but it is on a case -to -case basis as the Mayor said. Wardle: Mr. President. Bird: Yes, Mr. Wardle. Wardle: One of the other things that 1 see and I don't know to what extent we utilize that, but as I drive Veteran's Parkway and in some of the areas listed here I see that County Inmate Services is partnering with what it looks like supervised Park's Department, so that might be an option for us as well. Rountree: Mr. President. Bird: Mr. Rountree. Rountree: I don't disagree with what's been said. The thing that concerned me, I guess is that we had some concerns about one particular instance, but apparently that pond on Overland and Meridian Road was something that's been apparently submitted to the city for consideration of landscaping and I am not sure anybody knew about it, not that I need to know about it, but I didn't get a sense from staff that they were aware that something was going on there and I guess the other comment is is that I haven't seen the final product on Locust Grove, but good job. 1 appreciate that effort and 1 think those kinds of things if we have them in the community are things that we should take pride in and show the appreciation by agreeing to maintain them to Ada County Highway District. Canning: I can fill you in a bit if that's okay, Mr. President. Bird: Sure. Canning: It's been a much longer process on the Overland Road site because they weren't complete with construction. When we first contacted them, they had done some of the initial work to the point where you see it now. They do intend to do more work, so at the first meeting we had with them, which I think was about a year ago, we talked about both the Overland Road and the Locust Meridian City Pre -Council Meeting November 23, 2004 Page 7 of 9 Grove. The Overland Road they had already kind of completed that section of the project, so they said, we will address it when we do the rest of it and they committed at that time to do the Locust Grove and make sure that got done and they did do that and then Steve Siddoway met with ACHD regarding the Overland Road and this would be the second time on this one. About three weeks ago, I think, he kind of laid out those provisions that we were talking about last week with them and they don't have a plan yet that meets those standards, so they are coming back. So, it's not an official application or anything. They have been working with Steve on that design. Bird: Thank you, Anna, very much. That answer your question, Mr. Rountree? Rountree: Sure. Bird: Any other discussion on the storm drainage? If not, we will go on to Item No. 5. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: So, do you want Mr. Nary to bring that back? Or that we will go ahead and put on the agenda next week to sign the MOU or what is the direction of the Council on this? Bird: Council what is your pleasure? Rountree: Mr. President. Bird: Mr. Rountree. Rountree: Given what I have heard, I think an MOU is appropriate; crafting the language might be a little bit tricky if we are looking at what we are agreeing to is going to be on a case by case basis, but I would certainly like to see one blanket MOU that could be amended as opposed to an MOU for every pond that comes up because just of the headache of trying to keep track of something like that for staff would be — well, it wouldn't happen well, let's put it that way and nothing against staff it's just stuff like that happens to find ways to leak out. I don't know that the one we saw originally is the right document. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: We could direct our City Attorney to take a look at it and make sure it reflects the wishes of Council and we can run it by ACHD and when we have a Meridian City Pre -Council Meeting November 23, 2004 Page 8 of 9 document that looks appropriate we will get it on the consent agenda. Does that sound feasible? Rountree: That would be great. Bird: That would be great. I am like Mr. Rountree, I hope we can get something that's generic and all we have to do is take out the dates and the place and the description, but have the same MOU so that we can understand what we are dealing with. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: Mr. Nary do you have enough information to move forward on that? Nary: Madame Mayor, members of the Council, yes I have enough to probably get that back. It would probably be two weeks because of the short week. De Weerd: Is that going to be enough time, Gary? Bird: I have got to say something. He didn't sound like that when he was sitting (inaudible) did he? Nary: I think, Mr. President, I was always willing to give more time, if needed. Bird: Okay, Council, if we are done with that then we need a motion to go into Executive Session as per Idaho State Code 67-2345(1)(c)(d). Rountree: So moved. Wardle: Second. Bird: All in favor? Oh, wait, Mr. Clerk, roll call please. Berg: Thank you, Mr. President, members of Council. Roll call vote: Rountree, aye; Wardle, aye; Donnell, aye; Bird, aye. All ayes. ALL AYES. MOTION CARRIED, Item 5. Executive Session per Idaho State Code 67-2345(1)(d)(c): Bird: Let it be known that no decisions were made in Executive Session. l think that concludes the Pre -Council meeting of November 23, 2004. 1 would entertain a motion for adjournment. Meridian City Pre -Council Meeting November 23, 2004 Page 9 of 9 Donnell: So moved. Rountree: Second. Bird: All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED; TAMMY EERD, MAYOR ATTESTED:f� WILLIAM G. BER 12 , l -t-, z94-- DATE APPRQV,118,i AFO i SL -IL JR., CITY RK ��`� CITY OF MCERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, November 23, 2004 at 6:00 p.m. City Council Chambers '1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Finance Report: (*20 minutes) 4. Discussion of Storm Water Drainage Pond Landscaping: 5. Executive Session per Idaho State Code 67-2345(7)(d): `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 -- November 23, 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. Revised 11-23-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Gordon Beck, Trevor Leighton 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: Presented 4. Adoption of the Agenda: Approve as revised 5. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: Approve B. Approve Minutes of November 3, 2004 Pre -Council Meeting: Approve C. Approve Minutes of November 3, 2004 City Council Regular Meeting: Approve D. Approve Minutes of November 9, 2004 Pre -Council Meeting: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 04- 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Corporate Park No. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit Meridian City Council Agenda —November 23, 2004 Page l of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11-23-04 apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park II_ (Fairview Lakes) by Fairview Lakes, LLC — 824 East Fairview Avenue: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves Da care Center by Condra and Donald Steeves — 1258 East Cougar Creek Drive: Approve H. Findings of Fact and Conclusions of Law for Approval: RZ 04- 011 Request for a Rezone of 9.16 acres from R-8 to C -C zone for Cairns Crossing Subdivision by Landmark Engineering and Planning, Inc. - south of West Cherry Lane and east of Linder Road: Approve 1. Findings of Fact and Conclusions of Law for Approval: PP 04- 033 Request for Preliminary Plat approval of 11 commercial building lots on 9.16 acres in a proposed C -C zone for Cairns Crossing Subdivision by Landmark Engineering and Planning, Inc. — south of West Cherry Lane and east of Linder Road: Approve J. Findings of Fact and Conclusions of Law for Approval: AZ 04- 025 Request for Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna Woods Subdivision No. 1-7 and Edinburgh Place Subdivision No. 1-2 by the City of Meridian — NEC of East McMillan Road and North Locust Grove Road: Approve K. Development Agreement: 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 L. Resolution No. 04-451 Amendment to the SOP Manual for Administrative Leave: Approve M. Chane Order No. 2 for the Headworks Expansion Pro'ect: Approve N. Joint Cityof Meridian 1 Ada County Highway District Agreement for Roadway Construction / Sewer & Water Line Improvements: Approve Meridian City Council Agenda — November 23, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11-23-04 O. Permanent and Temporary Easement Contract for the North Slough Sanita Sewer: Approve P. Franklin Road Waterline Easement: Approve Q. Well 26 Test Well Security „Enclosure Change Order #1 — Hydro R. Well 27 Design Contract with Civil Survey: Approve S. Well 25 SCADA Installation: Approve T. Water Main Easement for Farmers and Merchants State Bank: Approve U. Award of Bid for Black Cat Trunk Sewer Phase 1 to Bodiford Construction for $2,869,919.60: Approve V. Meridian Senior Citizen Center Remodel Architect's Service Agreement with Johnson Architects: Approve 6. Department Reports: A. Mayor's Office 1. Proclamation for Meridian White 11 Year Olds O timist Football Team: Presented 2. Update of Downtown Meridian Transportation Plan Public Meeting: Table to November 30, 2004 7. (Items Moved from Consent Agenda) 8. Tabled from November 9, 2004: FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L -O zones for Larkspur Subdivision by Larkspur, LLC — 2090, 2190 & 2240 South Meridian Road: Approve 9. Tabled from November 16, 2004: FP 04-070 Request for Final Plat approval of 40 single-family residential building lots and two common lots on 10.32 acres in an R-8 zone for Roseleaf Subdivision No. 2 by Liberty Development, Inc. — 3615 South Locust Grove Road: Approve 10. FP 04-071 Request for Final Plat approval for 16 single-family residential building lots and two common lots on 3.65 acres in an R-8 zone for Meridian City Council Agenda —November 23, 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 49 hours prior to the public meeting. Revised 11-23-04 Castlebrook Subdivision No. 4 by Liberty Development, Inc. — 4000 West Pine Avenue: Approve 11. Public Hearing: ZOA 04-002 Request to amend the text in the Landscape Ordinance (MCC 12-13-7-8) to include gravel / rock as acceptable mulch in commercial landscape areas for Wenco, Inc.: Approve — Prepare Ordinance 12. Ordinance No. 04-1113 : 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 Meridian City Council Agenda — November 23, 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. Revised 11-23-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird 9 Mayor Tammy de Weerd 2. Pledge of Allegiance: 15ec,1,L/ Lelihllv� 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: u k--a-F 5. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: Cs ppvv".? B. Approve Minutes of November 3, 2004 Pre -Council Meeting: a79ja"°v"` C. Approve Minutes of November 3, 2004 City Council Regular Meeting: A.V y,< D. Approve Minutes of November 9, 2004 Pre -Council Meeting: G79pr,vc_ E. Findings of Fact and Conclusions of Law for Approval: PP 04- 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Corporate Park No. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: r,vv F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park II Fairview Lakes by Fairview Lakes, LLC — 824 East Fairview Avenue: Meridian City Council Agenda — November 23, 2004 Page l of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11-23-04 G. Findings of Fact and Conclusions of Law for Approval: CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves Daycare Center by Condra and Donald Steeves - 1258 East Cougar Creek Drive:. H. Findings of Fact and Conclusions of Law for Approval: RZ 04- 011 Request for a Rezone of 9.16 acres from R-8 to C -C zone for Cairns Crossing Subdivision by Landmark Engineering and Planning, Inc. - south of West Cherry Lane and east of Linder Road: ap,"v,_ I. Findings of Fact and Conclusions of Law for Approval: PP 04- 033 Request for Preliminary Plat approval of 11 commercial building lots on 9.16 acres in a proposed C -C zone for Cairns Crossinq Subdivision by Landmark Engineering and Planning, Inc. -south of West Cherry Lane and east of Linder Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 04- 025 Request for Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna Woods Subdivision No. 1-7 and Edinburgh Place Subdivision No. 1-2 by the City of Meridian --- NEC of East McMillan Road and North Locust Grove Road: 4'7p VV -11 K. Development Agreement: 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: L. Resolution No. Amendment to the SOP Manual for Administrative Leave: M. Change Order No. 2 for the Headworks Expansion Project: N. Joint City of Meridian 1 Ada County Hiahway District Agreement for Roadway Construction I Sewer & Water Line Improvements: , -, O. Permanent and Tempomry Easement Contract for the North Slough Sanitary Sewer: P. Franklin Road Waterline Easement: Meridian City Council Agenda — November 23, 2004 Page 2 or4 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 priorto the public meeting. Revised 11-23-04 Q. Well 26 Test Well Security Enclosure Change„ Order #1 - Hydro Logic: R. Well 27 Design Contract with Civil Survey: S. Well 25 SCADA Installation: 4?rY vtvc_, T. Water Main Easement for Farmers and Merchants State Bank: cnPrnw— U. Award of Bid for Black Cat Trunk Sewer Phase 1 to Bodiford Construction for $2,869,919.60: 4?79Yvrc- V. Meridian Senior Citizen Center Remodel Architect's Service Agreement with Johnson Architects: 6. Department Reports: A. Mayor's Office 1. Proclamation for Meridian White 11 Year Olds Optimist Football Team: 1W jr&V f, -td, 2. Update of Downtown Meridian Transportation Plan Public Meeting: 14/&& ,v 11-go-a41- 7. /-3o-ate 7. (Items Moved from Consent Agenda) o0vv^ 8. Tabled from November 9, 2004: FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L -O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 & 2240 South Meridian Road: A?rY„V-e_ 9. Tabled from November 16, 2004: FP 04-070 Request for Final Plat approval of 40 single-family residential building lots and two common lots on 10.32 acres in an R-8 zone for Roseleaf Subdivision No. 2 by Liberty Development, Inc. - 3615 South Locust Grove Road: &-r_ 10. FP 04-071 Request for Final Plat approval for 16 single-family residential building lots and two common lots on 3.65 acres in an R-8 zone for Castlebrook Subdivision No. 4 by Liberty Development, Inc. - 4000 West Pine Avenue: 11. Public Hearing: ZOA 04-002 Request to amend the text in the Landscape Ordinance (MCC 12-13-7-8) to include gravel 1 rock as acceptable mulch in commercial landscape areas for Wenco, Inc.: Meridian City Council Agenda — November 23, 2004 Page 3 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11-23-04 12. Ordinance No. 113 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: 4AVI-10 V -&C— /V.94- �h �vVG6k tjb�. Sol/ 20p4-, Meridian City Council Agenda — November 23, 2004 Page 4 of All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation far 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. December 10, 2004 MERIDIAN CITY COUNCIL MEETING December 14, 2004 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of November 23, 2004 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: LI CITY PARKS DEPT: V MERIDIAN SCHOOL DISTRICT; me ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Revised 11-23-04 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Gordon Beck, Trevor Leighton 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: Presented 4. Adoption of the Agenda: Approve as revised 6. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: Approve B. Approve Minutes of November 3, 2004 Pre -Council Meeting: Approve C. Approve Minutes of November 3, 2004 City Council Regular Meeting: Approve D. Approve Minutes of November 9, 2004 Pre -Council Meeting: Approve E. Findings of Fact and Conclusions of Lawn for Approval: PP 04- 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.8E acres in a C -G zone for Central Valle Co orate Park No. B. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 04.037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit Meridian City Council Agenda — November 23, 2004 Page 1 of 4 Revised 11-23-04 apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park 11 (Fairview Lake~sl-by Fairview Lakes, LLC — 824 East Fairview Avenue: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steev„esDgycare Center by Condra and Donald Steeves —1258 East Cougar Creek Drive: Approve H. Findings of Fact and Conclusions of Law for Approval: RZ 04- 019 Request for a Rezone of 9.16 acres from R-8 to C -C zone for Cairns Crossing Subdivision by Landmark Engineering and Planning, Inc. — south of West Cherry Lane and east of Linder Road: Approve 1. Findings of Fact and Conclusions of Law for Approval: PP 04- 033 Request for Preliminary Plat approval of 11 commercial building lots on 9.16 acres in a proposed C -C zone for Cairns Crossing Subdivision by Landmark Engineering and Planning, Inc. -- south of West Cherry Lane and east of Linder Road: Approve J. Findings of Fact and Conclusions of Law for Approval; AZ 04- 025 Request for Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna moods Subdivision No. 1-7 and Edinburgh Place. Subdivision No. 1-2 by the City of Meridian — NEC of East McMillan Road and North Locust Grove Road: Approve K. Development Agreement: 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 comer of East Victory Road and South Meridian Kuna Highway: Approve L. Resolution No. 04-451 Amendment to the SCP Manual for Administrative Leave. Approve M. Change Order, No. 2 for the, ,Headworks Expansion Proiect: Approve N. Joint City of Meridian I Ada Copnly , Highway District Agreement for Roadway Construction 1 Sewer & Water Line Improvements: Approve Meridian Citv Council Agenda —November 23.2004 Pate 2 of 4 Revised 11-23-04 O. Permanent and TemporarV Easement Contract for the North Slou h Sanita Sewer: Approve P. Franklin Road Waterline Easement: Approve Q. Well 26 Test Well Securit Enclosure Chan a Order #1 — Hydro Logic: Approve R. Well 27 Design Contract with Civil Survey: Approve S. Well 25 SCADA Installation: Approve T. Dater Main Easement for Farmers and Merchants State Bank: Approve U. Award of Bid for Black Cat Trunk Sewer Phase 1 to Bodiford Construction for $2,869,919.60: Approve V. Meridian Senior Citizen Center Remodel Architect's Service Agreement with Johnson Architects: Approve 6. Department Reports: A. Mayor's Office 1. Proclamation for Meridian White 11 Year Olds Optimist Football Team: Presented 2. Update of Downtown Meridian Transportation Plan Public Meeting: Table to November 30, 2004 7. (Items Moved from Consent Agenda) 8. Tabled from November 9, 2004: FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L -O zones for Larkspur Subdivision by Larkspur, LLC — 2090, 2190 & 2240 South Meridian Road: Approve 9. Tabled from November 16, 2004: FP 04-070 Request for Final Plat approval of 40 single-family residential building lots and two common lots on 10.32 acres in an R-8 zone for Roseleaf Subdivision No. 2 by Liberty Development, Inc. — 3615 South Locust Grove Road: Approve 10. FP 04071 Request for Final Plat approval for 16 single-family residential building lots and two common lots on 3.65 acres in an R-8 zone for Meridian City Council Agenda —November 23, 2004 Page 3 of 4 Revised 11-23-04 Castlebrook Subdivision No. 4 by Liberty Development, Inc. — 4000 West Pine Avenue: Approve 11, Public Hearing: ZOA 04-002 Request to amend the text in the Landscape Ordinance (MCC 12-13-7-8) to include gravel I rock as acceptable mulch in commercial landscape areas for Wenco, Inc.: Approve — Prepare Ordinance 12. Ordinance No. 04-1113 : 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: Approve Meridian City Council Agenda — November 23, 2004 Page 4 of 4 Meridian City Council Meeting _ November 23, 2004. The regular meeting of the Meridian City Council was called to order at 7:20 P.M., Tuesday, November 23, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun Wardle, and Christine Donnell. Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Bill Musser, Kenny Bowers, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Well, thank you all for joining us here this evening. 1 will go ahead and call the regular City Council meeting to order. It is Tuesday, November 23rd, and we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Well, we are joined here tonight, if you wonder why we have a full house, we are joined here by the 11 -year-old Optimist football team and they are going to lead us in the pledge. Gordon Jack and Trevor Layton, if you will step to the podium? All rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: De Weerd: Thank you, boys. We appreciate that. Item No. 3 is our community invocation and tonight we are being led by Pastor Kevin Moyer with the Meridian First Baptist Church. If you will, please, join us in the community invocation or take this opportunity for a moment of silence. Moyer: Our Heavenly Father, we are so thankful for this meeting tonight and we are especially thankful, Father, for all of our youth here. We are just thankful to you for a great future that our represented in each of those boys and this is really special to us and on behalf of our community we thank you. And, Father, we are thankful for this season. I think this week we especially are mindful of giving thanks l think for legacy. We are so appreciative of all who have gone before, from our Pilgrims who came and risked all for the freedoms we enjoy today and I thank our Patriots, Lord, who helped Meridian City Council November 23, 2004 Page 2 of 94 form our government and our Constitution and, again, being everything of their lives so that we can enjoy these times. We are so thankful for your rich blessings and your wonderful provisions to all of our lives and we are thankful and even mindful, Father, of the Marine who gave his life, so that others of his troop and men could live and that kind of selfless sacrifice is what characterizes our people and that even tonight we might just have that spirit here represented in our graciousness that we show and the understanding as we work through these issues. I pray for your direction tonight, wisdom for the Council, give all of us a great spirit of civility and honor tonight, Lord, that we would, indeed, conduct business in a way pleasing to you. And thank you for all that you have done for us. We thank you in the name of our Lord Jesus Christ, amen. De Weerd: Pastor Moyer, if I can present you with one of our City of Meridian pins. Moyer: Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank for joining us. Okay. Item No. 5 -- or 4 is the Consent Agenda. Or adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have got in our Consent resolution -- L item is a resolution, the number is 04- 451 and also Item No. 12 on the regular agenda is 04-1113, for Ordinance AZ 03-038, and with that I would move that we approve the revised published agenda. Rountree: Second. De Weerd: Okay. The motion is to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: B. Approve Minutes of November 3, 2004 Pre -Council Meeting: C. Approve Minutes of November 3, 2004 City Council Regular Meeting: D. Approve Minutes of November 9, 2004 Pre -Council Meeting: Meridian City Council November 23, 2004 Page 3 of 14 E. Findings of Fact and Conclusions of Law for Approval: PP 04- 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Corporate Park No. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park II Fairview Lakes by Fairview Lakes, LLC — 824 East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra_Steeves Daycare Center by Condra and Donald Steeves — 1258 East Cougar Creek Drive: H. Findings of Fact and Conclusions of Law for Approval: RZ 04- 011 Request for a Rezone of 9.16 acres from R-8 to C -C zone for Cairns Crossing Subdivision by Landmark Engineering and Planning, Inc. — south of West Cherry Lane and east of Linder Road: I. Findings of Fact and Conclusions of Law for Approval: PP 04- 033 Request for Preliminary Plat approval of 11 commercial building lots on 9.16 acres in a proposed C -C zone for Cairns CrossingSubdivision by Landmark Engineering and Planning, Inc. — south of West Cherry Lane and east of Linder Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 04- 025 Request for Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna Woods Subdivision No. 1-7 and Edinburgh Place Subdivision No. 1-2 by the City of Meridian — NEC of East McMillan Road and North Locust Grove Road: K. Development Agreement: 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: L. Resolution No. 04-0451 Amendment to the SOP Manual for Administrative Leave: Meridian City Council November 23, 2004 Page 4 of 14 M. Change Order No. 2 for the Headworks Expansion Pro'ect: N. Joint City of Meridian 1 Ada Count Hi-ghway District Agreement for Roadway, Construction / Sewer & Water Line Improvements: O. Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer: P. Franklin Road Waterline Easement: Security Enclosure Change Order #1 Hydro Well 26 Test Well Secu Logic: R. Well 27 Design_ Contract with Civil Survey: S. Well 25 SCADA Installation: T. Water Main Easement for Farmers and Merchants State Bank: U. Award of Bid for Black Cat Trunk Sewer Phase 1 to Bodiford Construction for $2,869,919.60: V. Meridian Senior Citizen Center Remodel Architect's Service Agreement with Johnson Architects: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we have approve the Consent Agenda, including Resolution No. 04- 0451 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to accept. Any further discussion? Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council November 23, 2004 Page S of 14 Item 6: Department Reports: A. Mayor's Office 1. Proclamation for Meridian White 11 Year Olds O timist Football Team: De Weerd: Okay. Since we did not move any of the -- oh, I'm sorry. Item 6 is the Department Reports. Tonight we have with us, like I had mentioned, our eleven -year- old Optimist football team. They won the first place in their division and so anytime we have an opportunity to recognize these kind of accomplishments in our youth, we really want to take those opportunities. It takes great teamwork to accomplish what you have done and for that we do have a proclamation to read in your honor. Whereas the City of Meridian commends the Meridian White eleven -year-old Optimist football team for having an outstanding season and whereas this team and the Optimist Youth Football program provides a positive impact for the youth of our community and whereas it is important that the team receives recognition for their efforts and continuing contribution, whereas the Mayor and City Council of the City of Meridian acknowledges these accomplishments as a team and their supporters, so, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Tuesday, November 23rd, 2004, as Meridian White eleven -year-old Optimist Football team day in recognition for your championship of the MPC Bowl Junior League of the Boise Noon Optimist Youth Football Program and urge all citizens of this community to acknowledge their special accomplishment. I would like to present this to your coach. I also have City of Meridian pins for each of you. He did ask me if he had to say anything, so I can put him on the spot and ask him if he'd like to. But, Trace, you have provided leadership in a number of different venues and it is my honor to present this to you for coaching this fabulous team and we'd like to congratulate all of you for your great accomplishment and yours is a great roll model. Layton: Thank you. I will say there is five other guys that bust their butt just as much as I do, if not more, and thanks to those guys and thanks for everybody coming here. De Weerd: Well, if those coaches will also come forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I could say something before they leave. You know, I've had the privilege of being associated with this program for 38 years now and this is the second group that Trace has taken through with his coaches and stuff. They make us real proud. We sponsor 28 Optimist football teams, Meridian Athlete Association, which we are proud to do, and these young men are certainly fine representatives of the City of Meridian and they play an awful good brand of football and we will be watching as they come up through the years. So, thank you, young men. We appreciate it. And lady. Meridian City Council November 23, 2004 Page 6 of 14 2. Update of Downtown Meridian Transportation Plan Public Meeting: De Weerd: Okay. We also have an update of our Downtown Meridian Transportation Plan, but I don't see Steve here. Canning: I apologize, Madam Mayor. I knew there was something I was missing on the agenda and I forgot to ask Steve to come tonight. He's working on staff reports, I think, probably right now. Can we postpone this until the next Council agenda? De Weerd: We will put this on our next Council meeting. Mr. Berg. Thank you. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Tabled from November 9, 2004: FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L -O zones for Larks,pur Subdivision by Larkspur, LLC -- 2090, 2190 & 2240 South Meridian Road: De Weerd: So, we will move to Item 8, tabled from November 8th, 2004, is FP 04-067. We will start with staff comments. Canning: Madam Mayor, Members of the Council, I missed something there, but probably that's fine. Madam Mayor, Members of the Council, this is a final plat for Larkspur Subdivision. It is platting the entirety of the preliminary plat as you see here. It's comprised of 56 building lots and six common lots on 18.94 acres. Some of the property will remain R-4 zoning. These two lots. The remainder of the southern portion is an R-8 zoning. And, then, Limited Office. Actually, the R-8 zoning includes this area as well, I believe. A conditional use was approved for reductions to the minimum requirements for the R-8 and the L -O zones. The lot size was reduced from 6,500 square feet to 4,011 for detached homes in the R-8 zone and, then, 7,000 square feet to 5,453 square feet for the L -O zone. And street frontage was reduced from 65 feet to 22.18 feet for detached homes. And the plat is in substantial compliance with the approved preliminary plat. We did have the -- we did have to add some tricky condition regarding the redevelopment of these two properties. Basically it says that if these go residential, this needs to be a road. This lot. If they go commercial, then, this needs to provide cross -access. And so, conversely, if this goes commercial, that can become a residential building lot and if this goes residential, that cross -access can go away. So, that was the only tricky thing associated with it. We spent a lot of time on that one condition, but staff is recommending approval of the final plat. Meridian City Council November 23, 2004 Page 7 of 14 De Weerd: Thank you, Anna. Is the applicant here and would you like to comment or do you agree with all staff comments? Okay. The applicant indicated he does agree with all staff comments. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing staff is recommending approval and applicant agrees with all the comments, I move that we approve FP 04-067, final plat for Larkspur Subdivision. Donnell: I'll second that. De Weerd: Okay. The motion is to approve Item No. 8. Is there any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: Tabled from November 16, 2004: FP 04-070 Request for Final Plat approval of 40 single-family residential building lots and two common lots on 10.32 acres in an R-8 zone for Roseleaf Subdivision No. 2 by Liberty Development, Inc. -- 3615 South Locust Grove Road: De Weerd: Thank you. Item 9 was tabled from November 16th, FP 04-070. Start with staff comments. Canning: Madam Mayor, Members of the Council, this is a final plat request. I went over the particulars of it last week. We -- you tabled it, because the applicant was not here to indicate that they were in agreement with the conditions of the approval. They are here today and they are in agreement with the conditions of approval. Staff is still recommending approval. De Weerd: Okay. The applicant didn't come. We just wanted to know if you were in -- And now that we do, we feel comfortable moving forward. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 9, FP 04-070, final plat for Roseleaf Subdivision No. 2. Rountree: Second. i Meridian City Council November 23, 2004 Page 8of14 De Weerd: Okay. The motion is to approve Item 9. Is there any further discussion? Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. And thank you for joining us. Canning: Madam Mayor, in defense of the applicant, there was some confusion on some of the memos that went through, indicating that it was going to be heard tonight. So, there was some justification for them being confused as to what day. De Weerd: So, she was going to join us anyway tonight. Canning: That's right. De Weerd: And in the future you can either do it via in person or a phone call to staff or even a letter. Okay. Thank you so much. Item 10: FP 04-071 Request for Final Plat approval for 16 single-family residential building lots and two common lots on 3.65 acres in an R-8 zone for Castlebrook Subdivision No. 4 by Liberty Development, Inc. — 4000 West Pine Avenue: De Weerd: Okay. Item 10 is FP 04-071. Staff. Canning: Madam Mayor, this is the fourth phase of Castlebrook Subdivision. This is the approved preliminary plat. Pine Street is at the southern boundary and the area of the final plat is circled in red here and, as can you see, the final plat is in substantial compliance with the approved preliminary plat. It consists of 16 single-family residential building lots and two common lots on 3.65 acres in an R-8 zone. It has a gross density of 4.3 dwelling units per acre and a net density of 5.75 dwelling units per acre. The plat, as I mentioned, is in substantial compliance with the approved preliminary plat and staff is recommending approval. De Weerd: Thank you. And the applicant? Canning: The applicant has indicated that they are in agreement with the conditions of approval. De Weerd: Okay. Thank you. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Meridian City Council November 23, 2004 Page 9 of 14 Donnell: Seeing that staff approves and the applicant is in agreement, I move that we approve the request for final plat FP 04-071. Wardle: Second. De Weerd: Okay. The motion is to approve Item 10. Is there any further discussion? Hearing none, Mr. Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: ZOA 04-002 Request to amend the text in the Landscape Ordinance (MCC 12-13-7-8) to include gravel 1 rock as acceptable mulch in commercial landscape areas for Wenco, Inc.: De Weerd: Item 11 is Public Hearing ZOA 04-022. We are in the Public Hearing portion of our -- I don't need to swear everyone in. I was just being facetious. Okay. I will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request to amend the text of the zoning code, more specifically the landscape ordinance, to allow gravel and/or rock as acceptable mulch in landscape areas. When the landscape ordinance was crafted, I think the city had recently seen some landscape buffers go in that were all rock and they weren't deemed acceptable as far as what the city was looking for. So, when the landscape ordinance was done, the use of materials such as permabark were specifically excluded from the landscape ordinance as being allowed as mulch. We have had regular requests from developers or regular encounters with developers that when they put it in we have required them to take it out and it has been an issue since the adoption of the landscape ordinance. Wenco has put in a request to modify the text of the landscape ordinance to include such materials and staff reviewed some of the initial concerns related to permabark and reviewed some new information on that and they have come up with what they feel to be a reasonable compromise regarding the use of this product. If you look on page two of the staff report, Mr. Siddoway has addressed a number of issues and I'm just going to go through them rather quickly. One was coverage. The use of the permabark will be restricted to such that at maturity of the landscaping only 30 percent of the area that has the permabark can be visible. So, that the plant material needs to cover 70 percent of the landscape area. The types of rock. Staff has written in a few examples of what's acceptable and I can go down there. This was the old language. An organic mulch, such as bark or soil aid shall be -- I'm backtracking. The record's going to be awful. Sorry about this. An organic mulch, such as bark or soil aid, shall be applied to all planting areas for moisture retention, weed control, or moderation of soil temperatures. And, then, it goes on to say gravel rock mulch is prohibited in required landscape areas. The new language basically deletes the first one and gets into a little more detail. It talks about mulch being required Meridian City Council November 23, 2004 Page 10 of 14 in all planting area and approved mulches may be organic, such as bark or soil aid, or they may include rock product, such as permabark or similar products. And, then, it goes on to talk about the coverage requirement, which I just went over. And the next line I wanted to get to was that pea gravel, drain rock, road base gravel, and similar products shall not be used as mulch. So, we have got a little -- a couple examples of what is acceptable and some examples of what isn't acceptable. This still will be a call for staff to make and we think we have given ourselves enough to work with, but wanted to raise that, that that is still a little bit open and gives us some flexibility. You will see the next sentence, it talks about all mulch shall be contained by a curb or other edging material to contain the much and prevent it from migrating to adjacent surfaces. Steve's next issue is weed barrier and, again, if you read the next sentence it says if rock mulch is used, a weed barrier fabric shall be used beneath the rock. Impermeable plastic weed barriers are prohibited, because they restrict water and oxygen to the plant. And, then, the final comment from staff was regarding water conservation, that allowing this rock product may have the effect of promoting street buffers with shrubs and rock mulch and so the current prevalence of lawn. This could aid the city's water conservation efforts, as shrubs and other vegetative ground covers require much less water and maintenance than lawn areas. So, this text as you see it here, 12-13-7-8, was the primary change. The second one is in 12-13-7-13.13 and as it reads now it just says mulches shall be organic and broad uses of gravel rock mulch are restricted. The new language says: Mulches may be organic or rock as per the previous section. Low shrubs or other vegetative ground covers with mulch are preferred over lawn areas wherever feasible due to the lower water requirement of shrubs. So, this item was taken before the Planning and Zoning Commission. They did recommend approval. There was -- Dale Nagy, the applicant, testified in favor. There was no public commenting in opposition. And the key issues of discussion were the need for weed barrier under the rock and the need for edging to contain the rock. There were no significant changes to staff's initial recommendation and to staffs knowledge there are no outstanding issues before the City Council. With that I'll end staff's presentation. De Weerd: Council, any questions before we open it up to public testimony? Bird: I have none, Mayor. Rountree: None. De Weerd: Okay. Is there anyone who wishes to testify on this item? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Strite: It is. De Weerd: Thank you. Strite: My name is Billy Ray Strite, 1010 Allante, Boise Idaho. I'm here on behalf of Dale Nagy, the applicant. We were very pleased with staffs response, quite frankly, Meridian City Council November 23, 2004 Page 11 of 14 and pleased with the Planning and Zoning recommendation for approval. So, unless there is some questions regarding perhaps the minutes, I have nothing more to add. Thank you. De Weerd: Well, thank you. Council, do you have questions for this applicant? Bird: No, ma'am, I do not. De Weerd: Thank you, Billy. Strite: Thank you. De Weerd: Is there anyone else who would like to testify? Donnell: Just a comment, Madam Mayor. De Weerd: Yes. Mrs. Donnell. Donnell: Having dealt with how difficult it is to keep some of the areas free of weeds in almost record time when something new is built by just the use of bark or -- that blows off or soil aid or whatever, I think this is a wonderful change to the ordinance. We used permabark on all of our areas in our house for ten and a half years and never even replaced it once. We used a good weed barrier. But I think this is just a great change. So, I'm certainly in support of it. Bird: Madam Mayor? De Weerd: Thank you. Mr. Bird. Bird: I would echo the same thoughts. We put it in our landscaping two years ago and I swear by it. It's so much better than bark and all that stuff. It's like Christine said, it don't blow away. De Weerd: Okay. Anyone else with landscaping tips? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that the Public Hearing on Item 11 be closed. Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council November 23, 2004 Page 12 of 14 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Unless there are further tips, I would move that we approve the amendment for landscape ordinance, Item No. 11, and do we need a resolution or direct you to prepare an ordinance? And direct the city attorney to prepare the appropriate ordinance for City Council to act on. Wardle: Second. De Weerd: Okay. The motion is to approve Item 11 with the city attorney to draw up the ordinance accordingly. Any further discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 12: Ordinance No. 04-1113 : 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: De Weerd: Thank you. Okay. The last item on our agenda is Item 12, Ordinance AZ 03-038. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1113, an Ordinance finding that Tim J. Mussell and Carol M. Mussell, husband and wife, the owners of certain real property generally located on the northeast corner of the Kuna- Meridian Road, State Highway 69 and Victory Road, which is in Section 19, Township 3 North, Range 1 East, Meridian, Idaho, to be known as Mussell Corner Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated General Retail and Service Commercial District (C -G) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you, Mr. Berg. You have now heard Ordinance No. 04-1113 by title only. Is there anyone who would like to hear it read in its entirety? Hearing none -- Meridian City Council November 23, 2004 Page 13 of 14 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 12 with suspension of rules. Bird: Second. De Weerd: Okay. Motion to approve Item 12. Any further discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Mr. Berg. And you will note that this is a record for this Council. I would entertain a motion. Bird: So moved. Wardle: Before I second that, Mr. Berg has asked me to give him just about 30 seconds. De Weerd: Okay. Go. Berg: Thank you, Councilman Wardle and Mayor de Weerd. I'm stretching it out. I'd just like to have on record if we are going to have a meeting on December 28th or not, so we can prepare agendas and public hearings accordingly. This is the meeting that's between Christmas and New Year holidays and sometimes we don't have a lot of turnout or people -- Rountree: Won't be here anyway. Berg: -- can be here to attend the public hearings anyway. De Weerd: Well, Charlie, won't be here and most of the public isn't, so, Council, what would you like to do? Bird: Madam Mayor, if we are not going to have two of them here, can't have a meeting, so 1 just think we need to take it off. Donnell: So, we also don't meet on the 7th; is that right? De Weerd: That's correct. Meridian City Council November 23, 2004 Page 14 of 14 Donnell: There is no meeting on the 7th and, then, no meeting on the 28th. De Weerd: Our meetings will be the 14th and 21 st. Bird: 14th and 21st. Donnell: Great. De Weerd: Okay. Wardle: Madam Mayor, with that resolved, I will second Mr. Bird's motion. De Weerd: That's a new pristine process there. Okay. The motion is to adjourn. All those in favor say aye. Thank you. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:50 P.M. (TAPE ON F[L PROCEEDINGS) 7:��i:6 . MAYO MY DE WEERD �srrrt+e�TE APPROVED "Ape tfe ATTEST: s' SEAL i WILLIAM G. BERG, JR 1T CL@ZK'- r� q 1 November 19, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Finance Report AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: November 23, 2004 ITEM NO. 3 COMMENTS See afFached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY of MERIDIAN FINANCE REPORT September 2004 Table of Contents REPORT NAME PAGE# Year End Comparison for Special Svc Fund 1 Year End Comparison for General & Enterprise Funds 2 Long Term Investment Status 3 Investments and Cash 4 WATER - Budget to Actual Comparison 5 WWTP - Budget to Actual Comparison 6 Utility Sales Revenue Comparison 7 Building Permit Sales 8 General Fund Expenditures - Budget to Actual Comparison 9 General Fund Revenue - Budget to Actual Comparison 10 Revenue Quarterly Analysis 11 Special Service Fund - Budget to Actual Comparison 12 Overtime Report for FY2004 13 Police Dept Monthly Overtime 14 Fire Dept Monthly Overtime 15 Volunteer Hours 16 Vacant Position Report 17 Capital Purchases Report - General Fund 18 Capital Purchases Report - Enterprise Fund 19 General Fund Summary 20 Special Service Fund Summary 21 Enterprise Fund Summary 22 Revenue & Expenditure Reports from accounting software 23-53 1 of 53 CITY OF MERIDIAN FY04 TO FY03 EXPENDITURE COMPARISONS 9130!2004 Special Services FY04 Actual Expenditures Compared to FY03 Actual $1,800,000 $1,600,000 $1,400,000 w $1,200,000 r f u $1,000,000 a FY04 Actual $800,000 .- x < ®FY03 Actual $600,000- 600,000 $400,000- $400,000 IBM $200,000 ?" Personnel Cost Operating Cost Special Services Fund- Percentage of Personnel Increase by Department from FY03 to FY04 ® Plan/Zone ® Code Enforcement ❑ Build ing Dept 2 of 53 z O a O U W H D Z w ax O Lu M i7! � LLO LL O ON Oro c M U ALL C_ o m v i�aa¢ L LO LO o� -E o c C Q Q (D a � .fl 0 7>- U LL 0 � M O c N E II. F O L a "- N � LL" o 47 i0 � L V L d � C N 0 LO ce) CITY OF MERIDIAN FY2004 LONG TERM INVESTMENT STATUS AS OF 9/30/2004 - - $7,945,528 INTEREST BEARING ACCOUNTS ^TFOLIQ DISTRIBUTION $4,19 $3( $16,949,364 CASH & INVESTMENT TYPE - NET YIELD IM Government Bonds © Idaho Pool Bonds [Certificates of Deposit El Advisor Money Market ®Checking El Money Market SWells Fargo Bond Reserve El Idaho State Pool $ o ti e °tea a ' 4�' 4v� 9 9�0 �� Q°a t``°c�0 Qoo`Q+ ®g °t0 Patiyo Gr® CIA� ca�g `'LQt° G� �a�ro °y&l���G9a ° ��c -lap e � G 014 A&& ntea Investment Account Balance Fund X351,137 4of53 ❑ General Fund El Cap Improve Fund EI Enterprise Fund 13 Fire Truck Fund 0 Latecomer Fund El Special Service Fund ® Park Impact Fees CITY OF MERIDIAN FY2004 INVESTMENTS AND CASH INTEREST RATE HISTORY COMPARISON - INVESTMENT & CASH BALANCES $70,000,000 - $60,000,000-�cIONI $50DDD 000. q $40,000,000 �'..� r�^ �- ...�`" �: �„� c=�ri'�.�'"': g $30,000,000 $20,000,000 Y' $10,000,000 $0 °o L�'h�o �f 5 of 53 EIFY2004 ❑ FY2003 z v, K PJ��y� COMPARISON - INVESTMENT & CASH BALANCES $70,000,000 - $60,000,000-�cIONI $50DDD 000. q $40,000,000 �'..� r�^ �- ...�`" �: �„� c=�ri'�.�'"': g $30,000,000 $20,000,000 Y' $10,000,000 $0 °o L�'h�o �f 5 of 53 EIFY2004 ❑ FY2003 N 0 Q. 0 Od LU z W F - z 0.' 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H A L Y O N � �• TON ems» h b p f f p t p W N® b T� ww ViNwN wVf 8w Vpppiw VpppiN Nwwwwv N �TO�i M eqS• V pOOfnFO Yb ' • NNwwwN wwwwNw N enwwHtr N IbO PG�i� W CO NOO8b q�ry A N mcOAM M Sfr+�tNO<Vq nM [qO ro W r�� cep rr Y.l N N r N ViwwwwN enNwwwwN www e N O O C7 ✓i C O C n Q y C m C m G LL o o v o a _• m i o d a ,c c C A; d p �1 C C ❑ R w R m N o`w A._`v n�do°ago a�wodA90 O�rUa�mF- f.+0a�ml� �eaooe��[apQ Y�pQ NYO: 1 D O W V N rn v>4mmMoi A 0 0 wiR w N N cnpp _ v°ei ai w <O iCq]w ooA W Qin N G N � n cr • VV tptppp w Glw»C�4] W A A O Qi 0o � m�ry a y � y 66pp gg gg w $ O w pO pd p p OO S O OI q ry w w NH Fa- y U Sp"2S 2ppS av ~ N S O m y z¢ 4 N A w w a¢ m o E .En m ">g=ZE-. 3z 94a80 -ti o 0 N A � b � v ti w N v mt'? ry �t0 n _ t C IC CITY of MERIDIAN UTILITY SALES REVENUE COMPARISON for Period Ending 9/3012004 WATER SALES SALES Sales Increased 7.9% From FY03 to FY04 $500,000 $450,000 $400,000 $350,000- $300,000 350 000$300 000 $250,000 $200,000 $150,000 $100000 $50 000 FY2002 moIQ6 �0sc 4y4§ ab eoa� togc FY2003 FY2004 WWTP UTILITY SALES REVENUE Sales Increased 17.79% From FY03 to FY04 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 e` ewe` 6 6 A air Oo�o� Utility Customer Account Numbers Added 2,285 Water Accounts in FY04 20 000 � 16,000 14 000 ll � —*—Water 12,000 �, ��,-_� � 4��, �;Sewer 10,000 '".,,a`�r"'�r�""a�''-`c..'.-.- ''C"'."3�r"`7,�'.x""�^r�'''"x`':aC'z ..z.>c .'`•.„ .vF` Garbage Afed ! „ ,✓/ ",„-_'"."...::'�"'``"�-`. :' - c"✓ i y^"x✓j�'��..-e!d^cr. s 6,000 s f ` Durt�psters ,000 - ,�,.,"'/-.;r'r�`•�r".r ��C .0,..,.!rG.,,�.:a :.r�.",.FToers a�> 2,000 c. " r li Qp Z5 Jp aQ� Jz� Jz� Q� Q� Jz� aQt aQPK Q� -f- FY2002 FY2003 FY2004 8of53 �eQ Utility Customer Account Numbers Added 2,285 Water Accounts in FY04 20 000 � 16,000 14 000 ll � —*—Water 12,000 �, ��,-_� � 4��, �;Sewer 10,000 '".,,a`�r"'�r�""a�''-`c..'.-.- ''C"'."3�r"`7,�'.x""�^r�'''"x`':aC'z ..z.>c .'`•.„ .vF` Garbage Afed ! „ ,✓/ ",„-_'"."...::'�"'``"�-`. :' - c"✓ i y^"x✓j�'��..-e!d^cr. s 6,000 s f ` Durt�psters ,000 - ,�,.,"'/-.;r'r�`•�r".r ��C .0,..,.!rG.,,�.:a :.r�.",.FToers a�> 2,000 c. " r li Qp Z5 Jp aQ� Jz� Jz� Q� Q� Jz� aQt aQPK Q� -f- FY2002 FY2003 FY2004 8of53 CITY of MERIDIAN Building Permit Sales FY2004 FOR MONTH ENDED 913012004 Residential City of Meridian - Residential Building Permit Sales 25 Commercial FY2002 FY2003 FY2004 FY2002 FY2003 200 - 61 64 163 Oct 6 6 9 Nov 49 55 150 Nov FY2002 4 1 FY2003 100 79 FY2004 Dec w ON 3 5 Jan 50 124 118 Jan 2 10 2 Feb 58 K 0 - 3 5 1 Mar 82 Oct Nov Dec Jan Feb Mar April May June July Aug Sept 222 Residential Commercial FY2002 FY2003 FY2004 FY2002 FY2003 FY2004 Oct 61 64 163 Oct 6 6 9 Nov 49 55 136 Nov 4 4 1 Dec 67 79 123 Dec 3 3 5 Jan 50 124 118 Jan 2 10 2 Feb 58 K 119 Feb 3 5 1 Mar 82 109 222 Mar 2 1 14 April 110 101 172 April 3 6 14 May 98 109 196 May 6 5 14 June 94 107 236 June 2 6 5 July 97 114 220 July 3 5 6 Aug 77 118 214 Aug 1 4 6 Sept 74 150 1621 Sept 3 4 61 TOTAL 917 1213 2081 TOTAL 38 59 83 9 of 53 � aY ae a� aE aE ae aE ae as as ae � � aE 0 AAr NNO � 'v M U C� rN V) V0i �liOi u0 ' UfciNN NaQ 0 r ` M F LL! 0 05 Z Q a � 4 O �.�-.., wN�uni nvwm amrors osNp to q wrnmrn mliq o NL grRr��$'w rnm�w Aomo W W h ISO" i lel o P 4 M M w N 1 %c 1= N Qi N J N N r 0 w fp A O 4 Q lA��� � �' ---� _,c ., w ww �r� err.: rw��l �.�:-�'.:�` v"" �^• � m 0 0 0 0 0 P P 4 ❑ ❑ aR � dE 2" C: � ir�i 9 d u AAA 0 0 0 0 0 00 O It IR M N H A m i r ti A ti m c O a m m.9 ;2 7 U'C m¢a O1� m m� �tA'i EI ■ � aY ae a� aE aE ae aE ae as as ae � � aE 0 AAr NNO � 'v e <evA U C� rN V) V0i �liOi u0 ' UfciNN tD W 0 a � C 5 wN�uni nvwm amrors osNp to q wrnmrn mliq o NL grRr��$'w rnm�w Aomo W W h w n n i lel o P 4 M M w N 1 %c 1= N Qi N N Vi M N� N N r 0 w fp A th Q q 7 4 Q lA��� Vl w ww dS CANN � m a4 ae m a= S° a` aE aR � dE 2" 3Q 3E 3e 88 3e 8$ ir�i 9 d u AAA Q�Q 1�, W O It IR M N H A m i r ti A ti m c O a m m.9 ;2 O OOi O1� m m� �tA'i r e�.b O Nn V N US�� (D mAt(Im mm 0� pM�� —31 N noN� bm Oml NO Nh A NS`9 f0 LG :ri m r A op A..yyM N N N N W t7 N A CO V N NAM V1 N 65 t Sr VlNNw N N w w w A w N N A M w �O e o> Ou y w w w w� N N Z 9 yy N wQ �W MN nt7�W M A�mmM [AO �W A � Nw � VMN Q � `�isNN� N NQ QN www VAi�O r g wwww www n O AR F b4 maw O r sON CNV vein a b �N m Air CA win. 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Q U 0 O z 0 Li m co < Q CO CITY OF MERIDIAN VACANT POSITION REPORT AS OF September 30, 2004 Department 1 Job Position I Filled I New I Vacant 1Patrol Officer (Volker) 1 1 I 9/20120041 1011/2002 15 - 20 Seasonal Part -Time Seasonal 1011/2003 Sea Groundskeever(Beaudion) PW Director 18 of 53 CITY of MERIDIAN FY2004 Budget to Actual Capital Outlay GENERAL FUND YTD n9l imon4 Dept Acct Description Carryforward FY2003 BUDGET for FY2004 PURCHASES FY2004 YTD Bud to Act Variance Notes 13101 94300 Mayor computer replacement 1,260 1,066.00 194.00 replace 1310 94300 Computer 1,500 1,247.78 252.22 computer for Economic Development 1310 94100 Mayor vehicle purchase 13,250 13,050.00 200.00 approved in lanuary2004 1120 96001 City Hall space study 50,000 25,079.50 24,920.50 capital improvement funds 1910 94300 Computer 91552 (Kristy) 1,350 1,066.00 284.00 replace 1910 94300 Computer #1553 (Sieve) 1,350 1,066.00 284.00 replace 1940 94300 Computer for new planner 2,710 1,165.00 1,545.00 for new planner 19401 94300 Computer 91204 (Alana) 1,350 1,350.00 replace 2110 94100 vehicle 40,000 36,516.39 3,483.61 enhancement #1 2110 94100 vehicle 40,000 36,286.87 3,713.13 enhancement 42 2110 94100 replace 97 Ford K9 34,000 35,653.77 (1,653.77) replace 2110 94100 replace 98 Ford K9sgt 34,000 33,866.44 133.56 replace 2110 94100 replace 98 Ford Sgt 34,000 32,584.61 1,415.39 replace 2110 94100 replace 00 Impala ptl 34,000 36,887.62 (2,887,62) replace 21101 9430D computers (2) 4,300 2,531.00 1,769.00 enhancement #4 2110 94300 camera 1,582.93 (1,582.93) not approved in budget 2110 94300 backup system for computer 4,508.72 (4,508.72) not approved in budget 2110 94400 glock gun 525 1,634.00 (1,109.00) enhancement#3 2110 94400 2 surefire guns 1,116.44 1 (1,116.44) not approved in budget 2110 94400 furniture for 2 4,330 0.00 4,330.00 enhancement 94 2110 94400 purchase Dutch trained canine - 2,500.00 (2,500.00) not approved in budget 2110 94400 Radarspeedgun 1,458.00 (1,458.00) not approved in budget 2123 9440013 glock guns 1,575 1,212.00 363,00 enhancement #1 2123 94400 3 Block guns 1,575 1,212.00 363.00 enhancement #2 2124 94400 records cabinet 3,817 3,817.00 0.00 enhancement #7 2210 92300 Fire Station #3 2,700 2,252.10 447.90 carryforward grant 92300 Fire Safe House 16,450 13,181.05 3,268.95 grant purchase 2210 93302 Opticom two 11,500 11,492.00 8.00 enhancement#5 2210 94120 Engine Station III 380,300 395,119.40 (14,819,40) enhancement#2 2210 94200 Fire Station #3 furniture 23,000 22,354.56 645.44 icarryforward 2210 94300 Mobile Data Terminals 7,500 8,016.95 (516,95) enhancement #4 2210 94300 Projector for safehouse 5,163 2,310.76 2,852.24 grant purchase 2210 94300 Laptop Transport for safehouse 1,823.00 (1,823.00) grant purchase 2210 94400 Smoke Machine for safehouse 2,650,86 (2,650.86) grant purchase 2210 94400 Smoke Machine for safehouse 6,000 1,505.02 4,494.98 grant purchase 2210 94400 Elliptical Exercise Machine 3,800.00 (3,800.00) not approved in budget 2210 94400 Thermal Imaging Unit 12,000 8,690.66 3,309.34 enhancement #1 2210 94400 Ice Machine for Station#2 1,026.00 (1,026.00) not approved in budget 2210 94600 Fire Station #3 phone 5,000 5,008.43 (8.43) carryforward 5200 93405 Storey Park Development 295,382 8,516.58 286,865.42 carryforward 5200 94100 New vehicle 5,464 6,052.41 (587.98) carryforward 5200 94300 computer replacement 1,260 1,066.00 194.00 replace 5200 94400 Snow Plow Blade for Pickup 3,224 3,224.20 (0.20) money moved from operating 5200 94400 Aeration Machine 1,500 1,500.00 0.00 money moved from operating 5200 944001 Surveillance Equipment 8,000 3,271.00 4,729.00 Surveillance equipment 5200 96156 Adventure Land Island Phase 1 100,000 50,000 45,466.79 104,533.21 enhancement #5 5200 96900 Borup Property Purchase 182,400 183,267.89 (867.89) enhancement #13 5200 96902 Bear Creek Development 115,000 13,000 129,380.60 (1,380.60) carryforward 5200 96903 Settlers Phase#1 Development 183,000 2,580.05 180,419.95 carryforward 5200 96904 Settlers Park Youth Baseball 150,000 0.00 150,000.00 enhancement #6 5200 96910 Centennial Park 30,000 45,000.00 66,005.31 8,994.69 5200 96920 Kiwanis Park 76,000 14,235.02 61,764.98 enhancement #4 5200 96921 Lochsa Falls P.A.L Soccer 147,000 2,934.25 144,065.75 enhancement #7 5200 96922 Parkstone Park Design Docs 11,000 11,000.00 enhancement 410 5200 96923 Autumn Faire Park Design 11,000 11,000.00 enhancement #11 0.00 General Fund TOTAL Capital for FY2004 759,546,43 1,443,189.00 1,223,838.96 978,896.47 19 of 53 .�3 �`C5 tai 1:71 �7 /1 IN] FY2OO4 Budget to Actual Capital Outlay ENTERPRISE FUND YTD 09/30/2004 Dept Acct Description Carryforward from FY2003 BUDGET for FY2004 PURCHASES FY2004 YTD Bud to Act Variance Notes PW 32001 94100 Pickup camper shells 4,000 4,000.00 enhancement #1 PW 3200 94100 New Pickup 19,000 12,632.61 6,367.40 enhancement #2 PW 3200 94100 New Pickup 19,000 12,632.61 6,367.40 enhancement #2 PW 3200 94300 GIS Server 80,000 79,070.50 929.50 enhancement #3 PW 3200 94300 GPS unit 5,500 5,500.00 enhancement #4 PW 3200 94300 Laptop T2200 dept has savings from GIS purchase 2,135.00 not approved in budget PW 3200 94300 Computer for Cdolsby dept has savings from GIS purchase 1,465.00 not approved in budgel PW 1 32001 94300 Computer rep[ acement 1,500 1,066.00 434.00 replace PW 1 32001 94300 Computer replacement 1,500 1,066.00 434.00 replace MUBSI 33001 92020 New Front Counter 5,780 5,539.00 240.82 carryforward MUBSI 33001 94300 Computer replacement 1,360 1,066.00 294.00 replace MUBSI 33001 94300 Server replacement 6,500 6,537.23 (37.23) replace Water 1 34001 92020 Building Improvements 35,000 35,000.00 roof repair Water 3400 Design new Water Bldg 17,592.50 (17,592.50) space study 8 design Water 3400 94300 Computer replacement 11500 1,066.00 434.00 replace Water 3400 94300 Auto Dialer 2,045.00 (2,045.00) not approved in budget Water 3410 93301 Telemetry upgrades 20,000 6,668.21 13,331.79 enhancement #3 Water 3410 93510 Urban Renewal 100,000 3,939.00 96,061.00 enhancement#5 Water 3410 94100 New Pickup 19,000 13,992.81 5,007.19 enhancement #2 Water 1 3410 94400 Well security upgrades 15,000 6,175.00 8,825.00 enhancement#3 Water 1 34101 96111 Water Tower upgrade 15,271 - 15,270.75 Dec03 expected completion date Water 3410 96131 Well #10 landscape 1,260.00 (1.260.00) Water 3410 96115 Well #15 pump upgrade 20,360.20 (20,360.20) Water 3410 96116 Well #16 pump upgrade 25,000.00 (25,000.00) Water 3410 96120 Well #20b 66,518.93 (66,518.93) Len to inform budget $ to transfer Water 3490 96133 Well #22 remediation 125,000 10,900.04 114,099.96 enhancement #3 Water 3490 96140 Water Line Extensions 219,218 2,410,000 1,487,235.96 1,141,981.79 enhancement#5 Water 1 34901 96148 Well#23 70,539 - 70,633.50 (94.21) carryforward Water 1 34901 96149 Well #24 land purchase 18,993 50,000 27,665.98 41,326.53 enhancement #3 Water 34901 96150 Well 925 439,291 313,156.43 126,134.09 Dec04 expected completion date Water 3490 96157 Well #26 (AKA: Well #20B) 223,000 150,000 101,874.11 271,125.89 enhancement#6 Water 3490 96158 Well#27 200,000 300,000 0.00 500,000.00 enhancement #6 WWTP 3510 92100 Enclose & Heat 2 Garage Bays 15,000 15,000.00 enhancement #2 WWTP 3510 93510 Urban Renewal Projects 100,000 100,000.00 enhancement #7 WWTP 3510 94300 computer #3548 replacement 1,500 1,066.00 434.00 replace WWTP 3510 94300 computer #3730 replacement 1,500 1,066.00 434,00 replace WWTP 35101 94300 computer #3003 replacement 1,500 1,066.00 434.00 replace WWTP 35101 94400 Bldg Wash Barrier 1,500 1,500.00 enhancement#2 WWTP 35101 94400 Temp Work Enclosure 2,500 2,500.00 enhancement#2 WWTP 3510 94400 relocation Gunset#1 30,000 30,000.00 enhancement #2 WWTP 3510 94400 Digester Sludge Mixer 24,500 23,966.00 534.00 enhancement #2 WWTP 3510 94400 Blower#3 Bldg Cooling installation 15,000 85,243.78 (70,243.78) enhancement #2 WWTP 3510 94400 Digester condensate removal equipment 10,000 8,670.00 1,330.00 enhancement #2 WWTP 3510 94400 Shed for potable water system 1,135.00 (1,135.00) not approved in budget WWTP 3510 94400 Control Bldg furnace 4,000 2,036.00 1,964.00 enhancement#2 WWTIPJ 3510i 96160 Gas Monitoring Project 15,191 475.00 14,715.75 Sep04 completion date WWTP 3520 94400 SCADA @ 5 Lift Stations 25,000 19,750.00 5,250.00 enhancement #4 WWTP 3520 96144 Ashford LS generator 50,000 32,701.69 17,298.31 enhancement 94 WWTP 3590 93505 Sewer Line Installation 100,867 490,000 390,784.58 200,082.21 enhancement 97 WWTP 3590 96142 South Slough Sewer Ext 252,895 131,850.78 121,044.22 carryforward WWTP 3590 96151 Design WWTP plant buildout 103,692 1,600,000 151,554.80 1,552,137,65 enhancement#5 WWTP 3520 96152 CreekCrossing Project 190,286 - 36,710.40 153,575.33 carryforward WWTP 35901 96155 Waste Thickener Project 331,905 256,601.71 75,302,94 May64 completion date WWTP 35901 96159 Centrate Basin Project 200,000 300,000 35,672.18 464,327.82 carryforward WWTP 35901 96162 Black Cat Trunk Sewer 562,495 3,330,000 1,241,117.71 2,651,377.29 enhancement#6 WWTP 35901 96163 Black Cat lift station 2,670,000 2,670,000.00 included with account#96162 WWTP 3590 96164 Headworks 1,350,000 744,843.99 605,156.01 enhancement 95 TW -TP 35901 96165 N. Slough Sewer Trunk 1,020,000 86,227,88 933,772.12 Enterprise TOTAL Capital for FY2004 2,949,421.01 14,405,860,00 5,551,833.11 11,807,047.90 20 of 53 U) q5 W r -i co C7 d1 4 4-I 0 O N \ �•r o �I frl C31 H .4" q U] b) H �j O i U) .1i (L) E� W 10 O O m {m o �•f }� N H W \ Q} \ !~ O W O a s� 44 44 O 41 c� Q) Q) 4.J rd GJ ri 4.) br a-1 br -A Et 0 •H V 1� m U i•i 0 P, y >a Fu m rI O H m M M N r;-.' 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W W E z CITY OF MERIDIAN CHANGES IN FUND BALANCE - PRE -AUDIT FY04 GENERALFUND Citgo of Meridian CitY Clerk offict, TOTALS 15;462;446 3 929,560 19=392;0©fi General Fund Budget to Actual Savings - Without Overpass Revenue $600,000+y Tax and Revenue Sharing Personnel and Operating Total $990,000+ 8.80% Vacant Positions in Police PC Savings $695,,00,0, + 6.17% I> FF in Training 2 OE Savings $297,000 2.63% Months Lower Pay ENTERPRISE FUND CHANGE IN UNRESTRICTED NET ASSETS 60 25600 ]Enterprise Fund ;$38,914 588:: $5,949,348 ....::........$:44,863,936 Fund Balance 9/30/2004 per Unadjusted Balance Sheet $128,671,349 Invested in Capital Assets, Net of Related Debt $83,807,414 Unrestricted $44,863,936 BUDGET TO ACTUAL - DEPRECIATION INCLUDED Personnel and Operating 3% Under Budget Operating Revenue 4% + Over Budget Assessment Revenue (+ Interest) is 80% Over Budget - Budget Actual $4,859,667 $8,815,208 Account,Balance FY2004 FundsBafance Change in Fund # Description 1(111'12003 2","',Balance �913t7120U4 01 24710 Park Impact Fees 69, $ 869,260 . $1,848;429 01 24712 Fire Trucks $577;274: -$275,696 $301>,578' 01 25300 General Fund Unreserve .. ;$8,662, 826 $1,463,713 $10 126;539 01 25300 Locust Grove Over ass $1,394;351 -$74,732 $1 319`619; 01 24713 Police Ctr Construction $400;9,,47 $400;947 50 25400 Special Svc Fund $937;551; $1,110,816 �� $2 048;368 55 24711 Capital Improvement $2,510,327 $836,199 TOTALS 15;462;446 3 929,560 19=392;0©fi General Fund Budget to Actual Savings - Without Overpass Revenue $600,000+y Tax and Revenue Sharing Personnel and Operating Total $990,000+ 8.80% Vacant Positions in Police PC Savings $695,,00,0, + 6.17% I> FF in Training 2 OE Savings $297,000 2.63% Months Lower Pay ENTERPRISE FUND CHANGE IN UNRESTRICTED NET ASSETS 60 25600 ]Enterprise Fund ;$38,914 588:: $5,949,348 ....::........$:44,863,936 Fund Balance 9/30/2004 per Unadjusted Balance Sheet $128,671,349 Invested in Capital Assets, Net of Related Debt $83,807,414 Unrestricted $44,863,936 BUDGET TO ACTUAL - DEPRECIATION INCLUDED Personnel and Operating 3% Under Budget Operating Revenue 4% + Over Budget Assessment Revenue (+ Interest) is 80% Over Budget - Budget Actual $4,859,667 $8,815,208 November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. Q REQUEST Discussion of Storm Water Drainage Pond Landscaping 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: Sea attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shalt become properly of the City of Meridian. North Meridian Area Plan ► ACHD Capital Improvement Plan • Will begin update in about one year. • Update to reflect better demographics. ■ Intersections receive higher priority. ■. ,Push off need for additional lanes for many ty years. g, • Sidewalks in easements not ROW. ODevelopment Review Intersection analysis and ranking. • Warrant regarding signalization. Stormwater Drainage ►MOU for Plan Design ■ Street buffer: ►Full width ►One tree per 35 Feet *-Low maintenance ground cover Internal: 04egetated—dry land grasses ►,One tree per 8,000 square feet firms Stormwater drainage and standards. 9 P ,Slopes less than 3:1 `If above, then no land use buffer required. Stormwater Drainage ► MOU for Maintenance • City to agree on low maintenance plan • Parks Department to maintain 1 f ��A rACHU Ada County 3' Hi ]hwa District INTER-OFFICEMEMO Design & Survey To: ACHD Commissioners November 15, 2004 From: L. Kent Brown, P.E. Manager of Engineering Subject: Project Landscaping This memo provides information on those projects where landscaping was installed as part of the roadway improvements and what agreements we have for maintaining the landscaping. The highlighted projects had pond sites involved. Boise - Capitol Boulevard — University to Vista This project was built with Federal Funding with the City of Boise responsible for all of the landscape maintenance along the project. Boise - Federal Way — Vista south to the New York Canal This project was built with Federal Funding with the City of Boise responsible for maintenance of all street lighting and landscaping within the limits of the roadway. ACHD is responsible for the maintenance of the storm drain facilities which included the detention ponds. Approximately, five separate pond sites were built along the project limits. None of the pond sites were landscaped. Boise - Vista Avenue — TaLgee to Cherry Lane Median Islands were installed with landscaping and was buil t with a combination of Federal and local funding. Boise City is responsible for all landscape maintenance. Boise - West ParkCenter River Crossing_— Boise River to Broadway This project was built with local funding with the City of Boise agreeing to be responsible for all landscape maintenance along the roadw ay with the following exception: the MK Plaza Group is responsible for landscape maintenance along their property from the southerly edge of the sidewalk to their property line. Boise - 15th Street — Ada to Resseguie Landscape medians were installed with local funding with the Neighborhood Association being responsible for the landscape maintenance. Boise - Five Mile Road Extension — Treeline to Chinden This project was built using local funding with the City of Boise responsible for maintenance of all of the trees. Boise - Curtis Road Fairview to Mountain View This project was built with local funding with the City of Boise responsible for maintenance of the street lights and landscaping. Garden City - Curtis Road -- Mountain View to Chinden Ustick Road — Curtis to Mountain View This project was built with local funding with the City of Garden City being responsible for the maintenance of the landscaping including the pathway along the detention pond . No maintenance is done in the pond area as this is being established as a wetlands area. Eagle - Eagle Road — Eagle By -Pass north to Floating Feather This project was built with local funding with the City of Eagle participating in the cost to install the street lights and landscaping. T he City of Eagle is responsible for the maintenance of the street lighting and landscaping. Kuna - School Street — Deer Flat to Boise Street This project was built in two phases with local funds. Two separate pond sites were built, one just south of School Street and Boise Avenue and one in the southwest c orner of Deer Flat and Linder. The City of Kuna is maintaining both sites. Star - Star Road — State Street to Floating Feather We built two ponds; water was stubbed out but no landscaping was done because the City of Star was not prepared to maintain the landscaping. In all of the projects cited with the exception of Capitol Boulevard and 15th Street, there were many meetings on the type of landscaping to be installed before final agreement was achieved and the work was completed. On Capitol Boulevard, the City of Boise has been maintaining this area since approximately 1983. On 15th Street, our Traffic Department stated that they negotiated the agreement for landscape maintenance with the Neighborhood Association. Director Mayor and City Council of Meridian Dale Kuperus, P.E. Bruce Mills, P.E. Gary Inselman Steve Spickelmier Steven Price Central & Chron Files November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. REQUEST Executive Session per Idaho State Code 67-2345(1 1 (d) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT Steve Wensel ITEM NO. PP 04-032 5-E REQUEST Findings for Approval - Request for Preliminary Plat approval of 8 commercial building lots and I common lot on3.86 acres in a C -G zone for Central Valley Corporate Park No. 6. This is a resubdivision of Lots 21 & 22, Block 2, Central Valley Corporate Park No. 6 -- 929 S. Industry Wy AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted: -c Date: 11 Phone: Emailed: ypflStA L 5, Isfl- r. 6M .__Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. f,. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW DECISION & ORDER In the Matter of Preliminary Plat Approval for Eight (8) Commercial Building Lots and One (1) Common Lot on 3.86 Acres in a C -G Zone for Central Valley Corporate Park No. 7 Subdivision, by Steve Wensel Case No. PP -04-032 For the City Council Hearing Date of: November 9, 2004 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the November 9, 2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matters to the City Council. d. The City Council heard and took oral. and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP -04-032 - PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is Rafanelli and Nahas, G.P. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for the Preliminary Plat application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles I 1 and 12, Meridian. City Code, and all current zoning maps thereof. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat stamp dated November 3, 2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which arc herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamp dated November 3, 2004 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP -04-032 - PAGE 2 of D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-43 & C.) E. 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. 2. 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C. Preliminary Plat Conditions of Approval (all agencies) Exhibit D: Preliminary Plat Findings By action of the City Council at its regular meeting held on the r� day of 2004. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP -04-032 - PAGE 3 of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED ev COUNCIL MEMBER KEITH BIRD VOTED_�� MAYOR TAMMY de WEERD VOTED r— (TIE BREAKER) `MAymVr,f-xdh Weerd Attest: �� G GOnPON- SEAL Vill�iaLmGlergg, Jr., y Cferg n� Copy served upon Applicant, The Pfaftn-j' 4Zoniii EXHIBIT A Legal Description Central Valley Corporate Park #7 (PP -04-032) See attached (2 pages) 'D'�0 S �Y UR�E fint"I NIM (Or pointv Park NS - P We INN 901, Ag i7mGogo o, pmNo "I pi ,I v P.1 )f'( i . "h A IFJ I I I( 3 k);K ( I' I I j j !FJjjj, ! 1,,jt, 1'�1 kw.jI�,hip '. 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ME solo Ole ,,, on lrw �,M cormcr cil`sx.i6 LO 22; I OR _ Pat my SAd AVAMY hown"lary lin--� and aj.cm- dic nor!!,.Crly jilic C)Fsuid 3: ti) ffic R�AL POEN T (:.)F' BEGINNIV-i Pmpmtd By: Idaho Suncy Croup, PY EXHIBIT B Approved Preliminary Plat Central Valley Corporate Park #7 (PP -04-032) Olt fill 3 !Nln" lag - Ib Ffx > O �s Z) cc �A frt 4� Y41 0 3°zn i d 0 4 yya, r EXHIBIT C Preliminary Plat Conditions of Approval Central Valley Corporate Park #7 Subdivision (File PP -04-032) The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. SITE SPECIFIC CONDI (PRELIMINARY PLAT) TIONS OF APPROVAL PRELIMINARY,,,,,, 1. Sanitary sewer and domestic water service to this site shall be via main line extension from the existing mains adjacent to the property. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fon-ns of easements, for any mains that are required to provide service. 2. Please submit any updated groundwater/soils monitoring data to the Public Works Department for review. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. 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. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established normal groundwater elevation. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stortn water treatment and. disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Please 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. Exhibit C — Central Valley Corporate Park No. 7 — PP -04-032 Pagel of 5 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department and the City of Meridian Fire Department. 6. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 7. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat(s) application. 8. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12- 5-3). 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. Any existing domestic wells anal/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 12. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 13. The applicant has indicated that the pressurized irrigation system within this development will be owned and maintained by the Central Valley Corporate Park Owners Association. Underground year-round pressurized irrigation must be provided to all landscaped areas within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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. 14. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Exhibit C — Central Valley Corporate Park No. 7 — PP -04-032 Page 2 of 5 15. A cross access easement must be established to allow shared parking. (It should also be noted that an additional parking island will be required in the parking area located in the northern portion of the subject property.) 16. Five (5) feet of perimeter landscaping is required at the edge of all parking and drive areas. The applicant must submit details regarding the amenities planned in the proposed relocated park and work with Meridian's Parks Department on mitigation and relocation of existing trees. (Note: The applicant did submit a letter, dated 11-4-04, to the City Council outlining discussions with the Parks Department.) 17. Trash Container: The proposed trash container is located within a Nampa Meridian Irrigation District easement. The applicant needs a license agreement from the Nampa Meridian Irrigation District to locate the trash container in this location. B. Adopt the Recommendations of ACHD as follows: 1. Industry Way is a local commercial roadway and driveways are required to be located a minimum of 50 -feet from an intersection. No additional improvements arc required on Industry Way. 2. The applicant is required to comply with all conditions of the original plat for Central Valley Corporate Park and will be required to pay all applicable platting and review fees. C. Adopt the Meridian Fire Department Recommendations as follows: I. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Exhibit C — Central Valley Corporate Park No. 7 — PP -04-032 Page 3 of 5 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The S office/commercial lots lot will have an unknown transient population and. will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. Maintain a separation of 5' from the building to the dumpster enclosure. S. Provide a Knoxbox entry system for the complex. 9. The proposed location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite location. D. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. E. Adopt the Recommendations of the Parks & Recreation Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 3. if possible, relocate the existing trees in the northeast corner of the subdivision. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. Exhibit C — Central Valley Corporate Park No. 7 — PP -04-032 Page 4 of 5 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: L A Land Use Change Application must be filed prior to final platting showing impact on the District's Eight Mile Lateral. Please contact Donna Moore at 466- 7861 for further information. 2. All laterals and waste ways must be protected. 3. The District's Eight Mile Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan before any construction is unacceptable. 4. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, NMID must review drainage plans. 5. The developer must comply with Idaho Code 31-3805. 6. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit C — Central Valley Corporate Park No. 7 — PP -04-032 Page 5 of 5 EXHIBIT D Preliminary Plat Findings Central Valley Corporate Parr No. 7 (File PP -04-032) The City Council hereby approves the following analysis of required findings by staff- Sections taff Sections 12-3-3 7.2 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; Staff finds the subdivision to be in conformance with the City's adopted Comprehensive Plan. The Future Land Use Map depicts the property as "Commercial" which allows for the proposed subdivision. b. The availability of public services to accommodate the proposed development; Staff finds that public services, including water, police, and fire, are available to accommodate the proposed development. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. Since the proposed subdivision is a re -subdivision of previously platted lots, services, as mentioned above, are already available to the site. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditure of public funds for providing supporting services. Since the proposed subdivision is a re- subdivision of a previously platted Iot, services, as mentioned above, are already available to this site. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision to be brought to the Council or Commission's attention that have not been addressed previously. November 19, 2004 CUP 04037 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT Fairview Lakes, LLC ITEM NO, 5 - REQUEST Findings for Approval — Request to modify existing Conditional Use Permit (PD) approva for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park it (Fairview Lakes) -- 824 East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See altached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 9.1 MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:Date:I�Inffials. Emailed:Staff Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA DECISION & ORDER In the Matter of Request to Modify the Existing Conditional Use Permit (Planned Development) for the Construction of a 96 -Unit Apartment Complex to a 65 -Unit Assisted Living Retirement Facility in an R-40 Zone for Devon Park 11 (Fairview Lakes) by Fairview Lakes, LLC Case No. CUP -04-037 For the City Council Hearing Date of: November 99 2004 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the November 9, 2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP -04-037 - PAGE 1 of 5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Fairview Lakes, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 1. I and 12, Meridian City Code, and all current zoning maps thereof. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated August 16, 2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C, D and E. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP -04-037 - PAGE 2 of 5 1. The applicant's CUP Site Plan as evidenced by having submitted the plan dated August 16, 2004, is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibits C, D and E. D. Notice of Applicable Time Limits L 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 pen -nits 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 (1.8) 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.) E. 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. 2. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP -04-037 - PAGE 3 of 5 F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Final Conditions of Approval (City staff) Exhibit D: ACHD Conditions of Approval Exhibit E: Irrigation District Conditions of Approval Exhibit F: Conditional Use Pen -nit Findings By action of the City Council at its regular meeting held on the 2113 day of 2004. COUNCIL MEMBER SHAUN WARDLE VOTED -0' COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED �--- (TIE BREAKER) May r Tam y de `ll�,��y�lliittttl►j��'' Attest: a,•�`,�`G�,, �'-�,,1,'� EA William G. Berg, Jr., ty C erk =, T0 r Icc /A T 14 / 13. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS' OLAW AND DECISION & ORDER CASE NO. CUP -04-037 - PAGE 4 of 5 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By:�Dated: Qq City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. CUP -04-037 - PAGE 5 of 5 EXHIBIT A Legal Description Devon Park It/Fairview Lakes — Assisted Living (CUP -04-037) LEGAL DESCRIPTION A parcel of land located in the Southwest''/ of the Southeast '/ of Section 6, Township 3 North, Range 1 Fast of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest comer of said Southwest % of the Southeast''/� of Section 6, T. 3N., R.1 E., B.M.; thence North 00°20'01" East a distance of 50.01 feet along the Westerly boundary of said Southwest % of the Southeast'/. to a point on the Northerly right-of=way line of Fairview Avenue(U.S. Hwy 30); thence leaving said Northerly right- of-way line North 00°20'01" East a distance 926.12 feet along said Westerly boundary to the REAL POINT OF BEGINNING; thence continuing North 00°20'01" East a distance of 325.00 feet to a point on the Northerly boundary of the Southwest %, of the Southeast 'A of Section 6; thence South 89°53'08" East a distance of 666.99 reet along said Northerly boundary; thence leaving said Northerly boundary South 00°23'27" West a distance of 323.67 feet; thence North 90100'00" West a distance of 666.10 feet to the POINT OF BEGINNING. EXHIBIT B Approved Site Plan Devon Park II/Fairview Lakes — Assisted Living (CUP -04-037) FAIRVIEW LAKES ASSISTED LIVING CENTER AvPc4v ILak es : ._-_ - )I d EXHIBIT C Conditional Use Permit Conditions of Approval Devon Park II/Fairview Lakes — Assisted Living Facility (File CUP -04-037) SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the previously approved Development Agreement, Preliminary Plat, Final Plat and CUP/PD for Fairview Lakes and Devon Park, unless modified below. 2. A detailed conditional use permit application is required for the building shown as "future" on the west property line. This building is not approved with the subject application. 3. The applicant/developer shall coordinate with the Meridian Parks Department to ensure the multi -use pathway is constructed in appropriate aligru- ent with the Jackson Drain pathway in Trailway Subdivision. A written statement verifying Parks Department approval shall be submitted to the P&Z Department prior to the first Certificate of Occupancy being issued on the subject property. 4. The submitted landscape plan, prepared by Tamura & Associates and dated 8-16-04 is approved as submitted with one clarification: The "Honey Locust" tree species shown on the plan shall not be a thorned variety. 5. The applicant shall revise the Site Plan to provide a minimum 20 -foot wide emergency vehicle turnaround at the north terminus of the east driveway. The turnaround shall be approved by the Meridian Fire Department. 6. The applicant shall comply with the condition of Sanitary Service Company to allow a minimum of 60 feet drive on clearance to all waste receptacles. The applicant shall coordinate the design and location of the trash receptacles with SSC prior to any final action by the P&Z Commission. Submit a written approval from SSC and fifteen (15) copies of any revised Site Plans (if necessary) to the City Clerk's Office. STANDARD CUP CONDITIONS 1. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. Exhibit C — CUP -04-037 — Findings, Decision & Order Page 1 of 4 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91.) for all off-street parking areas. Stone water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off- site ffsite disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. 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. The ditches to be piped should be shown on the site plans. flans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 7. Comply with the conditions and comments of all City Departments, and other agencies S. No signs are approved with the application. All signage requires separate permits. 9. All development and construction shall comply with the Americans with Disabilities Act. 10. All parking and circulation within the project shall be incompliance with MCC I I-13. Exhibit C — CUP -04-037 -- Findings, Decision & Order Page 2 of 4 OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. MERIDIAN FIRE DEPARTMENT I . Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Provide a 20 -foot wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The proposed multi -family lot has an estimated 75 units with a total estimated population of 90 residents at build out The Meridian Fire .Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. Maintain a separation of 5 -feet from the building to the dumpster enclosure. 8. Provide a knoxbox entry system for the complex. 9. Fire Sprinklers will be required for all buildings associated with this project. Exhibit C — CUP -04-037 — Findings, Decision & Order Page 3 of 4 10. Provide exterior egress lighting as required by the International Building & Fixe Codes. 11. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. 12. All residents within the proposed facility shall be ambulatory and capable of self- preservation. elfpreservation. Exhibit C — CUP -04-037 — Findings, Decision & Order Page 4 of 4 EXHIBIT D ACHD Conditions of Approval Devon Park 111 Fairview Lakes — Assisted Living Facility (File CUP -04-037) 1. On July 10, 2002, the Ada County Highway District Commissioners acted on MAZ-02- 011 /MCUP-02-014/MPP-02-034 for Fairview Lakes/Devon Park. The conditions and requirements also apply to MCUP-04-037. EXHIBIT E Nampa Meridian Irrigation District Conditions A Land Use Change Application must be filed prior to final platting showing impact on the District's Eight Mile Lateral. PIease contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. 3. The District's Jackson Drain courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan before any construction is unacceptable. 4. All municipal surface drainage must be retained on site. If any municipal surface drainage Ieaves the site, NMID must review drainage plans. 5. The developer must comply with Idaho Code 31-3805. 6. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT F Conditional Use Permit Findings Devon Park IIIFairview Lakes --- Assisted Living Facility (File No. CUP -04-037) The City Council hereby approves the following analysis of required .findings by staff: CONDITIONAL USE PERMIT STANDARDS 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 hearings) is adequate to establish (11- 1 7-3): 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; Staff finds that the subject property is large enough to accommodate the requested detailed uses (assisted living and independent living waits). It remains undetermined at this time if the "Future Building" on the west boundary will meet this finding. The assisted living use requires a minimum of one (1) parking stall for every five (5) beds in the facility, or 13 stalls total (for 65 units). The Site Plan lists 50 stalls being provided. It is recognized, however, that the 1:5 bed ratio is likely low and assumes a higher percentage of non-ambulatory residents than is often found in assisted living situations. The independent living use (calculated as single family dwellings) requires one parking stall for the one bedroom units and two parking stalls for the two bedroom units. Each "Future Building" as shown on the plan contains two one -bedroom units and two two-bedroom units. So, each free-standing building would require six (6) parking spaces. Each unit shows a single car garage, in addition to the driveway apron parking in front of each garage. Including the garage spaces, the off-street parking ratio is exceeded for this independent living use area. The other potential site modification relates to the condition of Sanitary Service Co. (SSC), who is requesting more detail be provided on solid waste trash collection on the site. The applicant must coordinate the design and location of the trash receptacles with SSC. (See Site Specific condition #4.) 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; The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP, are met with this application and site plan. Staff finds the proposed senior residential use is harmonious with and in accordance with the Comprehensive Plan. Staff also finds that MCC 11-8-1 prohibits "Nursing Home" uses in the R-40 zone. A nursing home is defined as a private establishment that provides Iiving quarters and care for the elderly or the chronically ill. The application calls the proposed use "assisted living" and not a "nursing home." However, the nursing home definition in MCC 11-2-2 is clearly the same as what the applicant calls assisted living. "Retirement Homes" (undefined in MCC 11-2-2 but generally defined as being independent living) are allowed with a CUP in the R-40 zone, which would allow the independent Iiving units to be constructed without rezoning the property. 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; Staff finds that the Planning & Zoning Commission and City Council have previously determined similar uses and site configuration to the subject application to be compatible with the general neighborhood. It is generally accepted that apartment housing (the existing, approved use) is a more intensive use than senior housing. In addition, staff finds that the single story building designs are compatible with the adjacent residential uses. Finally, the applicant is proposing to route all traffic south to the signalized intersection at N. Lakes Avenue rather than via Clarene Street to the east. This should help mitigate impacts on the Settlers Village Subdivision. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the revised project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. To mitigate any potential adverse impact, the applicant must comply with the minimum buffers between land uses widths. 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 finds that the revised development plans will be adequately served by the essential public facilities and services listed above. The applicant has already received approval for these services as part of previous applications. This finding must be met separately by SSC for the refuse disposal services once the applicant clarifies how trash collection will be handled. 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; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. The use will be a net contributor to the tax base and job base of the City. 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; Staff finds that there will be similar levels of traffic and noise in the general vicinity of the revised project when compared to the original approved project. Staff further finds that approval of the revised project will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. A traffic signal is now operational for the intersection of N. Lakes Avenue and E. Fairview Ave, which should enhance the movement and circulation of traffic in this area. Please review the ACRD report for this project for additional information regarding this finding. 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 finds that the Jackson Drain in Devon Park No. 2, which was originally planned to remain open as an amenity of the development, is now proposed to be piped. The Jackson Drain is piped to the southeast but not piped through Trailway Subdivision to the northwest and is an amenity of the City's regional multi -use pathway. The Commission and Council find that the applicant's proposal to pipe the drain is acceptable since the drain is already piped to the south. Also, existing trees greater than 4" caliper must be retained or mitigated for, if removed. November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 CUP 04-029 APPLICANT Condra and Donald Steeves ITEM NO. 5-G REQUEST Findings for Approval — Request for a Conditional Use Permit for a daycare facility for 30 to 40 children In an R-8 zone for Condra Steeves Daycare Center — 1258 East Cougar Creek Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See cdtached Findings 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: me SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: a4AAl'& Lt6t _ Date: f( tiC� � Phone: Emailed: czrA)r} r -A°_®nice C to J:s r.fle"Staff Initials: Materials presented at public meetings shalt become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA DECISION & ORDER In the Matter of a Request for a Conditional Use Permit for a Daycare Facility in a R-8 Zonefor Conndra Steeves Daycare Center. Case No(s). CUP -04-029 For the City Council Hearing Dates of: October 5, 2004 and November 3, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the October 5, 2004 and November 3, 2004 public hearings. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written. testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5. 3. Application and. Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CLIP -04-029 - .PAGE l of 5 f verified that the property owners of record at the time of issuance of these findings are Kelly J. Perry and Stephanie R. Perry, 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for the application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. 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 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall .meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's CUP Site Plan is hereby conditionally approved; and 2. The following modifications to site specific conditions were made at the November 3, 2004 City Council hearing: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -04-429 - PAGE 2 of 5 a. Enrollment not to exceed 27 students for current term and not to exceed 25 students at re -enrollment and thereafter; b. Install 3 motion -activated lights in the rear yard (one above each window or door); G. Install and maintain landscaping that is consistent and compatible with the residential neighborhood as approved with the alternative compliance request. d. Per Meridian City Code §I1-17-10, this Conditional Use Permit shall not run with the Iand, and no transfer of the Conditional Use Permit to new owners or occupants shall be granted without a petition to the City Council and a public hearing. 3. The site specific and standard conditions of approval are as shown in Exhibits C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (1.8) Month Conditional Use Pen -nit 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 pen -nits 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.) E. 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. 2. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -04-029 - PAGE 3 of 5 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. F. Exhibits Exhibit A: Legal Description Exhibit B. Approved Site Plan Exhibit C: Modified Conditions of Approval Exhibit D. Conditional Use Permit Findings 2' By action of the City Council at its regular meeting held on the �'d f day of November, 2004. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) 01F� rrfriri- Attest: ,•`� �o o illiam G. Berg, Jr., EAL ---rJf . T'`I ' .: �\'IV VOTED VOTED V VOTED VOTED VOTED Weerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -04-029 - PAGE 4 of 5 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney, By. m4hDated: i 30 - 4 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -04-429 - PAGE 5 of 5 EXHIBIT "A" Legal Description Condra Steeves Daycare (CUP -04-029) Legal Description for 1258 E. Cougar Drive Lot 13, Block lof Cougar Creep Subdivision, Filed in Boob 66 of Plats at Page 6822 and 6823, Official Records of Ada County, Idaho. EXHIBIT "S" Approved Site Plan Condra Steeves Daycare {CUP -04-029} z AAlES CONSTRUCTION a s TE PLA D" S LLCUP (2wrm-.447(3 )19 sruecrravyx, r� S. tt7 W ! �n S' I c A— t. EAST CO UGAR C klil'K ma t TjL- z AAlES CONSTRUCTION a s TE PLA D" S LLCUP (2wrm-.447(3 )19 sruecrravyx, r� EAST CO UGAR C klil'K ma t TjL- z AAlES CONSTRUCTION a s TE PLA D" S LLCUP (2wrm-.447(3 )19 sruecrravyx, r� EXHIBIT "C" Conditions of Approval Condra Steeves Daycare (CUP -04-029) P&Z/PUBLIC WORKS CONDITIONS OF APPROVAL Site Specific Conditions of Approval 1. The applicant shall work with the City of Meridian Planning and Zoning Department to obtain alternative compliance for landscape buffer requirements. 2. Enrollment shall not exceed 27 students for current term and shall not exceed 25 students at re -enrollment or thereafter. 3. The applicant shall install three (3) motion -activated lights in the rear yard (one above each window or door). 4. The applicant shall install and maintain landscaping that is consistent and compatible with the residential neighborhood as approved with the alternative compliance request. 5. Per Meridian City Code §11-17-10, this Conditional Use Permit shall not run with the land, and no transfer of the Conditional Use Permit to new owners or occupants shall be granted without a petition to the City Council and a public hearing. Conditional Use Permit Standard Conditions of Approval 1. Sanitary sewer and water service shall be from existing service lines on the property. 2. All exterior lighting, whether attached to the building or located within the parking area, shall be down -shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. ACRD CONDITIONS OF APPROVAL Site Specific Conditions of Approval 1. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACED Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (I - 800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 1 L Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in, force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the tune the change in use is sought. CENTRAL DISTRICT HEALTH CONDITIONS OF APPROVAL 1. We will require plans to be submitted for a plan review for any child care center CITY OF MERIDIAN DEPARTMENT CONDITIONS OF APPROVAL Fire 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. All Daycare's with seven or more children must pass an inspection using the criteria of the Idaho State Fire Marshall. Police 1. No comment Parks Department 1. No comment. SSC CONDITIONS OF APPROVAL For the applicant's information, the proposed project shall be subject to commercial rates, not residential. EXHIBIT "D" Required Findings Condra Steeves Daycare (CUP -04-029) CONDITIONAL USE 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; Staff finds that the subject property, as depicted is large enough to accommodate the required parking, open spaces, and. landscape buffers required by the ordinance for a daycare, as long as the buffers between land uses and the compact parking spaces are approved under alternative compliance. The applicant is requesting alternative compliance for the 20' required landscape buffer on the east and west sides of the subject property and requesting permission to allow two of the required parking spaces to be compact parking spaces inside the existing garage. Staff finds that the 15' front yard setback for the parking spaces is appropriate, based on the interpretation that the R -S zone has a 15' front yard setback for living areas. See P&Z Site Specific Condition #1. 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; The Comprehensive flan Land Use Map designates the property as "Medium Density Residential," and it is currently zoned R-8. Staff finds that the requested use is in compliance with the approved Future Land Use Map. Staff finds that if approved, the CUP complies with Meridian City Code. 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; Staff finds that the proposed use will not change the existing or intended character of the general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the neighborhood. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining if the proposed use will adversely change the character of the 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; Staff does not anticipate that the proposed use will adversely affect adjacent properties. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. 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 finds that the proposed development can be adequately served by the essential public facilities and services listed above. Police and fire comments are included in the agency comments section of the staff report, Sanitary Services Company (SSC) will provide refuse disposal services to the property, 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; Staff finds that the proposed daycare facility will not be detrimental to the economic welfare of the community, nor would. it create the need for any new facilities or services to be paid for by the public. 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; Staff finds that while the proposed daycare facility will increase traffic and noise, no excessive smoke, fumes, glare or odors will result from the proposed use. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. The existing driveway will be used by the proposed daycare facility. T. 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 finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. The property has already been developed as a single family residence and all existing trees will be retained. November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 RZ 04-011 APPLICANT Landmark Engineering and Planning, Inc. ITEM NO. 5-H REQUEST Findings for Approve — Request for a Rezone of 9.16 acres from R-8 to GC zones for Cairns Crossing Subdivision — south of West Cherry Lane and east of Linder Road Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See af4ached Findings Date: ftci- 6 Phone: k,300 #�b n d -M cap . Cam Staff Initials: Materials presented at public meetings shall became property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA DECISION & ORDER In the Matter of a Rezone of 9.16 Acres from R-8 to C -C AND Preliminary Plat Approval for Eleven Commercial Building Lots in a Proposed C -C Zone for Cairns Crossing Subdivision, by Landmark Engineering & Planning, Inc. Case Nos. RZ-04-011, PP -04-033 For the City Council Hearing Date of. November 16, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the November 3, 2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matters to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 1 L-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. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS, RZ-04-0 [ i & PP -04-033 - PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is Stubblefield Development Company. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Rezone application. b. See Exhibit F for the findings required for the Preliminary Plat application. B. Conclusions of Law L The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles I 1 and 12, Meridian City Code, and all current zoning maps thereof. 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. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 11-17-9, 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat stamp dated September 28, 2004 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamp dated September 28, 2004 is hereby conditionally approved; and, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-011 & PP -04-033 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits L Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. 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. 2. 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Rezone Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Rezone Findings Exhibit F: Preliminary Plat Findings By a ion of the City Council at its regular meeting held on the day of 2004. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-01 I & PP -04-033 - .PAGE 3 of 4 COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED-9!� COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, The and City Attorney. P AL aii V oning Department, Public Works Department By: Dated: 12-1-4-04 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-011 & PP -04-033 - PAGE 4 of EXHIBIT A Legal Description Cairns Crossing Rezone (RZ-04-011) Re -,Zone Boundary Description for Stubblefield Development A parcel for re -zone purposes located in the NW V4 of the NW V. of Section 12, Township 3 Noith, Range 1 West, Boise Meridian, Ara County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northeasterly comer of said NW % of the NW % (1116 Corner), frown which a brass cap monument marking the noithwesterty corner of said NW % of the t+ 1% (Section Comer) bears N 89'53'55' W a distance of 1326.46 feet; Thence S 0"18'08' W along the easterly boundary of said NW % of the NW Y, a distance of 495.77 feet to a 5/8 inch diameter iron pin marking the northeasterly comer of North Gate No. 3 Subdivision as shown in Book 38 of Plats at Page 3150 in the office of the Recorder. Ada County, Idaho; Thence N 89 44'01" W along the northerly boundary of said North Gate No. 3 Subdivision and the northerly boundary of North Gate No. 2 Subdivision as shown in Book 33 of Plats at Page 2024 in the office of the Recorder, Ada County, Idaho, a distance of 894.44 feet to a point; Thence N 3"5729' E along the westerly boundary of said North Gate No. 2 Subdivision a distance of 205.67 feet to a 518 inch diameter iron pin; Thence Leaving said westerly boundary N 0*12'40' E a distance of 287.99 feet to a point on the northerly boundary of said NW % of the NW Thence S 89"53'55" E along said northerly boundary a distance of 881.50 feel to the POINT OF BEGINNING. This parcel contains 10.04 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, Inc. August 24, 2004 EXHIBIT B Approved Preliminary Plat Cairns Crossing (PP -04-033) EXHIBIT C Rezone Conditions of Approval Cairns Crossing (File RZ-04-011) The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: I. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service PIanning Area. Essential City services can be made available to the subject property. 3. All fixture development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. A Development Agreement shall be required. Said agreement shall contain the following conditions: A. A cross access agreement must be established for all subdivision lots. In addition, a cross access agreement must be established with the Linder Crossing parcel to the west. B. All Cherry Lane facing building elevations on Lots 1, 2, 3, 4, and 5, Block 1 (lots adjacent to Cherry Lane) shall have at least 40% glass and floors above the main floor shall have a minimum of 20% glass. Also, on the aforementioned lots, one or more of the following shall be incorporated into all building walls facing Cherry Lane: awnings, modulated/articulated walls, parapets, cave overhangs or similar design features. C. All HVAC units located on the roofs of buildings must be screened. D. Lots 8, 9, 10 and 11, Block 1 (all lots adjacent to the south property line) shall have a restriction that any use that is not consistent with a standard Limited Office zone use shall be restricted to hours of operation between 6:00 a.m. and 11:00 p.m. every day of the week. E. The south perimeter block wall shall be designed such that the top of the wall matches the top of the existing wall in Linder Crossing, allowing for overall wall height to exceed six feet if the ground contours demand. EXHIBIT D Preliminary Plat Conditions of Approval Cairns Crossing Subdivision (File PP -04-033) The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. SITE SPECIFIC CONDITIONS OF APPROVALPRELI _PLAT) MINARY , 1. Sanitary sewer service to this site will be from main line extensions from mains adjacent to the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. Water service to this site will be from main line extensions from existing water mains adjacent to the proposed development. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Per MCC 12-13-10-4, construct a minimum 25 -foot wide street buffer along Cherry Lane and a minimum 25 -foot wide buffer adjacent to the southern boundary and a minimum 20' buffer along the eastern boundary. All required street buffers shall be located beyond any future right -of way. 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. S. Please provide additional information on relocation of Cairns lateral. Applicant shall work with staff to plan the final relocation of the Cairns Lateral. 6. The Preliminary Plat shall be revised as follows: a. Show where pump station will be relocated; b. Modify plat to show two access points off of Cherry Lane and align eastern access point with the library's ingress access point; c. Provide a pedestrian connection to Cherry Lane at the western driveway; d. Show an emergency access connection and pedestrian connection at the 131h Street stub; and e. Show second access point to the west on preliminary plat. 7. A detailed fencing and landscape plan., in compliance with MCC 12-13, shall be submitted with the final plat application. Any future proposed drive-thru's will require a Conditional Use Permit application. 9. A Certificate of Zoning Compliance (CZC) will be required prior to the issuance of building permits. Since parking is not assessed with the preliminary plat, compliance with parking requirements will be verified with the Certificate(s) of Zoning Compliance. SSC must approve the site plan prior to the issuance of a CZC for the subject property. 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 have to be removed. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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. 13. The applicant has indicated that the business owners association will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the municipal water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 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. 14. Emergency access located at the 13th Street stub shall be a minimum twenty foot (20') wide access gate for emergency services and two (2) five foot (5') wide pedestrian openings, per the drawing submitted by the applicant at the November 3, 2004 City Council hearing. The exact design details shall be coordinated with staff at the time of preparation of construction drawings for the preliminary plat. 15. Revise the plat note addressing setback lines; the note incorrectly lists the front setback as 20'. The setback is 25' for the C -C zoning district. 16. Ordinance requires landscape buffers to be located in a common lot but applicant may request as a part of their application to have the landscape buffers to be located in easement. If the landscape buffers are located in an easement the landscaping shall be maintained by a common business owners association. Prior to City Council applicant must either modify the plat or request alternative compliance to allow the landscaping easement from the Planning Director. B. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two -hundred -fifty -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividers expense. Typical locations are at street intersections and/or fire hydrants. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five -foot -wide sidewalks throughout development in accordance with City Ordinance, 10. All construction shall conform to the requirements of the Americans with Disabilities Act, C. Adopt the Recommendations of ACRD as follows: Construct a 35 -foot wide curb return type driveway that intersects Cherry Lane to align to 13th Avenue on the north side of Cherry Lane. Construct the driveway as a 15 -foot curb return type driveway and pave the driveway its full width and at least 30 -feet into the site beyond the edge of Cherry Lane. 2. Construct a 35 -foot wide curb return type driveway that intersects Cherry Lane at the east property line to align with a driveway on the north side of Cherry Lane that serves the Meridian Public Library. Construct the driveway as a 1.5 -foot curb return type driveway and pave the driveway its full width and at least 30 -feet into the site beyond the edge of Cherry Lane. 3. Do not extend 13th Avenue as a public street. Construct a single I0 -foot wide access (minimum) or two 5 -foot wide accesses to allow pedestrians and bicyclists to freely travel between the existing neighborhood and the new commercial development. Coordinate with Meridian City Emergency Services and District staff to determine an appropriate means for emergency access, pedestrian and bicycle traffic. 4. Submit a signed cross access agreement for this parcel and the parcel to the west to share ingress and egress to Cherry Lane. 5. Other than the access points that have specifically been approved with this application, direct access to Cherry Lane is prohibited and shall be noted on the final plat. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall. prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACED shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with. all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: I. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant Iocation. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Fire lanes and streets shall have a vertical clearance of 13'61'. This includes mature landscaping. 5. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The 11 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. Maintain a separation of 5' from the building to the dumpster enclosure. 8. Provide a Knoxbox entry system for the complex. 9. All processes & storage practices shall be required to comply with the International Fire Code. 10. Provide exterior egress lighting as required by the International Building & Fire Codes. 11. Please contact the Fire Marshall at 888-1234 to work specific issues associated with this project. i 12. If buildings are sprinkled all fire connections will be within 100' of a hydrant. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from. appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 3. All laterals and waste ways must be protected. 4. The developer must comply with Idaho Code 31-3805. 5,. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E Rezone Findings (File RZ-04-011) The City Council hereby approves the following analysis of required findings by staff: 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 I 1-15-11 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; Staff finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial." The proposed C -C zoning is compatible with the Comprehensive Plan designation of "Commercial." Staff also finds the following 2002 Comprehensive Plan text policies to be applicable (staff analysis is in italics below policy): + "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) The proposed Cairns Crossing Subdivision has frontage Cherry Lane, a principal arterial roadway. The applicant is proposing a pedestrian connection with the residential subdivision to the south of the subject property. The proposed commercial development complements adjoining residential areas. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6) As required under MCC 12-13, the applicant is proposing landscaping buffers at the edges of the subject property bordering Northgate residential subdivision. • "Permit new ... commercial ... developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal 1, Obj. A, #6) Cairns Crossing Subdivision is contiguous to existing city limits and sanitary sewer, water and other urban utilities can be extended to meet the needs of the development. B. 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; The property immediately to the west of the subject property was recently developed as a commercial development. Linder Crossing, a multi -tenant commercial building with C -N zoning was permitted through a CZC application in 2002. Staff finds a rezone of the proposed property would be compatible with other land use and facility changes in the area. C. 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; No specific uses are proposed with this application. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and standards, should be harmonious and appropriate in appearance with the existing character of the vicinity. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds the majority of the potential future uses on the subject property allowable in the C -C zoning district will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. The proposed landscape buffers and the block walls located at the southern edge of the property and the southwest edge of the property adjoining residential uses are intended to mitigate any disturbances. E. 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 the public streets adjacent to the subject property will handle the additional traffic generated by future development. See the report from the Ada County Highway District for further details concerning the potential traffic impacts of the proposed development. ACHD has recommended that the applicant provide only two access points to Cherry Lane and that the eastern access point be aligned with the library's access point directly north of the subject property. See Zoning Comment "H" regarding the stub street at 13th Street. Sanitary sewer and water are either currently available or can be made available to provide service to the area. All other public services and facilities noted above appear to be adequate to service this property. F. 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; Staff finds that this development will not cause excessive additional requirements at public cost. All site improvements will be funded and constructed by the developer. We also find that the rezone alone will not be detrimental to the community's economic welfare. G. 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 several of the allowed uses in the C -C zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. The allowed uses in the C -C zone are generally limited to uses compatible with residential uses. The Commission and Council require that a Development Agreement be entered into to address any potentially detrimental activities (e.g. hours of operation). H. 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; Staff finds that the vehicular approaches, if modified as recommended by staff and ACHD, will not create an interference with traffic on surrounding streets. See the report from the Ada County Highway District for further details concerning the potential traffic impacts of the proposed development. ACHD has recommended that the applicant provided only two access points to Cherry Lane and that the eastern access point be aligned with the library's access point directly north of the subject property and that the applicant provide a pedestrian connection and emergency access at the 13th Street stub located to the south of the subject property. The applicant is proposing to not provide a vehicular connection between the stub located at 131h Street at the southern edge of the subject property and the proposed commercial subdivision. The applicant is, however, proposing to provide emergency vehicle access and a pedestrian connection at 13t11 Street; this proposal is supported by both Meridian's Police and Fire Departments and ACHD. Staff is supportive of the applicant's proposal to provide a pedestrian connection and emergency access at the 13th Street stub in light of the strong opposition by the residents of 13th Street to the vehicular connection and the relatively close proximity of 13th Street to Linder Road. The pedestrian connection will allow residents to easily access the commercial subdivision by foot or bicycle and steel feels that the proximity of 13th Street to Linder Road does not necessitate a vehicular connection at 13th Street. The connection at 13th Street was discussed at the public hearings held in 2001 for the Linder Crossing CUP and rezone applications. The applicant originally proposed to provide a vehicular connection at 13th Street. The CUP and rezone applications (RZ-00-005 and CUP -00-048) were withdrawn by the applicant before any decisions were made by Council regarding the access point at 13th Street. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the rezone alone will not result in the destruction, loss or damage of natural or scenic features. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that the rezoning of this property would be in the best interest of the City for the following reasons: • increased commercial land base; • increased property tax revenue; • municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. EXHIBIT F Preliminary Plat Findings (File PP -04-033) The City Council hereby approves the following analysis of required findings by staff. Sections 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; Staff finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial" and staff finds the subdivision to be in substantial compliance with the Plan. See other findings under the Annexation and Zoning analysis above. b. The availability of public services to accommodate the proposed development; Staff finds that public services are readily available to the lots within. the proposed subdivision. The Commission and Council should review comments provided by the Meridian Fire and Police Departments. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), staff finds that the number of vehicular access points to Cherry Lane should be restricted and comply with ACRD policies in order to preserve the capacity and movement on the roadway at build -out. Staff and ACRD are recommending that the applicant modify the proposed site plan to include only two access points off of Cherry Lane rather than the three access points proposed by the applicant. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision is in conformance with and will not negatively impact the capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for supporting services. The developer will fund and construct the majority of the supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that as long as the developer complies with all regulatory agency standards, no health, safety or environmental problems are anticipated by this development. November ] 9, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 PP 04-033 APPLICANT Landmark Engineering and Planning, Inc. ITEM NO. 5-6 REQUEST Findings for Approval -- Request for Preliminary Plat approval of 11 commercial building lots on 9.16 acres in a proposed C -C zone for Cairns Crossing Subdivision --south of West Cherry Lane and east of Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted: Date: 4t. -110q Phone: .�W,-)--_� Emalled: lti ai F C� n �Mc��— C . Cc3 M Staff initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW DECISION & ORDER In the Matter of a Rezone of 9.16 Acres from R-8 to C -C AND Preliminary Plat Approval for Eleven Commercial Building Lots in a Proposed C -C Zone for Cairns Crossing Subdivision, by Landmark Engineering & Planning, Inc. Case Nos. RZ-04-011, PP -04-033 For the City Council Hearing Date of. November 16, 2004 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the November 3, 2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matters to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-011 & PP -04-033 - PAGE 1 of 4 verified that the property owner(s) of record at the time of issuance of these findings is Stubblefield Development Company. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Rezone application. b. See Exhibit F for the findings required for the Preliminary Plat application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat stamp dated September 28, 2004 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamp dated September 28, 2004 is hereby conditionally approved; and, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-01 l & PP -04-033 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-43 & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. 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. 2. 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Rezone Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Rezone Findings Exhibit F. Preliminary Plat Findings By,action of the City Council at its regular meeting held on the 2-5" day of , 2004. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-01 I & PP -04-033 - PAGE 3 of 4 COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED 1� COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor aimy yl Weerd �-"0 111 t! f` � zl Attest: BEALWilliam G. Berg, Jr., Mty Clerk';'70 P1 y y�Cj A %.37� Copy served upon Applicant, The Plar%l g aiel'o epartment, Public Works Department and City Attorney. By Dated: 12-1-1-04 Amce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. RZ-04-011 & PP -04-033 - PAGE 4 of 4 A EXHIBIT A Legal Description Cairns Crossing Rezone (RZ-04-01 l ) Re -Zone Boundary Description for Stubblefield Development A parcel for Wzone purposes located in the NW 'l of the NW % of Section 12, Township 3 Noah, Range 1 W€st, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5M inch diameter iron pit marking the northeasterly, comer of said NW 'f. of the NW % (1115 Comer), front which a brass rap monument marking the northwesterly corner of said NW % of the NW'/ (Section Corner) bears N 69'53'55' W a distance of 1325.45 feet; Thence S 0'16'06" W along the easterly boundary of said NW Y4 of fhe NW % a distance of 495.77 feet to a 518 inch diameter iron pin marking the norlheasterty comer of Nath Gate No. 3 Subdivision as shown in Book 38 of Plats at Page 3160 in the office of the Recorder, Ada County, Idaho; Thence N 89"44'01' W along the 'northerly boundary of said North Gate No. 3 Subdivision and the northerly boundary of North Gate No. 2 Subdivision as shown in Book 33 of Plats at Page 2024 in the office of the Recorder, Ada County, Idaho, a distance of 894.44 feet to a point Thence N 357'29' E along the westerly boundary of said North Gate No. 2 Subdivision a distance of 205.67 feet to a 518 inch diameter iron pin. Thence leaving said westerly boundary N 0'12'40" E a distance of 287.99 feet to a point on the northerly boundary of said NW'/ of the NW'/.; Thence S 89'53'55' E along said northerly boundary a distance of 881.50 feet to the POINT OF BEGINNING. This parcel contains 10.04 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, Inc. August 24. 2004 AUG i 5 04 Meridian Pabblic Works Dept EXHIBIT B Approved Preliminary Plat Cairns Crossing (PP -04-033) C�\YFFITI,U. PIh.;\ fOk Gt1F�5 CROSSING SCIS©CV[STO�' srcx,xxav ne tiwsfaxrncv¢ ril.xumrzlumxi,cu.�,m,aq ,avur..,ni� .num ak q 1i � uim•¢caminel � i. � ("s� � � _ ? I fl C rs if c ii I I` I. �o SEF 2 9 1004' f` r f= CMOPMERMIANa _� EXHIBIT C Rezone Conditions of Approval Cairns Crossing (File RZ-04-011) The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: I. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian. ordinances in effect at the time of application. 4. A Development Agreement shall be required. Said agreement shall contain the following conditions: A. A cross access agreement must be established for all subdivision lots. In addition, a cross access agreement must be established with the Linder Crossing parcel to the west. B. All Cherry Lane facing building elevations on Lots 1, 2, 3, 4, and 5, Block I (lots adjacent to Cherry Lane) shall have at least 40% glass and floors above the main floor shall have a minimum of 20% glass. Also, on the aforementioned lots, one or more of the following shall be incorporated into all building walls facing Cherry Lane: awnings, modulated/articulated walls, parapets, eave overhangs or similar design features. C. All HVAC units Iocated on the roofs of buildings must be screened D. Lois S, 9, 10 and 11, Block 1 (all lots adjacent to the south property line) shall have a restriction that any use that is not consistent with a standard Limited Office zone use shall be restricted to hours of operation between 6:00 a.m. and 11:00 p.m. every day of the week. E. The south perimeter block wall shall be designed such that the top of the wall matches the top of the existing wall in Linder Crossing, allowing for overall wall height to exceed six feet if the ground contours demand. EXHIBIT D Preliminary Plat Conditions of Approval Cairns Crossing Subdivision (File PP -04-033) The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) Sanitary sewer service to this site will be from main line extensions from mains adjacent to the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. Water service to this site will be from main line extensions from existing water mains adjacent to the proposed development. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Per MCC 12-13-10-4, construct a minimum 25 -foot wide street buffer along Cherry Lane and a minimum 25 -foot wide buffer adjacent to the southern boundary and a minimum 20' buffer along the eastern boundary. All required street buffers shall be located beyond any future right-of-way. 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. 5. Please provide additional information on relocation of Cairns lateral. Applicant shall work with staff to plan the final relocation of the Cairns Lateral. b. The Preliminary Plat shall be revised as follows: a. Show where pump station will be relocated; b. Modify plat to show two access points off of Cherry Lane and align eastern access point with the library's ingress access point; c. Provide a pedestrian connection to Cherry Lane at the western driveway; d. Show an emergency access connection and pedestrian connection at the 13'h Street stub; and e. Show second access point to the west on preliminary plat. 7. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 8. Any future proposed drive-thru's will require a Conditional Use Permit application. 9. A Certificate of Zoning Compliance (CZC) will be required prior to the issuance of building permits. Since parking is not assessed with the preliminary plat, compliance with parking requirements will be verified with the Certificate(s) of Zoning Compliance. SSC must approve the site plan prior to the issuance of a CZC for the subject property. 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 have to be removed. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Offsite disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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. 13. The applicant has indicated that the business owners association will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the municipal water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 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. 14. Emergency access located at the 13`1' Street stub shall be a minimum twenty foot (20') wide access gate for emergency services and two (2) five foot (5') wide pedestrian openings, per the drawing submitted by the applicant at the November 3, 2004 City Council hearing. The exact design details shall be coordinated with staff at the time of preparation of construction drawings for the preliminary plat. 15. Revise the plat note addressing setback Iines; the note incorrectly lists the front setback as 20'. The setback is 25' for the C -C zoning district. 16. Ordinance requires landscape buffers to be located in a common lot but applicant may request as a part of their application to have the landscape buffers to be located in easement. If the landscape buffers are located in an easement the landscaping shall be maintained by a common business owners association. Prior to City Council applicant must either modify the plat or request alternative compliance to allow the landscaping easement from the Planning Director, B. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two -hundred -fifty -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. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. 'Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five -foot -wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. C. Adopt the Recommendations of ACRD as follows: Construct a 35 -foot wide curb return type driveway that intersects Cherry Lane to align to 13th Avenue on the north side of Cherry Lane. Construct the driveway as a 15 -foot curb return type driveway and pave the driveway its full width and at least 30 -feet into the site beyond the edge of Cherry Lane. 2. Construct a 35 -foot wide curb return type driveway that intersects Cherry Lane at the east property line to align with a driveway on the north side of Cherry Lane that serves the Meridian Public Library. Construct the driveway as a 15 -foot curb return type driveway and pave the driveway its full width and at least 30 -feet into the site beyond the edge of Cherry Lane. Do not extend 13th Avenue as a public street. Construct a single 10 -foot wide access (minimum) or two 5 -foot wide accesses to allow pedestrians and bicyclists to freely travel between the existing neighborhood and the new commercial development. Coordinate with Meridian City Emergency Services and District staff to determine an appropriate means for emergency access, pedestrian and bicycle traffic. 4. Submit a signed cross access agreement for this parcel and the parcel to the west to share ingress and egress to Cherry Lane. Other than the access points that have specifically been approved with this application, direct access to Cherry Lane is prohibited and shall be noted on the final plat. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the night -of -way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: I. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. £ Fire hydrants shall not have any vertical obstructions to outlets within 10'.The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The I l office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. Maintain a separation of 5' from the building to the dumpster enclosure. 8. Provide a Knoxbox entry system for the complex. 9. All processes & storage practices shall be required to comply with the International Fire Code. 10. provide exterior egress Iighting as required by the International Building & Fire Codes. 11. Please contact the Fire Marshall at 888-1234 to work specific issues associated with this project. 12. If buildings are sprinkled all fire connections will be within 100' of a hydrant. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. 4. The developer must comply with Idaho Code 31-3805. S,. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E Rezone Findings (File RZ-04-011) The City Council hereby approves the following analysis of required findings by staff: 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 I 1-15-11 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; Staff finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial." The proposed C -C zoning is compatible with the Comprehensive Plan designation of "Commercial." Staff also finds the following 2002 Comprehensive Plan text policies to be applicable (staff analysis is in italics below policy): • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VIZ, Goal I, Obj. B, #5) The proposed Cairns Crossing Subdivision has frontage Cherry Lane, a principal arterial roadway. The applicant is proposing a pedestrian connection with the residential subdivision to the south of the subject property. The proposed commercial development complements adjoining residential areas. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6) As required under MCC 12-13, the applicant is proposing landscaping buffers at the edges of the subject property bordering Northgate residential subdivision. • "Permit now ... commercial ... developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) Cairns Crossing Subdivision is contiguous to existing city limits and sanitary sewer, water and other urban utilities can be extended to meet the needs of the development. B. 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; The property immediately to the west of the subject property was recently developed as a commercial development. Linder Crossing, a multi -tenant commercial building with C -N zoning was permitted through a CZC application in 2002. Staff finds a rezone of the proposed property would be compatible with other land use and facility changes in the area. C. 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; No specific uses are proposed with this application. Staff finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and standards, should be harmonious and appropriate in appearance with the existing character of the vicinity. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds the majority of the potential future uses on the subject property allowable in the C -C zoning district will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. The proposed landscape buffers and the block walls located at the southern edge of the property and the southwest edge of the property adjoining residential uses are intended to mitigate any disturbances. E. 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 the public streets adjacent to the subject property will handle the additional traffic generated by future development. See the report from the Ada County Highway District for further details concerning the potential traffic impacts of the proposed development. ACHD has recommended that the applicant provide only two access points to Cherry Lane and that the eastern access point be aligned with the library's access point directly north of the subject property. See Zoning Comment "H" regarding the stub street at 13th Street. Sanitary sewer and water are either currently available or can be made available to provide service to the area. All other public services and facilities noted above appear to be adequate to service this property. F. 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; Staff finds that this development will not cause excessive additional requirements at public cost. All site improvements will be funded and constructed by the developer. We also find that the rezone alone will not be detrimental to the community's economic welfare. G. 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 several of the allowed uses in the C -C zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. The allowed uses in the C -C zone are generally limited to uses compatible with residential uses. The Commission and Council require that a Development Agreement be entered into to address any potentially detrimental activities (e.g. hours of operation). H. 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; Staff finds that the vehicular approaches, if modified as recommended by staff and ACRD, will not create an interference with traffic on surrounding streets. See the report from the Ada County Highway District for further details concerning the potential traffic impacts of the proposed development. ACHD has recommended that the applicant provided only two access points to Cherry Lane and that the eastern access point be aligned with the Iibrary's access point directly north of the subject property and that the applicant provide a pedestrian connection and emergency access at the 13th Street stub located to the south of the subject property. The applicant is proposing to not provide a vehicular connection between the stub located at 13th Street at the southern edge of the subject property and the proposed commercial subdivision. The applicant is, however, proposing to provide emergency vehicle access and a pedestrian connection at 13th Street; this proposal is supported by both Meridian's Police and Fire Departments and ACRD. Staff is supportive of the applicant's proposal to provide a pedestrian connection and emergency access at the 13th Street stub in light of the strong opposition by the residents of 131h Street to the vehicular connection and the relatively close proximity of 13th Street to Linder Road. The pedestrian connection will allow residents to easily access the commercial subdivision by foot or bicycle and steel feels that the proximity of 13`h Street to Linder Road does not necessitate a vehicular connection at 13th Street. The connection at 13th Street was discussed at the public hearings held in 2001 for the Linder Crossing CUP and rezone applications. The applicant originally proposed to provide a vehicular connection at 13th Street. The CUP and rezone applications (RZ-00-005 and CUP -00-048) were withdrawn by the applicant before any decisions were made by Council regarding the access point at 13th Street. L Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the rezone alone will not result in the destruction, loss or damage of natural or scenic features. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that the rezoning of this property would be in the best interest of the City for the following reasons: • increased commercial land base; • increased property tax revenue; • municipal services are available to the area; and • application substantially complies with the Comprehensive Plan. EXHIBIT F Preliminary Plat Findings (File PP -04-033) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 .I.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; Staff finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial" and staff finds the subdivision to be in substantial compliance with the Plan. See other findings under the Annexation and Zoning analysis above. b. The availability of public services to accommodate the proposed development; Staff finds that public services are readily available to the lots within the proposed subdivision. The Commission and Council should review comments provided by the Meridian Fire and Police Departments. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), staff finds that the number of vehicular access points to Cherry Lane should be restricted and comply with ACHD policies in order to preserve the capacity and movement on the roadway at build -out. Staff and ACHD are recommending that the applicant modify the proposed site plan to include only two access points off of Cherry Lane rather than the three access points proposed by the applicant. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision is in conformance with and will not negatively impact the capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for supporting services. The developer will fund and construct the majority of the supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that as long as the developer complies with all regulatory agency standards, no health, safety or environmental problems are anticipated by this development. November 19, 2004 AZ 03-038 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT Pinnacle Engineers, Inc. ITEM NO, S -K REQUEST Development Agreement – Request for Annexation and Zoning of 21.38 acres from G-2 to C -G zones for proposed Mussell Corner Subdivision – northeast corner of East Victory Road and South meridian Kuna Highway AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See a tached Development Agreement (`2�,1 , Date: l ! 6 Phone: Contacted:?, (� ,. _.— Emailed: Co Staff Initials: �L - Materials presented at public meetings shall become property of the City of Meridian.1 i AO COUNTY RECORDER J. ©AVID NAVARRO AMOUNT .00 37 BOI E IDAHO 12103/04 03;08 PMDE UTY I I II ff III 1I11 II ff 11 nie RE ORDEDnRE4UEST OF Oberbillig Median 01E 104153422 DEVELOPMENT PARTIES: 1. City of 2. Tim J. I er THIS DEVELOP ¢ Pricallte men"), is made and entered into this day of een CIYOl~MERIDIAN, a muncipal corporat aho, hereafd "CITY', and TIM J. MUSSELL AND CAROL SSELL, whose address is 100 East Victory, Meridian, Idaho 83642, hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described. in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "OWNER/DEVELOPER" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and. 1.4 WHEREAS, "OWNER/DEVELOPER" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C -G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OWNER/DEVELOPER" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ -03-03$) PAGE 1 OF 16 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 20— day of Sal , 2004, has approved certain Findings of Fact and Conclusi f Law and Decision and Order, set forth in Exhibit B, which are attached. hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "OWNER/DEVELOPER" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "OWNER/DEVELOPER" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 2 OF 16 r.s 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a parry to this Agreement, which is a municipal Corporation and government subdivision of the state of .Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Tim J. and Carol M. Mussell, husband and wife, whose address is 100 East Victory Road, Meridian, Idaho 53642, the party owning and developing said "Property" being developed and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain pareel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C -G attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 which are herein specified as follows: a) Construction and development of a commercial subdivision that includes a combination feed store and gas/convenience station in a proposed GG zone. All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 3 OF 16 5. DEVELOPMENT IN CONDITIONAL USE: "OWNER/DEVELOPER" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer" shall develop the "Property" in accordance with the following special conditions: B. Adopt the Recommendations of the Planning and Zoning Department as follows: 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 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 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 DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 4 OF 16 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. 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 %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. c. Fire hydrants shall be placed on corners. f 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. 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 DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 5 OF 16 includes mature landscaping. 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 fixture 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 1 I -12-3.C, and the National Safety Foundation publications. 13. All new buildings must be sprinklerd if required by adopted building and fire codes. 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. DEVELOPMENT AGREEMENT {AZ -03-038} PAGE 6 OF 16 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 (ACRD) 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 Preliminary/Final Plat — PFP- 03-007, and Conditional Use Permit — CUP -03071. 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. Lb. 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 casement shall be maintained by the Property Owners' Association, 3. The Applicant shall be allowed to use as a temporary access onto SH/64 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 AC.HD 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 ACRD. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "OWNER/DEVELOPER" or "OWNER/DEVELOPER'S" DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 7 OF 16 heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OWNER/DEVELOPER" consent upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "OWNER/DEVELOPER" and if the "OWNER/DEVELOPER" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "OWNER/DEVELOPER" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "OV NER/DEVELOPER", and/or "OWNER/DEVELOPER'S" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "OWNER/DEVELOPER" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 8 OF 16 other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "OWNER'S/DEVELOPER'S" cost, and submit proof of such recording to "OWNER/DEVELOPER", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "OWNER/DEVELOPER", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at Iaw or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "OWNER/DEVELOPER" shall have thirty (3 0) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "OWNER/DEVELOPER" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 9 OF 16 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "OWNER/DEVELOPER" agrees to provide, if required by the «City». 15. CERTIFICATE OF OCCUPANCY: The "OWNER/DEVELOPER" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "OWNER/DEVELOPER" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "OWNER/DEVELOPER" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, TD 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Tim J. and Carol M. Mussell 100 East Victory Road Meridian, Idaho 83642 DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 10 OF 16 17.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 1s. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "OWNER/DEVELOPER" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "OWNERIDEVELOPER", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "OWNER/DEVELOPER" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22• FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "OWNER/DEVELOPER" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "OWNER/DEVELOPER" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 1I OF 16 addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 12 OF 16 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided, OWNER/DEVELOPER: BY: TimJ. u sell BY: 0-'aA-4-�42 Carol M. Mussell CITY OF MERIDIAN f\TAY de WEERD Attest: �Pw e -z Ivy ,jlyltiiF3fPlflt 4 CITY CLERK = EAL Tel -7 06t .� Con DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 13 OF 16 STATE OF IDAHO ) :ss COUNTY OF ADA ) On thisday of Mow' -.4 cf-r— in the year 2004, before me, a Notary Public, personally appeared Tim J. Mussell and Carol M. Mussell, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. p400uonneoonooQOQQ` to 040""44AP D 000me� : (SEAL) e Co.� E Notary Public for Idaho ® pUBL� ®°Q a- GOP ®g®900EfD®@�� OF STATE OF IDAHO } :ss County of Ada ) Commission expires: S Zo 1 o Residing at: Ad k C4,,, - On this -�23rj day of �.le i ��. bar , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 'so'��soa�oereeaO44 (SES-) G 4 dotaPublic for IdahoUB1A = ssion expires:pq °•••.•ti..p''`•'�� g at:�l/(r UFyf0% ZAWork\MNeridian\Meridian 15360MNussell Comer Sub AZ -03-038 P;~P-03-007 CUP-03-0711MevelopAgr.doc EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 14 OF 16 MUSSELL CORNER SUBDIVISION A parcel of land for the purpose of annexation, as shown on Record of Survey 3523 and recorded as Instrument Number 96033828, Located in a portion of the SW '/4 of the SW 1/4 of Section 19, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho and more described as follows: Commencing at an aluminum cap monument marking the NW corner of said SW %4, thence along the West line of said. SW I/4 S00°55'37" W a distance of 1330.53 feet to a 5/8 inch rebar marking the NW corner of said SW '/4 of the SW '/4 and being the POINT OF BEGINNING. Thence leaving said West line S89°59'45" E a distance of 232.00 feet to a 518 inch rebar; Thence along the arc of a curve to the left having a radius of 655.00 feet, an are length of 438.43 feet, a central angle of 38°21'02", and a chord bearing S31°17'57" E a distance of 430.29 feet to a 5/8 inch rebar; Thence S50°28'28" E a distance of 558.77 feet to a 5/8 inch rebar; Thence S53°05'22" E a distance of 285.31 feet to a 518 inch rebar on the East line of said SW 1/4 of the SW 1/4; Thence along said East line S00°46' 12" W a distance of 435.31 feet to a 5/8 inch rebar marking the SE corner of said SW'/4 of the SW %4; Thence leaving said East line and along the South line of said SW %4 of the SW 1/4 S89°59'08" W a distance of 1130.34 feet to an aluminum cap monument marking the SW corner of said SW'/4 of the SW "/4; Thence leaving said South line and along said West Iine N00°55'37" E a distance of 1330.37 feet to the POINT OF BEGINNING. Said parcel contains 23.52 acres more or less and is subject to all. existing easements and rights -of -ways of record or implied. DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 15 OF 16 EXHIBIT B Conclusions of Law/Conditions of Approval Findings of Fact and Concl-unaroal DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 16 OF 16 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 27..38 ACRES FROM C-2 TO C -G ZONE FOR PROPOSED MUSSELL CORNER SUBDIVISION, LOCATED ON THE NORTHEAST CORNER OF KUNA- MERIDIAN ROAD (SIi 69) AND VICTORY ROAD, WITHIN SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO PINNACLE ENGINEERS, INC., APPLICANT C/C 05/11/04 CIC 05/25/04 CIC 06108104 CIC 07/06/04 Case No. AZr-03-038 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 11, 2004, and continued until May25, 2004, June S, 2004, and July 6, 2004, at the hour of 7:00 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 DECISrON AND ORDER GRANTING APPLICATION FORANNEXA.TION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-038) PAGE 1 OF 21 FINDINGS OF FACT There has been compliance with all notice and heating requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-I5-5 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 corner of Kuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is 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 ANIS ORDER GRANTING APPLICATION FOR CATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-038) PAGE 2 OF 21 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 of the subject real property as C -G, which is consistent with. the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as 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 Cioyd 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 planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed.: A. Adopt the Recommendations of the Planning and Zoning Department as follows: Prior to annexation ordinance approval, a Development Agreement shall be entered into between the City of .Meridian and the property owrxer�s}. The Development Agreement ent 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 SUBDIVISION (AZ -03-038) PAGE 3 OF 21 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 andior septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 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. 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. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. $. Adopt the Recommendations of the Meridian Fire Department as follows: Acceptance of the water supply for fire protection will be by the Meridian Mater Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 Yz" 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% FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -43-038) PAGE 4 OF 21 3. All entrance and internal roads shall have a turning radius of 29, inside and 49' 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 ofcombustible vegetation. $. 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 tunes, 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. S. 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 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 Cpticom 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 Il~C and MCC 11-12- 3... 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 ofany 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) PAGE 5 OF 21 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 f nal 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 31-3 805. 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 PreliminaryfFinal Plat— PFP-03 -007, and Conditional Use Permit — CUP -03 -07 1 . 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. Lb. 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. S. It is noted that ACRD 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 LACI AND DECISION AND ORDER GRANTING APPLICA'T'ION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-035) PAGE 6 OF 21 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 of the Comprehensive Plan, 'Comrnercia.l" 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 5 • 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 MUS SELL CORNER SUBDMSION (AZ -03-03$) PAGE 7 OF 21 future. 14. It is not anticipated that the applicant intends to rezone the subject property in the 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 i i -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/sprinider 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 OF 21 Kung Meridian Road was recently widened in this area by ITD. Victory Road is not scheduled by ACHD for any improvements in the current Five Year Mork Program or C1P. 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 i 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 ACRD 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 grater 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, 20041 a joint agency/department comments meeting was held with representatives ofkey 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 sprin1dered. 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 durnpster(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/intemal street infrastructure, utilities and irrigation services to serve the project. Theprimarypuhlic 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 pennit/PD 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 irnPacts 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 hours of operation, hours of fuel 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. A,CHD 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 CONCLUS (ON5 OF LAW ANIS DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA'T'ION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-039) PAGE 1 I OF 21 and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACRD has evaluated access to this site from Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACRD 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 float/ 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 lager than 4" caliper that are removed, shall be mitigated for, per the Landscape Ordinance. 24. It is found that essential services ale 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 (A2-03-038) 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 of the City and its residents and tax, and rate payeirs 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 assurethat the proposed use will not change the essential character of the affected svicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex zeal property -upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § I I -16 provides the City may annex real property that is within the Meridian Urban. Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and FINDINGS OF FACT AND CONCLUSIONS OF LAV AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUS SELL CORNER SUBDIVISION (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 thepertinent 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 § 11-7-2 K as follows: X -G) General Retail And Service Commercial Dish ict: The purpose ofthe C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets, to fulfill the need of travel related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. b. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Ci of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and. requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-OM38) PAGE 14 OF 21 8. Pursuantto Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately 21.38 acres to General Retail and Service Commercial (C -G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 21.38 acres, The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No, 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Adopt the Recommendations of the Planning and Zoning Department as follows: I . 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 MUS SELL CORNER SUBDIVISION (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 shal I 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 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 1.2-4-13. flans 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 Iateral 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: 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 reel 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 l o'. 3. 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). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING 1AUSSELL 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. 5. 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. Conunercial and office occupancies will require afire 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-provention 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 sprin1dered 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 SUBDIWSION (AZ -43-038) PAGE 17 OF 21 I . 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 31-3 805. I7. 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 Cleric Office. E. The Applicant shall also comply with the conditions and requirements of the corresponding applications for this project, which are Preliminary/Final Platt — PFI' -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: I. 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 fax 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 SUBDIVISION (AZ -03-038) PAGE 18 OF 21 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -G) General Retail and Service Commercial District, and Meridian City Code § 1 I- 7-2. Subsequent to thepassage of the Ordinance provided forin section 4 ofthis Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-,21-1 in accordance With the provisions Of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAE3[NGS ANALYSIS The Applicant is herebynotified 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 maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-038) PAGE 19 OF 21 By action of the City Council at its regular meeting held on the day of 2004. ROLL GALL COUNCILMAN SHAUN WARDLE VOTED_jp COUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE R]UNTREE VOTED_14�Mj COUNCILMAN KEITH BIRD VOTED _LVa, MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED:_ MOTION: APPROVED:_ DISAPPROVED: Attest: William G. Berg, Jr., City Mayor7'api Y de Weerd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-03$) PAGE 20 OF 21 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: A - V3 -u ! City Clerk's Office ZAWorkWNaridiadWcTidiaa15360M1MussMCorawSub AZ•03-038 PFP-03-007 CLW3.07AAZFfC1&0rder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING RUSSELL CORNER SUBDIVISION (AZ -03-038) PAGE 21 OF 21 November 19, 2004 AZ 04-025 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT The City of Meridian ITEM NO. 5W REQUEST Findings for Approval — Request for Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna Woods Subdivision No. 1-7 and Edinburgh Place Subdivision No. 1-2 — NEC of East McMillan Road and North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aiiached Findings 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: ff fe SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS DECISION & ORDER 1n the Matter of Annexation and Zoning of 121.96 Acres from RWda County) to R-4 (Low Density Residential) for Vienna Woods Subdivision No's 1-7 and Edinburgh PIace Subdivision No's 1-2 by the City of Meridian. Case Nos. AZ -04-025 For the City Council Hearing Dates of. November 3, and November 16, 2004 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the November 3, 2004, and November 16, 2004 public hearings. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matters to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ -04-025 - PAGE I of 4 a. In addition to the application and property facts noted, in the staff report and the Planning & Zoning Recommendation for the subject application, it is hereby verified that there are several property owners of record at the time of issuance of these findings. All of the current property owners have evidenced consent to the subject annexation by purchasing property within the boundaries of the respective subdivisions, as consent is implied for the area because the properties are connected to a water and wastewater collection system operated by the City (see Idaho Code § 50-222(4)). 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for the Annexation and Zoning application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. 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. 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code & 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, and Conditions of Approval in Exhibit B. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ -04-025 - PAGE 2 of 4 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and standard conditions of approval are as shown in Exhibit B. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. 2. 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Annexation and Zoning Conditions of Approval Exhibit C: Annexation and Zoning Analysis/Facts and Findings By tion of t e City Council at its regular meeting held on the 23 02` day of Vl Z& , 2004. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORD ER CASE NOS. AZ -04-025 - PAGE 3 of 4 COUNCIL MEMBER SHAUN WARDLE VOTED G COUNCIL MEMBER CHRISTINE DONNELL VOTED —Pr - COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED4 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) William G. Berg, Jr., Copy served upon Applicant, The and City Attorney. By:jwaffil Dated: City Clerk's Office Public Works Department CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ -04-025 - PAGE 4 of 4 EXHIBIT A Legal Description Vienna Woods Subdivision No's 1-7 & Edinburgh Place Subdivision No's 1-2 (AZ -04-025) ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, AAA COUNTY, IDA -110 A parcel for annexation purposes located in the NW "/a of the SW '/4, the NE K of the SW V, and the SE '/, of the SW '/.i of Section 29, Township 4 North, Range l East, Boise Meridian, Ada County, Idaho and being YI&VNg WOODS SUBDIIfISI0,1' NO. IS 1, 2, 3, 4, 5, 6 and 7 and &DINBURGHPLAC1; SUBDIVISION AVO. 'S 1 and 2 more particularly described as follows: BEGINNING at a brass cap monument marking the northwesterly corner of said NW V4 of the SW '/ from which a brass cap monument marking the southwesterly corner of the SW '/, of said Section 29 bears S 0°25'22" W a distance of 2652.17 feet; Thence S 89'45'16" E along the northerly boundaries of said NW %4 of the SW '/4 and the NE V. of the SW 1 a distance of 2657.79 feet to a 518 inch diameter iron marking the northeasterly corner of said NE '/a of the S W V,; Thence S 0°31'27" W along the easterly boundaries of said NE V4 of the SW '/4 and the SE '/4 of the SW '/ a distance of 2677.69 feet to a 5/8 inch diameter iron Iain marking the southeasterly comer of said SE'/. of the SW'1,; Thence N 89012'14" W along the southerly boundary of said SE '14 of the SW %, a distance of 1326.55 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of said S1: '/a of the SW'/.,; Thence N 0128'26" E along the westerly boundary of said SE % of the SW %, a distance of 1332.46 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said SE'/ of the SW E/a; Thence N 89°28'46" W along the southerly boundary of said NW '/ of the SW K a distance of 1327.71 feet to a 5/8 inch diameter iron pin marking the southwesterly comer of said NW % of the SW'/; Thence N 0°25'22°' E along the westerly boundary of said NW '/ of the SW % a distance of 1326.09 feet to the POINT OF BEGINNING. ®gEREID This parcel contains 121.96 acres. Prepared by, Glenn K. Bennett, PLS Civil. Survey Consultants, Incorporated a March 1, 2004 This description was prepared from record information and does not constitute a field survey. Civil Survey Consultants, Incorporated is not liable for any discrepancies a field survey might disclose. Iw �1,1 tifo Meridian Public Werke Dept, 1/4 SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR VIENNA WOODS AND EDINBURGH PLACE SUBDIVISIONS LOCATED IN THE SW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. fSCALE; '1"-400' POINT OF BEGINNING VIENNA WOODS SUBDIVISION NO.'S 1 THROUGH 7 N 89'28'46' W EDINBURGH PEACE SUBDIVISION NO.'S 1 AND 2 89-12'14* W 1326.55' 1 /4 C 1/4 EXHIBIT B Annexation and Zoning Conditions of Approval Vienna Woods Subdivision No's 1-7 & Edinburgh Place Subdivision No's 1-2 (File AZ -04-025) The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested for the property described in the application, subject to the following: ANNEXATION AND ZONING COMMENTS L The legal description (prepared by Glenn K. Bennett, PLS) submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The property which is the subject of this application lies within the Area of City Impact of the City of Meridian. 3. The entire property is included within the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. 4. The land is laid off into lots and blocks containing not more than five acres of land each. 5. Essential City services are or will be made available to the subject property. 6. The City has prepared and published a written annexation plan that includes: • The manner of providing tax -supported municipal services to the lands, • The changes in taxation and other costs which may result if the subject lands are annexed, • The means of providing fee -supported municipal services to the lands proposed to be annexed, • An analysis of the potential effects of annexation upon other units of local government which currently provide tax -supported or fee -supported services to the lands; and • The proposed future land use plan and. zoning designation for the lands. 7. The City shall enter into a street light agreement with both the Edinburgh Place and Vienna Woods Homeowners' Associations regarding the maintenance and operation of the "decorative" street lights within the developments, further, the Homeowner Associations should transfer their ownership and maintenance responsibility for the "standard" street lights to the City of Meridian. The City agrees to pay for the electrical service to all of the street lights, and further agrees to provide maintenance, bulbs, and ballasts to the street lights that are "standard". However, the City shall not begin payment of the electricity for the street lights until said street light agreement is recorded and an inspection has been performed to determine that all the lights are functioning properly. Further, the City shall not be responsible to replace, repair or provide any required maintenance to any street lights that are not customarily used in residential developments in Meridian (e.g. — decorative street lights). The Homeowners' Association, or its heirs, successors and assigns, shall keep the decorative street lights operational at all times, with the City allowing reasonable time for the replacement of bulbs anal/or ballasts. 8. All applicable State of Idaho and City of Meridian Codes have been followed in processing the subject annexation and zoning application. 9. The land to be annexed meets the applicable requirements of Idaho Code, 50-222, and does not fall within the exceptions or conditional exceptions contained in Idaho Code. 10. The subject annexation is consistent with the public purposes addressed in the annexation plan prepared by the City. I1. The subject annexation is reasonably necessary for the orderly development of the City of Meridian. EXHIBIT C Annexation and Zoning Analysis/Facts and Findings Vienna Woods Subdivision No's 1-7 & Edinburgh Place Subdivision No's 1-2 (File AZ -04-025) ANNEXATION & ZONING ANALYSIS Section 50-222 Idaho Code, allows e of Idaho to annex lands which are reasonablye orderly - _ _ cines o the Stat„ n.ecessary to assure thdevelopment of the city, in order to ,.,allow efficient and economically viable provisions of tax-supported,and fee -supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas and to equitably allocate the costs of public services rn ,_.,m anagement of development on,. the urban fringe. The subject annexation complies with the provisions for annexation established in Section 50-222, Idaho Code. The subject annexation is eligible for, and is being processed in compliance with the Category "B" annexation requirements established in Section 50-222, Idaho Code. According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning and Zoning Commission and City 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 Meridian City Code 11-I5-11 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 subject properties are currently designated `Medium Density Residential' (Edinburgh Place) and `Low Density Residential' (Vienna Woods) on the 2002 Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre, and low density is defined as areas including single-family homes at densities of three dwelling units or less per acre. The gross density of Vienna Woods portion of the zoning request is 2.8 dwelling units per acre. The gross density of Edinburgh Place portion of the zoning request is 3.3 dwelling units per acre. The gross density of the subdivisions combined is approximately 3 dwelling units per acre. Staff finds the following text policies from the Comprehensive Plan to be applicable to the proposed zoning amendment (staff's analysis shown in italics below each policy): • Phase in residential developments in accordance with their connection to the municipal sewer system (Chapter VII, Goal V, Objective A, Action 8) As noted earlier in this report, the subject properties have already connected to the municipal sanitary sewer and water systems. • Require that development projects have planned for the provision of all public services (Chapter VII, Goal. III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: The subject lands are currently receiving sanitary sewer and water service from the City of Meridian. This service will continue uninterrupted. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to, and throughout the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian. Utility Billing Services, and Sanitary Services Company. • Protect citizen investments in existing public facilities (water, sewer, streets, fire, police) by encouraging controlled growth through development application reviews and development agreements (Chapter VI, Goal IV, Objective A, Action 10) The City did not require development agreements with the subject subdivisions as they were within Ada County's jurisdiction at the time of platting. However, the City did review and comment on each development application containing the subject properties to protect the investments in public facilities. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are either designated for residential or public/quasi public uses on the Comprehensive Plan Future Land Use Map. • Require all developments adjacent to designated entryway corridors to provide a minimum of 35 feet of high quality, professional landscaping on the site adjacent to the roadway (Chapter V, Goal III, Objective B, Action 8) The abutting section of McMillan Road is designated as an entryway corridor in the Comprehensive Plan. Edinburgh Place Subdivisions 1 chi 2 provided a 20 foot wide landscape buffer along McMillan Road. The abutting section of Locust Grove Road is not designated as an entryway corridor in the Comprehensive Plan. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) There are existing streets that connect Vienna Woods to Edinburgh Place, Edinburgh Place to Austin Creek, and Austin Creek to Vienna Woods. Further, two stub streets from Vienna Woods have been provided to large, undeveloped parcels to the north and two stub streets from Edinburgh Place have been provided to the west (to Sheridan Place and one unplatted parcel). Staff finds that the proposed R-4 zoning designation is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the subject properties will be rezoned 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 a commercial area by means of conditional use permits; Staff finds that the existing single-family developments are allowed within the proposed R-4 zone. Further, the existing residential densities are consistent with the densities established in the Comprehensive Plan. Except for the landscape buffers along McMillan Road and Locust Grove Road, all of the existing lot sizes, frontages, and other dimensional standards platted with the Vienna Woods Subdivision No's 1-7 and Edinburgh Place Subdivision No. 1-2 appear to comply with current Meridian City Ordinances and the requested R-4 zoning designation. 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; The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to higher density residential development. Settlement Bridge Subdivision, across McMillan Road from the subject site, is a 266 -lot residential subdivision on 70 acres. Sheridan Place Subdivision, south of Vienna Woods and west of Edinburgh Place, is a 46 -lot residential subdivision on 15 acres. There have been no recent street improvements in the area. Further, neither Locust Grove Road nor McMillan Road is currently scheduled within ACHD's Five Year Work Program for roadway widening. Chinden Boulevard is not in ITD's current STIP for roadway improvements (is in corridor preservation). Staff finds that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 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; There are no new proposed uses with this application. Staff believes that the existing uses (single-family homes) have been designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity. Staff further believes that the existing single-family residential uses, and annexing and zoning the subject properties, will not change the essential character of the area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; There are no proposed uses associated with the subject annexation and zoning application. Staff finds that the existing uses will not be hazardous or disturbing to existing or future 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 believes that improving the arterial roadways in this area, Locust Grove Road and McMillan Road, would be beneficial to the residents. However, neither Locust Grove Road nor McMillan Road is currently in ACHD's CIP for roadway widening. Municipal sewer and water service are currently provided to the subject properties. A new fire substation on Locust Grove Road was recently opened to serve this area. The Commission and Council should rely upon. any comments submitted by the Meridian Police and Fire Departments, and/or any other agency or department providing service to this area. Staff finds that all public services and facilities noted above appear to be adequate to service the subject properties. 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; Except for the decorative street lights in Edinburgh Place, the City will be taking over the maintenance of the street lights within the subject properties. A street light agreement will be required for all decorative street lights. The homeowners' will be responsible for the maintenance of the decorative street lights but the City will pay for the electrical service to all street lights within the subdivisions. Sewer, water, local street infrastructure, utilities and irrigation services are already provided to service the subject properties. The primary public costs to serve the residents will be fire, police, school facilities and services. Staff finds that this development will not cause excessive additional requirements at public cost. Staff also find that the annexation and zoning of the subject properties will not be detrimental to the community's economic welfare. 1. 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; There are no proposed uses; the residential uses have previously been approved. Staff does not anticipate the proposed annexation and existing uses will create excessive noise, smoke, fames, glare, or odors. Staff finds that the proposed residential zoning and residential uses will not be detrimental to people, property or the general welfare of the area. 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; The vehicular approaches to the property have previously been approved by ACRD when they reviewed the subdivision applications. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that the annexation of this property would be in the best interest of the City for the following reasons: • land to the west and south was previously annexed into the City and this is a logical expansion of existing zoning and land uses; • municipal services are currently servicing the area; • the annexation is necessary to assure the orderly development of the city in order to allow efficient and economically viable provisions of tax -supported and fee -supported municipal services, • the annexation enables the orderly development of private lands which benefit from the cost-effective availability of municipal services in the urbanizing area, • the annexation equitably allocates the costs ofpublic services in management of development on the urban fringe; • the application and residential uses within the subject properties substantially comply with the Comprehensive Plan and City Ordinances, and; • increased property tax revenue for the City. ANNEXATION AND ZONING FACTS AND FINDINGS 1. The legal description (prepared by Glenn K. Bennett, PLS) submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The property which is the subject of this application lies within the Area of City Impact of the City of Meridian. 3. The entire property is included within the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. 4. The land is laid off into lots and blocks containing not more than five acres of land each. 5. Essential City services are or will be made available to the subject property. 6. The City has prepared and published a written annexation plan that includes: • The manner of providing tax -supported municipal services to the lands, • The changes in taxation and other costs which may result if the subject lands are annexed, • The means of providing fee -supported municipal services to the lands proposed to be annexed, • An analysis of the potential effects of annexation upon other units of local government which currently provide tax -supported or fee -supported services to the lands; and • The proposed future land use plan and zoning designation for the lands. 7. The City shall enter into a street light agreement with both the Edinburgh Place and Vienna Woods Homeowners' Associations regarding the maintenance and operation of the "decorative" street lights within the developments, further, the Homeowner Associations should transfer their ownership and maintenance responsibility for the "standard" street lights to the City of Meridian. The City agrees to pay for the electrical service to all of the street lights, and further agrees to provide maintenance, bulbs, and ballasts to the street lights that are "standard". However, the City shall not begin payment of the electricity for the street lights until said street light agreement is recorded and an inspection has been performed to determine that all the lights are functioning properly. Further, the City shall not be responsible to replace, repair or provide any required maintenance to any street lights that are not customarily used in residential developments in Meridian (e.g. — decorative street lights). The Homeowners' Association, or its heirs, successors and assigns, shall keep the decorative street Iights operational at all times, with the City allowing reasonable time for the replacement of bulbs and/or ballasts. S. All applicable State of Idaho and City of Meridian Codes have been followed in processing the subject annexation and zoning application. 9. The land to be annexed meets the applicable requirements of Idaho Code, 50-222, and does not fall within the exceptions or conditional exceptions contained in Idaho Code. 10. The subject annexation is consistent with the public purposes addressed in the annexation plan prepared by the City. 11. The subject annexation is reasonably necessary for the orderly development of the City of Meridian. November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5-L REQUEST Resolution -- Amendment to the SOP Manual for Administrative Leave AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See arched Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: a P-1, - ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY �! D CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian CITY OF MERIDIAN RESOLUTION NO. 04 "/- 51 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUALTO ADD A NEW POLICY NUMBER 4.9 (ADNIINISTRATIVE LEAVE WITH PAY); AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices and procedures for the City of Meridian; WHEREAS, the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS, the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policy and Procedures Manual is hereby amended to include a new policy Number 4.9 (Administrative Leave with Pay), a copy of said policy is attached and incorporated by reference as Exhibit "N'. SECTION 2. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2.5'-Z day of 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �3` day of 2004. RESOLUTION TO AMEND ADD NUMBER 4.9 — ADMI Page 1 of 1 EXHIBIT "A" CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.9 SUBJECT: ADMINISTRATIVE LEAVE WITH PAY PURPOSE: To provide the ability for Department Directors to grant discretionary paid leave to employees for extenuating circumstances where the employees accumulated leave is unavailable or the Director wants to provide an employee a positive reinforcement for work performed. This leave can also be used as a non -disciplinary method to remove an employee from the workplace, without penalty, to facilitate in the general operation of the City or to allow for an investigation of a pending complaint. POLICY: The City recognizes that all situations deserve individual scrutiny. Therefore this policy is intended as a guideline to the Department Directors to grant Administrative Leave with Pay to employees when the employee's own accumulated leave is inadequate or unavailable. The City further acknowledges that the Department Directors should have the discretion, authority, and ultimate responsibility for the operations of their respective departments. Exercising of this discretion should be done fairly, equitably, and with due concern to the responsibility that the City has to the taxpayers and the public. In the exercise of their discretion, the Directors should have ability to recognize good performance and acknowledge the same by the ability to grant leave as a positive reinforcement tool. However, the overall efficiency of the operation of the department must be maintained. The City also recognizes that occasional circumstances, such as an investigation may warrant the need to remove an employee from the work group for the benefit of the City or the employee. In these instances the employee may be better served by not being in the workplace and a penalty or punitive measure may not be appropriate at that time. This decision will at the discretion of the Department Director with the advice and assistance of the City Attorney and Human Resources. AUTHORITY & RESPONSIBILITY: The Mayor and the Department Directors and shall have the discretion to grant leave to individual employees in increments and consistent with methods listed below. The Directors authority shall be consistent with the policy as stated above. Page 1 of 2 EXHIBIT "A" PROCEDURES AND RELATED INFORMATION Administrative Leave with Pay for one day or less of the employee's normal work day — Discretion of the Department Director. Administrative Leave with Pay for more than the employee's normal work day, but not to exceed one (1) regular work week of the employee — Discretion of the Department Director with the approval of the City Attorney/HR Director or designee. Administrative Leave with Pay for more than one (1) regular work week of the employee — Discretion of the Department Director with the approval of the City Attorney/HR Director and the Mayor. In some instances it may be necessary to seek approval of the City Council for this leave. The decision to seek approval from the City Council shall be at the discretion of the City Attorney and the Mayor. Page 2 of 2 November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5 - REQUEST Change Order No. 2 for the Headworks Expansion Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: /'�� fr ADA COUNTY HIGHWAY DISTRICT: (/� SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. C -k- `k ofd`: %' To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 11/15/2004 Re: Proposed Agenda Item for November 23, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 23 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 2 for the Headworks Expansion Proiect. Additional work is required for the completion of the Headworks Expansion Project. This change order consists of resolving Proposed Change Orders (PCO) L, M, N, O, P, Q, R, and S. Additional documentation for this change order is available for the council to review by request from the Public Works department. Contractors Northwest, Inc. submitted a cost for this change order as summarized below: Contractors Northwest, Inc. $15,847.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Headworks Expansion Project with Contractors Northwest, Inc, for $15,847.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 r it 7 ,f1&oun a r eai a!--, . . CHANGE ORDER N0.2 CONTRAC'roRS �JW ING. PROJECT: City of Meridian WWTP, Headworks Expansion Project _ /t rr DATE OF ISSUANCE aCFAV►�e� November 5, 2004 City of Meridian EFFECTIVE DATE: November 5, 2004 CONTRACTOR: CONTRACTORS NORTHWEST INC., ENGINEER: Carollo Engineers Page I of 2 You are directed to make the following changes in the Contract Documents. Description: Extend project contract time 15 work days (21 calendar days). Reason for Change: Due to extra work involved with Work Change Directive No. 1, as included in Change Order 1, a 15 work day (21 calendar day) time extension is requested. This work resulted from coordination with the Black Cat Interceptor project. 2. Description: PCO L - Apply exterior'concrete coating on below grade structure surface. Reason for Change: Eliminate potential for ground water migration through concrete, which may cause the concrete coating to fail. 2. Description: PCO M - Add a flexible coupling to the 24 -inch raw sewage pipe. Reason for Change: Previous drawings showed a flexible coupling in this location, which is needed to allow the new pipe connection to be made. Upon excavation, it was discovered that the flexible coupling identified in previous construction drawings was not installed. 3. Description: PCO N - Add a raised platform to provide a clear service platform at screw pump motors. Reason for Change: Conflict with electrical and instrumentation conduits ran along the concrete surface at this location. 4. Description: PCO 0 - Add high level alarms at screw pump influent wetwell. Reason for Change: Provide an additional backup ,high level alarm system. 5. Description: PCO P - Install additional conduit for level sensors downstream of step screens. Reason for Change: Additional cost for conduit for level sensors included in specifications but not indicated on the drawings. 6. Description: PCO Q - Installation of level sensors downstream of step screens and stainless steel level sensor control enclosures. Reason for Change: Installing level. sensors included in specifications but not indicated on the drawings and coordination between level sensor cabinets and step screen control cabinets. 7. Description: PCO R - Provide seal material for new slide gates. Reason for Change: Due to the existing concrete structure being out of plumb, extra sealer material was required to provide a seal -tight installation of the new slide gates. 8. Description: PCO S - Reprogram step screen to operate based on upstream level and relocate upstream level sensor to avoid. submergence. Reason for Change: Interaction between step screens and screw pumps do not allow the step screens to operate effectively based on upstream and downstream differential, as detailed in the contract documents. Attachments: Letter from CNI dated 9/21/04 with request for time extension. PCO L - from CNI and Stonhard dated 7121/04, for $3,322. PCO M - from CNI dated 8/20104, for $1,932. PCO N -from CNI and Hobson dated 9/24/04, for $3,733. PCO 0 - from CNI and Custom Electric dated 10/5/04, for $594. PCO P - from CNI and Custom Electric dated 10/5/04, for $1,926. PCO Q - from CNI and Custom Electric dated 10/5/04, for $2,353. PCO R - from CNI dated 10/5/04, for $779. PCO S - from CNI and Custom Electric dated 10/18/04, for $1,208. CHANGE ORDER NO. 2 PROJECT: City of Meridian WWTP, Headworks Expansion Project DATE OF ISSUANCE: October 7, 2004 EFFECTIVE DATE: October 7, 2004 ']. S City of Meridian. CONTRACTOR: CONTRACTORS NORTHWEST INC., ENGINEER: Carollo Engineers Page 2 of 2 CHANGE IN CONTRACT PRICE: CHANGE 1N CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 330 Days — November 28, 2004 $ 892,046.00 Ready for final payment: 360 Das - December 28 2004 days or dates _ Net Changes from previous Change Orders No. 0 to No. —1— Net Changes from previous Change Orders No. 0 to No. I $ 65 323.00 0 Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 330 Days — November 28, 2004 $ 957,369.00 Ready for final payment: 360 Days — December 28,, 2004 days or dates _ Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 1.5,847.00 21 calendar days days Contract Price with al l approved Change Orders Contract Times with all approved Change Orders Substantial Completion: 351 Days —December 26, 2004 973 216.00 Ready for final payment: 381 Days — January 18, 2005 days or dates RECOMMENDED BY ENGINEER: ByAk-'J�' William ko, P.E. Date: c.-. l APPROVED BY OWNER: Brad Watson, P.E., Public Works AC By: Tammy. DeWeerd, Mayor Attest: William G. Berg, Jr., City Clerk Date: Date: ___ _ Date: C November l9, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5-N REQUEST Joint City of Meridian { Ada County Highway District Agreement for Roadway Construction f Sewer & Water Line improvements AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ca -) PARKS DEPT: MERIDIAN SCHOOL DISTRICT: qr ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. RECEIVED NOV 18 2004 CityOf Meridian City Clerk Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Bract Watson, Public Works Director Date: 11/18/2004 Re: Proposed Agenda Item for November 23, 2004 City Council Meeting The Public Works Department respectfully requests the following items be placed on the November 23 City Council agenda, under Consent Agenda, for Council's consideration: Joint City of Meridian/Ada County Highway District Agreement for Roadway Construction/Sewer & Water Line Improvements. The City of Meridian has agreed to accommodate ACHD's request of incorporating the reconstruction of Black Cat Road and the replacement of the Purdam Drain culvert and other allied facilities as part of the Black Cat Trunk Sewer Phase 1 Project. ACHD will reimburse the City of Meridian for the costs and expenses the City incurs as a result of the additional work attributed to the roadway reconstruction and the installation of the pipe within the project boundaries up to a limit of $290,829: Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement for Roadway Construction/Sewer & Water Line Improvements with ACHD and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page I AGREEMENT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS Associated With City of Meridian Black Cat Trunk Sewer Phase 1 (ACHD Project No. 504036) THIS AGREEMENT made and entered into this day of , 2004, by and between the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN, as first party, and the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, MERIDIAN and the DISTRICT desire to undertake a joint effort to share the tasks and costs of reconstructing Black Cat Road from Franklin Road to Cherry Lane including water and sanitary sewer installations as detailed in DISTRICT Project Numbered 504036 hereinafter referred to as the CONTRACT. WHEREAS, MERIDIAN is willing to accommodate the DISTRICT'S request of incorporating the reconstruction of Black Cat Road and replacement of the Purdam Drain culvert and other allied facilities as part of the Project plans so long as MERIDIAN receives assurances that MERIDIAN will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to roadway reconstruction and the installation of the pipe within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the before mentioned work. It is assumed that the DISTRICT has received all necessary agency permits and/or approvals for construction of the work. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. MERIDIAN SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the Black Cat Trunk Sewer Phase 1, and the roadway reconstruction and Purdam Drain replacement referenced herein; b. Provide DISTRICT with a complete set of combined bid documents for the Black Cat Trunk Sewer Phase 1; C. Furnish DISTRICT with an abstract of all bids received, and allow the DISTRICT seven (7) days to provide concurrence with MERIDIAN'S recommendation for award of the CONTRACT prior to making such award or the CONTRACT will be awarded to the bidder MERIDIAN recommends; Page 1 of 3 d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; and e. Submit to DISTRICT a copy of each Contractor progress payment estimate, as such estimates are approved by MERIDIAN, together with an invoice for DISTRICT'S share of the construction CONTRACT costs earned by and to be paid to Contractor. 2. DISTRICT SHALL: a. Be the party responsible to provide the inspection required for the roadway reconstruction installed under the CONTRACT and provide copies of appropriate tests and diaries to Meridian Project Representative, if necessary; b. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and C. Provide MERIDIAN with the construction plans, special provisions, and unit bid quantities for the roadway reconstruction to be included in the bid documents for the CONTRACT; d. Remit to MERIDIAN, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which DISTRICT is responsible pursuant to the approved final CONTRACT payment estimate; e. Remit to MERIDIAN within thirty-five (35) calendar days after the date of invoice therefore, all funds for which DISTRICT is responsible pursuant to this Agreement; Reimburse MERIDIAN, up to a maximum of $6,000.00 for its prorata share of all costs incurred by MERIDIAN, including overhead and benefits, project administration; surveys, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the DISTRICT'S project costs as they relate to the total project construction costs; 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the roadway reconstruction and Purdam Drain replacement portion of the project to be reimbursed to MERIDIAN by DISTRICT shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. DISTRICT'S approval will be required for any change order work related to reconstruction of the roadway and the replacement of the Purdam Drain within fifteen (15) days of submittal of change order work to DISTRICT from MERIDIAN; Page 2of3 C. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; d. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; e. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; f. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; g. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; h. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto; and i. Both parties hereby agree that all costs associated with any claim arising from the CONTRACT, all legal and administrative costs will be shared equally. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Susan Slaughter William J. Schweitzer Senior Administrative Assistant Director ATTEST: CITY OF MERIDIAN Approved by Council: By: By: William G. Berg, Jr. Tammy de Weerd City Clerk Mayor Page 3 of 3 0 U ra ¢ o no m m CQ q o ¢ ri Li u; u; ri i = = no ca m m m Cq v V' V: `V 't Y 'tT `: a a a v d' t 7 v a v v Y -,tv V V V N Lo N n a 0 r-- N r, r rl r` r, t, h CO co co to co co NN N N t0.7 M t07 (07 m CoCo M M O O O p O O O d O O O O _..__........................................................... 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Q a s a a O. a d a a a U) co to to (n co fb (a (n (n In (n to to N co (n 0 to w 0 November 1 9, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5-0 REQUEST Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer AGENCY COMMENTS CITY CLERIC: CITY ENGINEER: See uWched CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emalled: Staff Initials: Materials presented of public meetings shalt become property of the City of Meridian. RECEIVED OV 18 2004 City Of Meridian City Clerk Office I��1Ca'i�•7 To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 11/18/2004 Re: Proposed Agenda Item for November 23, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the November 23 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Tem ora Easement Contract for the North Slough Sanity Sewer Project. A permanent and temporary easement has been signed by Dwaine and Sharon Wolf for the construction of the sanitary sewer on their property north of McMillan Road and west of Meridian Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on the property north of McMillan Road and west of Meridian Road for the landowners Dwaine and Sharon Wolf and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 103083 —North Slough Sewer Trunk Line Parcel # and Owner: 6C SO425417200 Dwaine and Sharon Wolf Date of Offer: November 17, 2004 THIS RIGHT-OF-WAY CONTRACT, was made this 16 day of November, 2004, between. the City of Meridian, acting by it Mayor and Council, herein Called "CITY" and Dwaine and Sharon Wolf, herein. called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A -I", "A-2", and `B-1": NOW THEREFORE, the parties hereto agree as follows: I.A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIBED AREA GROSS VALUE VALUATION EASEMENT VALUE ($) (Fe) ($/Ftz) FACTOR Permanent Easement 58370.4 0.9986 50% $ 29.145 Temporary Easement 55756.8 0.9986 12% S 5.682 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $ 35,827 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for both the permanent and temporary easement as determined by a certified real estate appraiser: ❑ Cash Payment* in the amount of Donation value of the easement k a *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract. 3. The Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 4. The term of the temporary easement shall expire when the construction contract terminates. 5. The parties whose name appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and. forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year fust above written. CITY OF MERIDIAN By: _ Date: Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approve by Council: 103083/Property Owner/04-651 GRANTORS Date: LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 50425417200 OWNED By Dwaine and Sharon Wolf This permanent sewer line easement is situated within the NE '/ of Section 25, Township 4 N, Range 1 W, Boise Meridian, Ada County, State of Idaho. Being an easement 45 feet in width, 15 feet Left and 30 feet Right of the following described line with sidelines of said easement shortened or lengthened to fit the grantor's property lines: Commencing at the E % corner of Section 25; thence along the northerly line of the SE'/ of said Section 25, N89026'59"W, a distance of 2674.95 more or less feet to the C'/ corner of said Section 25; thence along said northerly line S89°26'59"E, a distance of 1489.47 feet to the POINT OF BEGINNING Thence S441109143"E, a distance of 254.55 feet to a point; Thence N45048'59"E, a distance of 138.93 feet to a point; Thence N69°41'39"E, a distance of 110.01 feet to a point; Thence S89°35'22"E a distance of 805 feet to a point on the easterly line of said Section 25, also being END POINT of this easement description_ The easement described contains 1.34 acres more or less Basis of Bearing N89126'59"W {formerly N89°27'26"W} from the East 1/ corner to the Center'/ corner. See: Exhibit "A-2" Exhibit A-1 Date 11/05/04 C 1/4 OR SEC. 25� BASIS OF BEARING SW2&'59'E 138.93' - SW3522 ` 110.01' a10 ECTION 25 T.4N., R.1W., B.M. SE 1/4 E 1/4 COR ----------------------- SEC. 25 605A0 REV, NO. DESC. BY; CK'D1 CITY OF MERIDIAN PUBLIC WORKS I DRAWN BY; _Rc DATE; —NOV, 4 CK'D BY1 __DK SCALE; N.T.S. APPROVED; CITY ENGINEER 2004 PROJECT; NORTH SLOUGH SANITARY SEWER TRUNK LEGAL; A PORTION OF SEC. --g'-5-, DWG, No; RW, T.± -N., R. i W., B.M., ADA COUNTY --- DATE IDAHO. SHEET 1 OF 1 EXHIBIT A-2 C 1/4 COR BASIS OF BEARING -SEG--- --- ----- 5W2V59'E SEC SECTION 'i .O.B. ---- I N45'48'59"E -- 136.43 - 3522 N69.41139"E 110.01' 25 T.4N., RAW., B.M. SE I/4 E 1/4 COR. -••---------------------- SEC. 25 __ _ 8W.fl0 54 REV. NO, DESC, I BY; CK'D1 CITY OF MERIDIAN PUBLIC WORKS DRAWN BY; CK'D BYE _ APPROVED: K-1 DATE, _NOV. 4-, 2004 PROJECT1 DK SCALE! N.T.S. N CITY ENGINEER ORTH SLOUGH SANITARY SEWER TRUNK LEGAD A PORTION OF SEC. 25, DWG, NO: RW, T.4N., R. -LW., B.M., ADA COUNTY, -- - - --- DATE IDAHO. SHEET 1 OF EXHIBIT B-1 November 19, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Franklin Road Waterline Easement November 23, 2004 ITEM NO. 5-P AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: rd ,„LJ ADA COUNTY HIGHWAY DISTRICT: VV"" SANITARY SERVICE COMPANY �fr CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian. City. Of Meridian, Public .Warks Dept. To: Brad Watson From: Lenard Grady CC: Date: 11/18/2004 Re: Proposed Agenda a Items for November 23, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the November 23 City Council consent agenda: IV Franklin Road Waterline Easement Attached is an easement for waterline on Franklin and Ten Mile. Recommended Council Action: The Public Works Department recommends that City Council approves the Easement for waterline on Franklin and Ten Mile with Burke P. Jones et al and authorize the Mayor to sign it. Well 26 Test Well Security Enclosure Change Order #1 — Hydro Logic. Attached is a change order with Hydro Logic for additional security enclosures at well 26 test well. Recommended Council Action: The Public Works Department recommends that City Council approve the Change Order #1 for Additional Security Enclosures at Well #26 Test Well with Hydro Logic for $5,200.00 and authorize the Mayor to sign it. Well 27 Design Contract with Civil Surve Attached is a contract with Civil Survey for design of Well #27 Pumping Facilities. The contract amount is not to exceed $26,470. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Design of Well 27 Pumping Facilities with Civil Survey for $26,470 and authorize the Mayor to sign it. From the desk of.. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 899-5500 ® Page 1 rax: (208) 898-9551 gi,adyl@mcridiancity.org Wei[ 25 SCADA Installation Attached is a contract with Custom Electric for installation of the SCADA system at Well #25. The contract amount is not to exceed $9,220. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Well 25 SCADA installation with Custom Electric for $9,220 and authorize the Mayor to sign it. 0 Page 2 WATERLINE EASEMENT THIS INDENTURE, made this day of (aX , 2004, between Burke P. Jones, John B. Ferguson, Idaho Holdings, L.L.C., an Idaho Limited Liability Company, and Michael E. Huter; the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE. WITNESSETH: WHEREAS, the Grantee desires to extend a public waterline across the premises and property hereinafter particularly bounded and described; and WHEREAS, the waterline is to be provided for through an underground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said waterline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent waterline easement and temporary construction easement for the construction, operation and maintenance of a waterline over and across the following described property: SEE ATTACHED EXHIBITS "A", "B", and "C" THE PERMANENT EASEMENT hereby granted is for the purpose of construction and operation of a waterline and allied facilities, together with maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. This grant is made on the following terms: TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement (including ornamental shrubs, ground cover and other decorative landscaping). However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures or large trees placed within the area described in this easement. The Grantee also agrees to the following: WATERLINE EASEMENT Page 1 of 8 1. The Grantee will pay the Grantor $1,000 for the permanent easement. Said sum will be paid upon the completion of the construction on the property. 2. The existing trees within the limits of the temporary construction easements that are to be cut down for the construction of the waterline, and the resulting stumps, will be completely removed from the property and disposed of by the Grantee. in addition, the Grantee agrees to mow the weeds on the south side of Ten Mile Creek prior to the completion of work on the site. 3. The construction of the waterline will not impact the existing agricultural operation on the site and will not disrupt the delivery of irrigation water nor the drainage of waster water from the fields. 4. The Grantor may construct a berm and install landscaping, provided that no trees are planted within 5' of the permanent easement. 5. Construction of the waterline will occur between October 1, 2004 through March 31, 2005. Weather limitations may necessitate a time extension for completion of final surface restoration and grading as mutually agreed by the Grantor and Grantee. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures or trees within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and Lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE TEMPORARY CONSTRUCTION EASEMENT is for the purpose of construction of a waterline and related incidental work. The temporary construction easement shall expire when the construction contract terminates. This grant is made on the following terms: AUTHORIZED USES BY GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the construction of a water main on adjoining and abutting property owned by GRANTEE (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such water construction and improvement, and for ingress and egress to and from the Dominant Estate. USE BY OTHERS UNDER GRANTEE. The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's Commissioners, employees, contractors and agents. TERM. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminate on the completion of the water main extension project construction on the Dominant Estate. On the expiration of the term of this Easement, the WATERLINE EASEMENT Page 2 of 8 rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. INDEMNIFICATION. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, that shalt result from the use of the Servient Estate by GRANTEE, its Commissioners, employees, contractors and agents, hereunder. RESTORATION ON EXPIRATION OF TERM. On the expiration of the term of this Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. BINDING EFFECT. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. APPURTENANT. The Easement herein granted is appurtenant to the Dominant Estate. WATERLINE EASEMENT Page 3 of 8 09/22/2004 16:12 FAX 2083238: IN WITNESS WHEREOF, the parties hereinabove written, STATE OF IDAHO } } ss County of Ada ) [1004/011 On this� day of -, 2404, before me G{ r Nim , personally appeared jr�'Ur'kP-P.JQYd6 proved to me on the bases of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. 44'�NOTARY PUBLIC FOR IDAHO My Commission Expires on WATERLINE EASEMENT Page 4 of 8 OS/22/2004 18:12 FAX 208323,. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written_ STATE OF IDAHO ) 55 County of Ada ) On thfsX+)\, day of fkl�e-- , 2004, before me personalty appeared �r —2:)� C,,p Proved to me on the bases of satisfactory evidence to be the persons whose names isr subscribed to the within instrument, and acknowledged that they executed the same. ������� 9s1tl33aiTlf���s NOTARY PUBLIC FOR IDA O � ! d ()T My Commission Expires on { M a°'Q �`'�, 44344®,p4 �v �ti�or- WATERLINE EASEMENT Page 5 of 8 IN WITNESS WHEREOF, the parties have hereunto subscribed theirsignatures the day and year first hereinabove written. / Idah6 Holdings LLC By: Mark Bottles, Members STATE OF IDAHO ) } ss County of Ada } On this day of , 2004, before me personally appearedQ1- f proved to me on the bases of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. NOTAP PUBLIC FOR IDAHO �',,� ILS My Commission Expires on �k� p, i " WATERLINE EASEMENT Page 6 of 8 09/22/2004 18:12 FAX 2083231G ( 1a007/011 IN WITNE55 WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written, �L�L� L:,-- Michael E. Huter STATE OF IDAHO ) ) 55 County of Ada ) On this A -71—h day of H , 2004, before me �G . At perSonaiiy appearedgp ' proved to me on the bases Of satisfactory evidence to he the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. �auuwttfiltgrrlrr, NOTARY PUI3LlC FQR �HO TA' My Commission Expires on &B Fr WATERLINE EASEMENT Page 7 of 8 GRANTEE: CITY OF MERIDIAN Tammy deWeerd, Mayor Attest by William G. Berg Jr., City Clerk City Council Approval Date: WATERLINE EASEMENT Page 8 of 8 10 11 15 14 N. 60 30 SCALE: 1"=6)' 120 1 oma' Lo r - X04 \ Q 10 \ PARCEL #S1 211336062 04 04" l �Al 2954 W. FRANKLIN RD. >E� 10' RMA1 E0 WATERLINE •.� EASEM T ( 8\\S.F.) N89'08'0 "W \ \ 65.16' \\ XF _ S APPROX. 100' NMID EASEMENT PROPOSED WATERLINE \ s"c 10' PERMANENT WATERLINE \ EASEMENT (1910 S.F.) \\ na.w wcrnuaeurov rResFsnQiw. c� .fU-1 FRow[wW,� Mp mN6Tlo 9@u I AOR AMY OINERHIoI[eiyRlryp/TTIE6 Vngr 4ATIQNQE N1J1 CNCwF[R; [� NO RENSi0.4 QE5CRIPTiQN �2 .20' t 9 El - W$ �'8 3 I I1 _ - N 48' ' ' W 78'24'32'W -- — _ — 589'09'3] "E 77, FRANKLIN ROAD FRANKLIN ROAD WATERLINE EXTENSION SHEET HEFAQP¢RTr Qi RRR'.+[„ITi R?�T. MERIDIAN ADA COUNTY IDAHO I FERGUSON & JONES PROPERTY OF i CHECNEQ 9Y; cEkRar: Hwrt �y.,[s,s •SV [r• F•Rbmws PERMANENT WATERLINE EASEMENT - EXHIBIT A 1 EY R MTE %M im Engineers Surveyors Planners EXHIBIT B Project: 11873 Grantor: John Ferguson Et Burk Jones Parcel No: S1211336062 Date: August 26, 2004 PARCEL DESCRIPTION PERMANENT EASEMENT That portion of the Southwest'/, of the Southwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southwest corner of Section 11; thence along the Southerly boundary of said section, South 89°09'31" East, 180.39 feet; thence North 00°50'29" East, 32.84 feet to the Northerly right-of-way of Franklin Road, the POINT OF BEGINNING; thence North 57°50'45" East, 41.57 feet; thence North 86'03'09" East, 121.20 feet; thence South 48 56'51" East, 51.61 feet to the Northerly right-of-way of Franklin Road; thence along said right-of-way, North 78'24'32" West, 20.33 feet; thence North 48"56'51" West, 29.77 feet; thence South 86°03'09" West, 114.55 feet; thence South 57° 50'45" West, 18.13 feet to the Northerly right-of-way of Franklin Road; thence along said right-of-way, South 83°23'35" West, 23.19 feet to the POINT OF BEGINNING. TOGETHER WITH: Commencing at the Southwest corner of Section 11; thence along the Westerly boundary of said section, North 00'51'56" East, 291.93 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 00'51'56" East, 10.00 feet; thence South 89'08'04" East, 55.16 feet; thence North 00'51'56" East, 77.37 feet; thence North 44'08'04" West, 78.00 feet to the Westerly boundary of Section 11; thence along said boundary, North 00'51'56" East; 14.14 feet; thence South 44°08'04" East, 92.14 feet; thence South 00'51'56" West, 91.51 feet; thence North 89'08'04" West, 65.16 feet to the POINT OF BEGINNING. Containing 0.096 acres (4,182 square feet), more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. v 8575 OF �Q D �QQ RMHITLK:Ihc F:\ProjectManagerslPHK\11873-Black Cat\11873-Sur\Descriptions\FergusonEtJones-ESMT.doc N. b., 1 TEMPORARY CONSTRUCTION EASEMENT (7175 S.F.) • Le•c �`�\� 1► s SCALE: 1 "-60' �\ PARCEL #S1211336062 ♦�� 2954 W. FRANKLIN RD. \ `\ ,♦ APPROX. 100' NMID EASEMENT Ld ++ \ I ` \ BORE PIT \ Ld ♦♦♦ �� `\\ Z ♦ PROPOSED WATERLINE ♦ �'A TEMPORARY CONSTRUCTION % EASEMENT (44,846 S.F.) \ BORE PITSLif �1111 i — — ,mom, I t . EID FRANKLIN ROAD TEMPORARY CONSTRUCTION \k EASEMENT (2684 S.F.) 1� 11Fj- RIDEEor D -AD DFSINGs CAB FRE: E%NIBIT .TEMP --1 THIS DOCUMENT, AND THE EOFA: AND DESIGN$ ENCORFOHATSB HEREINSHEET FRANKLIN ROAD WATERLINE EXTENSION JSA EHGNEERS,I[ ROFE$ TOSSEHYiCE,LSTHEPROPEii PAOTSC1, rALF:1 i an Jif-0ENGRiEERl, Inc ANOIl NOT TO BE UlF1l, EN WHOLE OR PMT, ,OF PLOTSCAEE:1••6P FORANYOTHERPROJEC7VATHOI EEJ MSSWRITTEN ��'�'� MERIDIAN ADA COUNTY IDAHO 1 AVTHORMATION OF J-0-0 ENGINEERS, Inc ORAWi110 NO.: FERGUSON & JONES PROPERTY OF DRAWN BY: HWq -�`� °ES1W BY: NWA 9;.—.9,,,.,, -PII TEMPORARY CONSTRUCTION EASEMENT- EXHIBIT NO REVISION DESCRIPTION PR IWE CHECKED BY: AHK C November l9, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5-Q REQUEST Well 26 Test Well Security Enclosure Change Order # 1 -- Hydro Logic AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aftached 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: ,,Q/ ADA COUNTY HIGHWAY DISTRICT: gv SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. To: Brad Watson From: Lenard Grady��, CC: Date: 11/18/2004 Re: Proposed Agenda a Items for November 23, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the November 23 City Council consent agenda: Franklin Road Waterline Easement Attached is an easement for waterline on Franklin and Ten Mile. Recommended Council Action: The Public Works Department recommends that City Council approves the Easement for waterline on Franklin and Ten Mile with Burke P. Jones et al and authorize the Mayor to sign it. Well 26 Test Well Security Enclosure Change Order #1 -- Hydro Logic. Attached is a change order with Hydro Logic for additional security enclosures at well 26 test well. Recommended Council Action: The Public Works Department recommends that City Council approve the Change Order #1 for Additional Security Enclosures at Well #26 Test Well with Hydro Logic for $5,200.00 and authorize the Mayor to sign it. Well 27 Design Contract with Civil Surve Attached is a contract with Civil Survey for design of Well #27 Pumping Facilities. The contract amount is not to exceed $26,470. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Design of Well 27 Pumping Facilities with Civil Survey for $26,470 and authorize the Mayor to sign it. From the deskoL.. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. WatertoNver, Suite 200 Meridian, Idaho 83642 (208) 898-5500 ® Page 3 Fax: (208) 898-9551 gradyl@rmridiancity.org Well 25 SCADA Installation Attached is a contract with Custom Electric for installation of the SCADA system at Well #25. The contract amount is not to exceed $9,220. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Well 25 SCADA installation with Custom Electric for $9,220 and authorize the Mayor to sign it. 0 Page 2 CHANGE ORDER NO. 1 DATE OF ISSUANCE 11/22/2004 OWNER City of Meridian CONTRACTOR :Hydro Logic Contract: Test Well Security Enclosures ENGINEER You are directed to make the following changes in the Contract Documents: Description: See attached Memo. Reason for Change Order: Addition of security enclosure at well 26 test well. Attachments: (List documents supporting change): Memo from Civil Survey CHANGE IN CONTRACT PRICE: Original Contract Price $ 10,400 Net Increase (Decrease) from previous Change Orders No. to $ None Contract Price prior to this Change Order: $ 10,400 Net increase (decrease) of this Change Order: 5,200 Contract Price with all approved Change Orders: $ 15.600 RECOMM ED: By: EN (NEER (Authorized Signature) Date: EJCDC 1910-8-B (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: No. 1 EFFECTIVE DATE 12/2212004 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) By: Mayor tie Weerd Date: Attest: William Berg Jr., City Clerk Council Approval 111231104 Hydro 1��i�, �c 1002 W. Franklin Street Boise, ID 83702 L208)342-8369. ax 342-3100, h drologic west.net October 29, 2004 City of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 Attn: Mr. Len Grady INVOICE FOR MERIDL4N #26 TEST WELL SECURITY ENCLOSURES This invoice is for the two security enclosures for the two test -wells at the Meridian Well 426 site as referenced in our change order for this project. The enclosures are fully installed on the wells, painted with 1DWR well ID tags installed. The inside piezometer piping is all completed and documented for future reference. Total Amount Due this invoice =$5,200.2-0 Please make check payable to: Hydro Logic, Inc. at above address. Thank -you! October 29, 2004 City of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 Attn: Len Grady Explanation of Charges Len: Here is an invoice for the two security enclosures for the test -wells at the Well 426 site. Not mentioned specifically in the invoice are charges for an enclosure on the Well #14 test -well (not previously contracted for) which will be installed under these charges and for other discussed charges that had no project to bill to and which we have discussed previously. We have only the final report left to complete, and bill for, on the Test -Well 426 project. Ed November 19, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Well 27 Design Contract with Civil Survey November 23, 2004 AGENCY COMMENTS ITEM NO. 5-R CITY CLERK: CITY ENGINEER: Sea al'tachad CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept, . To: Brad Watson From; Lenard Grady CC: Date: 11/18/2004 Re: Proposed Agenda a Items for November 23, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the November 23 City Council consent agenda: Franklin Road Waterline Easement Attached is an easement for waterline on Franklin and Ten Mile, Recommended Council Action: The Public Works Department recommends that City Council approves the Easement for waterline on Franklin and Ten Mile with Burke P. Jones et al and authorize the Mayor to sign it. Well 26 Test Well Security Enclosure Change Order #1 — Hydro Logic. Attached is a change order with Hydro Logic for additional security enclosures at well 26 test well. Recommended Council Action: The Public Works Department recommends that City Council approve the Change Order #1 for Additional Security Enclosures at Well #26 Test Well with Hydro Logic for $5,200.00 and authorize the Mayor to sign it. Well 27 Design Contract with Civil Surve Attached is a contract with Civil Survey for design of Well 427 Pumping Facilities. The contract amount is not to exceed $26,470. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Design of Well 27 Pumping Facilities with Civil Survey for $26,470 and authorize the Mayor to sign it. From the desk of.. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 ® Page 9 Fax: (208) 898-9551 gradyl@meridiancity.org Well 25 SCADA installation Attached is a contract with Custom Electric for installation of the SCADA system at Well #25. The contract amount is not to exceed $9,220. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Well 25 SCADA installation with Custom Electric for $9,220 and authorize the Mayor to sign it. Page 2 CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 04039 THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this day of , 2004. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct new pumping facilities at Well No. 27 located at the northwest corner of Franklin Road and Ten Mile Road. The proposed improvements consist of a new pump house, vertical turbine well pump and motor, electrical controls, emergency generator, site improvements and appurtenances, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROTECT including; all design criteria, information as to CLIENT`s requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications_ The CLIENT will also provide to CSG all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE :PERFORMED .BY CSC CSC will provide services as outlined in the attached letter dated October 19, 2004. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated October 19, 2004 Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian Civil Survey Consultants, Inc, 33 E. Idaho Avenue 100 South Adkins Way, Suite 101 Meridian, Idaho 83642 Meridian, Idaho 83642 I= NAME: BY: Timothy A. Burgess, Vice President TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: WO 1 of4 10/19/04 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSG shall not be responsible for acts or omissions of any party involved. in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, GSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents, The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSG opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROTECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated. otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in - respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. wo 2 of 4 10/19/04 TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSG for services and expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fau.It of the terminating party. If this Agreement is terminated by either party, CSC shall be paid. for services rendered and for .reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSG and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, :reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. WO 3 of 4 10/19/04 Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Labor: Civic Survey Consultants, Inc. 100 S outh Adkins Way Suite 101 Meridian, Idaho $3642 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2002 Project Manager Chief of Surveys Project Engineer Design Engineer Design/Survey Techi ician 1 Design/Survey Technician 2 Direct Expenses: GPS Vehicle 2 -Wheel Drive Vehicle 4 -Wheel Drive Outside Printing Long Distance Telephone Sub -Consultants - $ 90.00 per hour - $ 90.00 per Hour - $ 70.00 per hour - $ 65.00 per houx - $ 60.00 per Dour - $ 55.00 per hour - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost - $ Cost - $ Cost (208)888-4312 Fax 888-0323 WO 4 of 4 10/19/04 Glean K_ Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Len Grady City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Well No. 27 Dear Len: f Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 33642 (208)888-4312 Fax 888-0323 October 19, 2004 Thank you for considering Civil Survey Consultants to provide professional services required for the construction of new pumping facilities for Well No. 27. We propose to provide these services based upon the following scope of services: Design Services: Well 27 will be located at the northwest corner of the intersection of Franklin Road and Ten Mile Road north of the Ten Mile Creek. Well 27 has not been drilled as of this date. Based upon previous Meridian wells we anticipate a vertical turbine pump will be designed for a maximum continuous delivery rate of approximately 2000 gpm with a 125 to 200 horsepower motor. Actual delivery rate and motor size will be determined based upon well performance and actual head conditions. 2. CSC will perform a topographic survey of the area where the well lot is proposed to be located. The survey will locate Ten Mile Creek, existing buildings, existing residential wells, existing septic tanks and drain fields, existing property lines and other features necessary to properly locate the well and well lot. CSC will contact the Ada County Highway District to verify the future right-of-way width for Ten Mile Road. CSC will prepare a site map with a recommendation as to the final well location and well lot configuration based upon existing DEQ requirements. Upon final selection of a well site, CSC will prepare the DEQ "Well Siting Checklist" and submit it to DEQ for approval. 4. All work associated with preparation of the water rights application, obtaining the water rights for the well, obtaining the well drilling permit, and drilling and pump testing the actual well will be completed by others under a separate contract. Grady October 19, 2004 Page 2 of 4 5. Once the well is constructed, CSC will provide complete design services required for preparation of plans and specifications for the new pumping facilities. The new piunping facilities will include the following components: a. The well building will be masonry block construction, with aluminum fascia and soffets, and architectural fiberglass shingles. The new building will be approximately 28' wide by 28' long. The generator set will be enclosed in the building. There will not be a separate chlorine room., b. The well will be equipped with a new water lubricated vertical turbine pump. The pump will be selected based upon the characteristics of the actual completed well. Motor size is anticipated to be 125 to 200 horsepower. An automatic pre -lube systean will be provided for the pump column bearings. A Variable Frequency Drive (VFD) will control the pump motor. The VFD will vary the pump motor speed to maintain a constant pressure in the discharge piping. d. The well will be equipped with an emergency generator to be located inside the puunp house. The generator shall be equipped with an automatic transfer switch. The generator may be either a diesel or natural gas fired unit at the discretion of Meridian. The construction contract will require that the Contractor install a Radio Telemetry (RTU) Panel to operate the well with the current City system. The City will f rnish the RTU panel. The contract will require the Contractor to install a conduit to support the antenna. The City will install the actual antenna and wiring. The Contract will require the Contractor to install conduit between the RTU and VFD, along with the necessary contacts and wiring for the desired telemetry Rinctions. The City will provide a list of functions to be included, and the type of contact(s) required. f. The building will. include heating, ventilation and air conditioning. g. A liquid solution-metefing pump will be provided. The ptunp will be controlled. proportional to the flow by a 4-20 ma signal from. the flow meter. h. Site improvements will consist of an asphalt driveway and parking area with access off Ten Mile Road. No improvements to Ten Mile Road will be provided Grady October 19, 2004 Page 3 of 4 under this contract. The well will conn ect to an existing water main located on the east side of Ten Mile Road. The site is located adjacent to Ten Mile Creek. Well 27 will include provisions to flush water into Ten Mile Creels. CSC will coordinate with the Nainpa-Meridian Irrigation District, U.S. Army Corps of Engineers, and Idaho Department of Water Resources as necessary to obtain permission to flush water into Ten Mile Creels. 4. CSC will submit the completed plans and specifications to the Idaho Department of Environmental Quality, the Ada County Highway District, the Nampa Meridian Irrigation District and the Owner for review and approval. CSC will provide an advertisement for bids for publication by the Owner, answer any pre-bid questions and attend the bid opening. CSC will provide the Owner up to 30 copies of plans and specifications for bidding purposes. 6. CSC will attend a pre -construction meeting. 7. The Owner will issue the Notice Of Award, Agreement, and Notice To Proceed, and will handle all contract administrative work. S. CSC will begin design upon receipt of a :notice to proceed from the City of Meridian and a final pump test results from the completed well. 9. The City of Meridian will perform a hydraulic analysis of the distribution system with their computerized water model and provide CSC with predicted main line pressures at well discharge rates of 500, 1000, 1500, 2000, and 2500 gallons per minute, 10. The City of Meridian will make all arrangements with Idaho Power Company and Intermotiuitain Gas Company for utility service to the well site. Construction Services: CSC will provide complete construction services including coordination between the Owner, Contractor, Sub -contractors and Sub -consultants. 2. CSC will provide construction observation services. CSC will prepare contractor's partial payment estimates for approval by the owner. Grady October 19, 2004 Page 4 of 4 4. CSC will review and evaluate the need for change orders during construction and provide a recommendation to the Owner regarding their approval or denial. 6. CSC will conduct the final inspection and assist the owner with project close out. 6. CSC will prepare record drawings for the completed facilities. 7. CSC will conduct a one-year warranty inspection. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $ 19,270.00 without prior approval of the Owner. We propose to provide the Construction Services as outlined above on a time and materials basis according to the attached rate schedule plus direct expenses and sub -consultant expenses. I estimate the fee for construction services will be approximately $ 7,200.00. The above fee estimates are based upon utilizing Mulder Engineering Incorporated for the electrical engineering services and Kartel er Engineering for mechanical services. A copy of our reran -hour and fee estimate is attached for your reference. The above fee estimate assumes that Meridian will pay for all costs associated with permits, licenses, testing and publishing costs. If the proposed scope of services and fee estimates are acceptable, please sign and return one copy of the enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for this project. Sincerely, im Burgess, P.E. Vice President enc. Civil Survey Consultants Design Fee Estimate City of Meridian Municipal Well No. 27 Classifiaction Hours Rate Total Project Manager 19.00 @ $90.00 = $1,710.00 Project Engineer 142,00 @ $70.00 — $9,940,00 Professional Land Surveyor 2.00 @ $90.00 = $180.00 Survey Techncian 1 8.00 @ $60.00 = $480.00 Survey Techncian 2 8.00 @ $55.00 = $440.00 GPS 8.00 @ $40.00 — $320.00 Labor Subtotal 171.00ii $13,070.00 Classifiaction Item Rate 1 Total Plan Set Printing 40 @ $12.00 = $480.00 Specification Printing 40 @ $23.00 = $920.00 Misc. Printing $100.00 Kartchner HVAC $1,200.00 Mulder - Electrical $3,500.00 Direct Subtotal $6,200.00 Total Design Fees $19,270.00 We1127.xls 10/19/04 Civil Survey Consultants Construction Services Fee Estimate City of Meridian Municipal Well No. 27 Classifiaction Hours Misc. Printing Rate Total Project Manager 9.00 @ $90.00 = $810.00 Project Engineer 72.00 @ $70.00 = $5,040.00 Professional Land Surveyor 2.00 @ $90.00 = $180.00 Survey Techncian 1 4.00 @ $60.00 — $240.00 Survey Techncian 2 4.00 @ $55.00 = $220.00 GAS 4.00 @ $40.00 = $160.00 Labor Subtotal 87.00 $6,650.00 Classifiaction Hrs/Miles Rate Total Misc. Printing $20.00 Kartchner - HVAC 2.00 @ $70.00 $140.00 Mulder - Electrical 6.00 @ $70.00 $420.00 Direct Subtotal $580.00 Total Construction Fees $7,250.00 We1127,xis 10/19/04 Civil Survey Consultants Man-hour Estimate City of Meridian Municipal Well Na 27 Task Description Professional Engineer Design Engineer PLS Survey Technician I Survey Technician 2 Total 1. Design a. Coordination & Meetings 4 12 16 b. Site Survey & Base Map 2 2 8 8 20 c. Site Concepts and Approval 1 8 9 d. Well Siting Checklist 1 4 5 e. Hydraulic Analysis 1 4 5 f. Pump & Piping 2 16 18 g. Building Pians 2 24 26 Site Design 1 32 33 h. Contract Documents 2 16 18 i. Review and Approval 4 1.6 20 2. Bidding a. Coordination & Meetings 1 8 g Design & Bidding Total Man•Hours 19 142 2 8 8 179 3. Construction a. Coordination & Meetings 2 4 6 b. Construction Staking 2 4 4 10 b. Inspection 4 40 44 c. Payment Estimates 1 8 9 d. Change Orders 1 4 5 e. Record Drawings 1 16 17 Construction Total Man -Hours 9 72 1 2 4 4 91 We1127.xis 10/19/04 November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5-S REQUEST Well 25 SCADA Installation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: �yr 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: Phone: Staff initials: Materials presented at public meetings shall become property of the City of Meridian. .' RECEIVED Cify Of Meridi.a-n City Clerk Office To: Brad Watson From: Lenard Grady, CC: Date: 11/18/2004 Re: Proposed Agenda a Items for November 23, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the November 23 City Council consent agenda: Franklin Road Waterline Easement Attached is an easement for waterline on Franklin and Ten Mile. Recommended Council Action: The Public Works Department recommends that City Council approves the Easement for waterline on Franklin and Ten Mile with Burke P. Jones et all and authorize the Mayor to sign it. Well 26 Test Well Security Enclosure Change Order #1 — Hydro Logic. Attached is a change order with Hydro Logic for additional security enclosures at well 26 test well. Recommended Council Action: The Public Works Department recommends that City Council approve the Change Order #1 for Additional Security Enclosures at Well #26 Test Well with Hydro Logic for $5,200.00 and authorize the Mayor to sign it. Well 27 Design Contract with Civil Survev Attached is a contract with Civil Survey for design of Well #27 Pumping Facilities. The contract amount is not to exceed $26,470. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Design of Well 27 Pumping Facilities with Civil Survey for $26,470 and authorize the Mayor to From the desk (if... sign it. Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208)898-5500 • Page 1 Fax: (208) 898-9551 gmdyl@nieiidiancity.org meridiancity.org Well 25 SCADA Installation Attached is a contract with Custom Electric for installation of the SCADA system at Well #25. The contract amount is not to exceed $9,220. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Well 25 SCADA installation with Custom Electric for $9,220 and authorize the Mayor to sign it. 0 Page 2 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the 6th day of October in the year 2004 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Custom Electric, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article I WORK. The CONTRACTOR will.complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The Project consists of a SCADAPAK, modem, touchscreen 01, terminal blocks, enclosure, power supply, programming and start-up for the Well #25 Control System. The Project for which the Work under the Agreement is described as follows: Well #25 Control System. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) calender days from. the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER wiI1 pay CONTRACTOR for completion of the Work in current funds as follows: $9,220.00 Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15`h day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 9/29/2004 Page 1 of 3 Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRAC'T'OR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - NIA. 8.3 Information For Bidders. 8.4 Drawings. 8.5 CONTRACTOR's Quote. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.10 City of Meridian Standard Specifications & Drawings — 2002 8.11 EJCD General Conditions There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order, 9/29/2004 Page 2 of 3 Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment willrelease or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article la OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Owner CITY OF MERIDIAN 0 Name: Tammy de Weerd. Ma or Attest: William G. Berg, Jr. City Clerk Approved by City Couucil: ��°,� , 20 Contractor SM�i �+ By Name: Attest: 9/29/2004 Page 3 of 3 Custom Electric, Inc. 2800 West Idaho Blvd. ,Emmett, Idaho 83617 208-365 2700 Fax, 208.385-2768 - TO: Meridan Water, Public Works Dept. Attn: Lenard Grady Date: September 29, 2004 Time: 3:59:05 PM Quote Quote cost L 9220.00 Quote for Well #25 Control System Quote includes, SCADAPak, Modem, Touchscreen Ol, Terminal Blacks, Enclosure, Power Supply, Programming, and Start-up 9220.00 City to provide radio and antenna, and wires pulled to RTU enclosure Quote cost L 9220.00 November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5-T REQUEST Water Main Easement for Farmers and Merchants State Bank AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Entailed: Staff Initials: Materials presented at public meetings shall become property of the City of !Meridian. November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5-U REQUEST Award of Bid for Black Cat Trunk Sewer Phase 1 to Bodiford Construction for $2,869,919.E AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 11/18/2004 Re: Proposed Agenda Item for November 23, 2004 City Council Meeting City of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the November 23 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat Trunk Sewer Phase 1. Pour bids were received for this project as summarized below and detailed in the attached spreadsheet: • Bodiford Construction, Inc $2,869,919.60 • Brown Construction, Inc $2,904,198.55 • Masco, Inc $3,885,196.10 • Owyhee Construction, Inc $3,934,649.00 The Project consists of construction of approximately 5,016 lineal feet of 36 -inch PVC gravity sewer, 1,287 lineal feet of 18 -inch PVC pressure sewer, 1,287 lineal feet of 10 -inch PVC pressure sewer, collection sewers, 4,818 lineal feet of 12 -inch water main, 113 lineal feet of 48 -inch RCP culvert, borings under UPRR, Kennedy Lateral, Ten Mile Creek, and Williams - Northwest Natural Gas Pipelines, approximately 5,214 lineal feet of full width roadway construction of Black Cat Road, approximately 1,281 feet of half width roadway restoration of Franklin Road, asphalt and other surface repair, manholes, sewer and water services, gate valves, blow -off assemblies, clean -outs, dewatering, traffic control, striping, storm water management, and other related and miscellaneous work. Recommender[ Council Action: The Public Works Department recommends that City Council approves the contract for the Black Cat Trunk Sewer Phase 1 with Bodiford Construction, Inc, Inc for $2,869,919.60 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 c c 0 0 r a o d rn 4Nt a a x x x co r 0 � a a v m co U L. o ca N r 6i m CL a . E � m Gl� a a O Q. 0 m CT d 4)O 3 �E o a p aa: .a 0 a. L) m in a 0 0 L x x x r, ai a co U co GG v O p] O 13 � (O 01 p x X X L7 U) m m co ri v c a � v co W x x x o C) °} U c" a s4 0 Lm d a m CL c cUa O 0 Q V.� E N -a o O. a m a cr 0 m a -a °' E a a tY o a aZ5, m a d a r � a a v m L. o ca N r 4, CL a . E � a a 0 O Q. 0 m CT d 4)O 'a ;o �E o a p aa: .a m a. L) m in m ^ D ;a C. CD co 0 113 -a Ct7 Q Cig MrL r o R. m M .0 , o oCD En O a a O C 0 CL pt fD ay CL o ilk - n Q ro Q U1 O O v] i1 M�M t!3 m ^ D ;a C. CD co 0 113 -a Ct7 Q Cig m a C o R. O C CD CD Q N n Q O CD Li ilk - v] M�M t!3 d1 O N c4 � � d `o l� fi W D U November 19, 2004 MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT ITEM NO. 5-V REQUEST meridian Senior Citizen Center Remodel Architect's Service Agreement with Johnson Architects AGENCY COMMENTS CITY CLERK: Sae 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: Contacted: Dote: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. LETTER OF TRANSMITTAL DATE: 19 NOV 04 ATTN: WILL BERG company: CITY OF MERIDIAN address: 33 E. Idaho Ave. 2 2 Meridian, ID 83642 fax Exhibit A. Hourly Rates phone 208.888.4433 JOB NAME: Meridian Senior Center Remodel JOB NO.: 04167 RE: AIA Contracts WE ARE SENDING YOU: JOHNSON ARCHITECTS a professional corporation VIA: hand delivery # OF COPIES TYPE OF DATE DATE DESCRIPTION CORRESPONDENCE REVISED 2 2 AIA 13141 Part 1 19 NOV 04 AIA B 141 Part 2 2 Exhibit A. Hourly Rates 2 Attachment A -1CDBG THESE ARE TRANSMITTED: ® For approval ❑For your use []As requested ❑ For review and comment REMARKS: Please execute both records. TRANSMITTED BY: Scott . fl( pnone 1uzs.mb.gw COPY TO: File, document2 ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ For your record [l Pand return one back to our office, keeping the other for your Architect fax 208.846.9475 "ZW I ti F ZV . 1 All, oo � 1111111 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the day of W 6V in the year 2 (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other it formation) City of Meridian 33 E. Idaho Ave. Meridian Idaho 83642 (208) 888-4433 and the Architect: (Name, address and other information) Johnson Architects. P.C. 440 E. Corporate Drive Suite 102 Meridian. Idaho 83642 Tele hone Number: 208 846-9033 Fax Number: 208 846-9475 For the following Project: (Include detailed description of Project) Meridian Senior Center Upgrades 133 W. Broadway Meridian. Idaho 83642 Renovations to the existing Meridian Senior „Citizen Center needed to bring restrooms. entrances and exits, and kitchen 4p to current International Building Code (1130 and ~ Americans with Disabilities Act (ADA) requirements. Priorities for use of available funds are more specifically described in the Meridian Senior Center Grant Application_ dated March 5. 2004, prepared by Sage Community Resources. The Owner and Architect agree as follows: This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document 8141 TIl —1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American institute of Architects. All rights reserved. WARMFG. This Al; ' Document le protected by U.S. Co,Oyrlght La.r a:rd Treacles. Unz,Xho,Izad raproduytion or distribution of talo AJAR Document, or any P,orifan of It, nayres'JA In severe civil and criminal panalilas, arta WRI be prosaculzd to the rnaNlrnum axtent pvss11)13 under MN lava. This documentivas produced by AIA so€tvram at 09:34:00 on 1 ill9i2004 under Order No.1000130965_1 which expires en 7/2712005, and is not €or resale. User motes: (3735967606) ARTICLE 1.1 INITIAL INFORMATI0N § 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution "or "to be determined later by mutual agreement. ' ) § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if'appropriate, proposed use or goals.) Renovations to the existing Meridian Senior Citizen Center necessary to brine the facility's restrooms, entrances and exits, and kitchen u1i to current IBC and ADA standards (exce t Kitchen entrance/exit). § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The existing facility is located at 133 W. Broadway, Meridian Idaho § 1.1.2.3 The Owner's Program. is: (Identify documentation or state the manner in which the program will be developed.) Priorities, including alternates, as described in the Grant Auplication elated March 5, 2004. prepared by Sage Communfty Resources: renovatian/e ansion of restrooms kitchen ceiling upgrades and exhaust system, addition or replacement of various accessible ramps. § 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site,) A Property metes and bounds "survey" has not been provided the architect by the Owner,• the City of Meridian Building Department will not re wire that a lot line adjustment be made as part of the sco a of this Woject. § 1.1.2.5 The financial parameters are as follows. 1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $115,000.()0 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $100.000.00 § 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) I Not APRIicable § 1.1.27 The proposed procurement or delivery method for the Project is: fidentift method such as competitive bid, negotiated contract, or construction management,) Competitive Bid § 1.1.2.$ Other parameters are: (identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) I Not Applicable § 1.1.3 PROJECT TEAM § 11.3.1 The Owner's Designated Representative is: (List name, address and other information.) AIA Document 6141 -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953,195s, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1967 and 1997 by The American Institute of Architects. All lights reserved. 1,YAr'PNING: Thla , AIA" Dcoumzm, Is pm!ojied by tl,S, Copyright L, -,T/ 2F- i International Trea;laW. UnOuiheriz d rs ro lection or di5lrlhulton of this diA l mcu rent, or any Port.an c3 h, may resod in vcv0ra 01711 and erlminLl pansP ILL, "111d *111 lin �resev a2�d to the mp i nu 1 ext nt pv sld. ur�o-r ire iw t. This dccumeni vies produced by AIA softare at 09:34:00 on 1 111 91200 4 under Order No.1000130965_I whfch expires on 71 2 2120 0 5, and is not for resale. User Notes: (3735907606) Contact: Kenneth Alga. Meridian Senior Center 101 E. Carmel Dr. Meridian. ID 83642-3337 (208)288-2211 (home) § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and outer infonnation.) i Not Avolicable § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) I Not Applicable § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Roger Nielsen, Architect 440 E. Corporate Drive Suite 102 Meridian Idaho 83642 § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and if known, identify them by name and address.) Structural Engineer: DES Engineers P.C. 660 E. Franklin. Suite 230 Meridian, ID 83642 contact: Dale Swink Mechanical Engineer: Musgrove En eiueerin 410 S. Orchard. Suite 184 Boise, ID 83705 contact: Charles Paulin Electrical Engineer: DC EngineerinE, P.C. 440 E. Ca orate Drive Suite 103 Meridian, ID 83642 contact: Jon Goranson § 1.1.4 Other important initial information is: Not Applicable § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: AIA Document A201 as modified by the Owner after consultation with the Architect AIA uoeument B141— -1997 Part 1. Copyright (9) 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute o€ Architects. All rights reserved. 'g"?ARi�� NIi : This AW Do sur en; 15 pro;zci?d by U.S, Copyfight Lags and trltEramllor.al Tionfl:s. UnOuthoriz-ad mproduetlon or dl.-ulaullon of lhls.AJA" Doeument, ar n7% Portion of 11, n, ly result in =suer= civil and critninai penaitlse, and utile rc-s aatWd tc 1;75 ra:,in um Axtcnt DossibEo un 1'er th_ ! ;r. This document was produced by AIA soft=ware at 09:34:00 on 11/19/2004 under Order No.1000130565_1 which expires on 712212005, and is not for resat,-. User Notes: (8735967606) § 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. § 1.2.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. § 1.2.2.3 The Owner's Designated Representative identified in Section 1. 1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1. 1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. §'1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional shill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.2.3.3 The Architect's Designated Representative identified in Section 1. 1.3 shall be authorized to act on the Architect's behalf with respect to the .Project. AIA Document 13141M —1997 Part I. Copyright 0 1917, 1926 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 2977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: Ti1is -1 IA' fa PrOtdLt d by U& Cepy719ht JAW and k4e, nailonal ireatlen. Unauihorlaad =roductlon or distribution of rola AIA' Document, or any porlan of It, nay rev31t 1n s-ovcre civil and crirllpjl� cs�atile�3nri a�11i tti pr04;vcC Nt d to fh rrQx3„ sum exten& pouslb!o and.,r 2!7 la L t. This document oras produced by AtA software at 49:34;p0 on t 1/19"2004 under Order No.1000130965_1 which expires on 7122!2005, and is not for resale. User Notes. (3735967606) § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain; the confidentiality of information specifically designated as confidential by the Owner. § 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services, The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specked, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work - C, 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other casts that are the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and Maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control, if and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 1 Notwithstanding the foregoing, the Owner's right to use the design or drawings shall continue during any litigation of any good faith dis-pute regarding anv payments due the Architect, or any other dig ute between the Owner and Architect: —I vul rare 1. t:cpyrignt V 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of ArchiecEs. All rights reserved. VIAFf1• ING: i Isis Al,e i ocuriter:t 1z protsctad by U.S. ;;opyzIgN, Law and .Int�n_tionat Tcfes.Unvuthcrizacreproduction or c1sPrla1Ei©n of tils A} •`Ds , tporon of ti, tngy result In SeVO i ch,11 and einiaal pZnaltics, and u111i presn=o°d to the m WXlnlurn ex=ani posaiu92 under 1ha Inn, This documentwas produced by AIA software at 09:34:00 on 11/19/2004 under Order NoA000130965_1 which expires on 712212005, and is not for resale. User Holes: (3735967606) § 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; A preparation for and attendance at a public hob hearin be and those s ecilicall included in the Architect's scope of services elsewhere in chis Agreement). a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto thereto (Owner will not be liable for services provided by Architect to the extent they are necessitated by„_the Architect's negligence); .7 change in the information contained in Article 1.1. 1.3.3.3 The Architect's right to obtain additional compensation shall not be automatic. In order to obtain additional com enation, the Architect must inform the Owner of the requested compensation, the reason for the request, and give the Owner an opportunity to object. Additional Services shall not be performed, and the Architect shall have no obligation to perform Additional Services unless the Architect obtains the Owner's written consent. § 1.3.4 MEDIATION § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed AIA Document B141 TM —1997 Part 1. Copyright ®1917, 192fi, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 9970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. VIARMNG: 7 his AIAe Document 1, pr0l utad by U.S. Copyright Lav and lntornaVoial Tr eadn. Llnauthorizad reproducjlon or diatdbution of this AIA' pcouniort, or any pfflan of it, may n�ull In ssv2Jc Civil and odmInnl pasnalties, and w111 h=s pr csacuted to ill®r ttxirna r erteni po;�its?® ur d•r ,E2x iz�r, This document was produced by AIA softvrare at 09:34:00 on 11/19/2004 under Order No. 1000930965_1 which expires on 7/2212005, and is not for resale. User Holes: (3735967806) in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter J bymediation. § 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. T-he-r.-� may be EEE& the fiR edi ea -Mediation shall proceed in advance of amen er- legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof, § 1.3.5 ARBITRATION arbWatie—• ,Pa -ver to r��l. ` .t'.,�. ute5 r.. ..,.1;.,+:,. aeee_a__ _ _,� Section 1.3A-. e pales that are -Hot resolved by me4lati@n—Am4 e e filmsarbi o cath .. a4sseeiatist}: §I 3 53 made vgthig & otherer the Gla4ffl dispute or �y mater- ln '1_"_'_e{�a c'�LYCi� p� UCh B16111, EKSPUte er ether matter -in ques&)a weWd be barred by tke applieabie § 1.3-5.4 No ar-bitEation ut of or- ,' Fj RSGtId� aHY other n$ speeif4e refcB aea-to this aurr�catiniv_S��n i• - d �• c>�the O wRr, , Are mi2et,z.- and aaytha,. b@-j62nBd:--(�Bkl'S@$t-tO-a�ifFaii8n�F1-v^�"•"^-un^£td�i#iBna�-p@F59n-9I•FJI1�ktjF-$�411•-E18t-£$ name`r otea yr ieFtitsLiB�.i�l � � a-p��y Het ��Tn a b ewe b. 1.3.50 5-The-awaf4-render thin£ rata :ai;ivat@fs sha 36 �faal da + i aceer-danee-4+1- applic-abje law in any § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. § 1.3.7 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be governed by the law of the �e State of t'�sinessrs€�ltez4rehiteeh Idaho, unless otherwise provided in Section 1.4.2. § 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201 General Conditions of the Contract for Construction, current as of the date of this Agreement. AIA Document 131.41Te —1997 Part 1. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WAMNla 1=a: T Itls AI?" Dc, umcrt Is prutsotad by U.5. Copyright Lmiv ani Interr n,iaral Traa3tos. Unauthariz d reprnd �c11on ; dIstribvtion of this A1A� L'ccuMent, cr any Porn?= of R, €ray result In oav=.' a oi'1I1 and cr3r„Ira! p�nati? ,and �t1li av 7 pr ,J1c i to the niarim3,J;r, 0x—Mni po"H)l vndsai the la°Fr. This document was produced by AIA software at 09:34:00 on 11/1912004 under Order Ho.1000130965 1 which expires on 712212005, and is not for resale. User Notes: (3735967606) § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial des Completion. If an act of failure to act is fraudulently concealed, the statute of limitations shall commence to run ^R••'�when the dat&A;hea-fraudulent concealment is, or should be. a arent to the § 1.3.7.4 To the extent damages are covered by proceeds from property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary' et-„_� information. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give s�fourteen days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §'1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. m1A wuurr«n[ oiq - - iuu1 part 1. Copyrlght �D 1917, 1926, 1945, 1951, 1953, 1953, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reservad. V/,AM'dlfl,: € hFs A? n" Dccuman, i4, „ralccled by U.5. Copyright Law and 1 reaiies, Ur{auth0riz--d raproc Uu'UOn ^.r dlatrIbullon ai lhia A)A' iooumianj, oB ar:y porVon of ft, may Yas,,u t in :eves ctvll Lnd erlr,llnai e.njlt1a3 errs Y'lll be 8 prosW cutad to 1y= naximurn S �twni p©sslbda undo; tha lata. This document eras produced by AIA softvrare at 69:34:00 on 111191aW under Order No.1000130985-1 whish expires on 7122J2005, and is not for resale. User Notes: (3735967606) § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 1.3.8.4 This .agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then eases as de aed 4a Seetic w4-3 o � e mite-KYenses_�e n ad,�. tiet�ensalisa €er-the s8rviees of the �eemea�ad-iaelude F r the r-ehite *!. .,.:, aced lar-efit an the &4 tf due. § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Section 1.5.5; .8 other similar direct Project -related expenditures. § 9.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits .related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERAS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, ALA Document $141-1997. AIA Document 5141 n+ —1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. VIA,= NING., i hia Ali:` loctimera Is promcted by US. Ccysdghi La.1 sr.1 tnierra€local 3 re�11l . Una�rii�oriz2d reprodJ ctlon ❑r distrR u€lon of tale AWGcce rent, o, any uo ;o of 7t. may raau t in severe civil and crlmIrmi rvnalalaao and "rail) �W presaoutsd to t ? n}axirmm extort poyslbls unJer the I v. This document vias produced by RIA software at 09:34:00 on 11119/2004 under Order No.1000130955-1 which expires on 712212005, and is not for resale. User Hates: (3735567608) § 1.4.1.2 Standard Forza of Architect's Services: Design and Contract Administration, AIA Document B 141-1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) Not Applicable § 1.4.1.3 Other documents as follows: (List other documents, if'any, forming part of the Agreement.) Attachment A — ICDBG Agreement Attachment between the Owner and Design Professional Attachment B — Architect's hourly rates § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: .1 The Architect shall donate $5,000 of its fee (listed as a stipulated sum in Section 1.5.1) back to the Meridian Senior Citizen's Center which shall be credited to the Owner's account upon final billing. Upon final HEI the amounts of the architect's and each of its consultants' donations shall be individual) listed and the Owner agrees to Provide recej is for each listed donation. Z Betterment: If. due to the Architect's error or ornission—any required item or component of the project is omitted from the Architect's Construction Documents the Architect shall not be responsible fora :m the cost to add such item or com onent to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value or betterment to the project. In no event shall the Architect be responsible for any cost or expense that provides betterment, u de, or enhancement of the project. .3 Limitation of Liabiljt . In recognition of the relative risks and benefits of the Project to both the Owner and the Architect and factthat the Architect's fee minus the Architect's donation back to the Owner will minimally cover the Architect's costs to erform services the risks have been allocated such that the Owner agTees, to the fullest extent permitted by law, to limit the liability of the Owner for all claims, losses costs damages of any nature, whatsoever or, claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so the total aggregate the Owner shall not exceed $100,000, or the Architect's total fee for services rendered onathis Project. whichever i _ Project- greater,It intended that this,limitationopply_ to any and a1l.liabilitp or cause of action however alle ed or arisinz unless otherwise rohibited by law. 4. Meetin s: Participation and attendance at meetings by the Architect included in the sco a of services under this Agreement, and which shall not be considered as a change in services under Section 1.3.3.2.6, include: one public hearing with the Idaho Economic Advisory Council ata roximatel 50% design completion. during construction, month) Building Committee meetings. Lup to five) to present, discuss and approve contractor's billings: during construcrion W to two construction progress meetings per month with the general contractor and Owner's representative. to review the general rogress of the work issues of quality, schedule. interpretations of the Instruments of Service, or other relevant information. ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Asti ulated sum of S15,000(Fifteen Thousand Dollars). AIA Document 13141TM -1997 Part I. Copyright a 1917, 1926, 1948, 1951, 1953, 1956, 19611 1 983, 1986, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute otArchitecls. All rights reserved. WARMING: T b„ Ali? M-,cumar.t 1s PtOis„ad by U�3, Qopyrgjhi ;;aalfas. Unm�uiharizad reprodDc?ion or di;�irlbu lon of tris AJ A” iocunant, or any porllojl of 1t, nay sura?•`. In � eie ti ell sr:d 0, iminnl pe'alll3v, P nd vAH be 10 p,a�eoU3od To the na dmu�m a -'tint plozslb'e und;=, t e Iavii This document was produced by AIA sofWare at 09:34:00 on 11/1912004 under Order No.1000130965-i which expires on 7/222005, and is not for resale. User Motes: (3735967606) §'1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, is an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply.) I at the hourly rates listed in EXHIBIT A. § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One and one-tenth ( 1.�0 ) times the amounts billed to the Architect for such services. § 1.5.4 For Reimbursable Expenses as described in Section 13.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of One and one-tenth ( 1.10 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.5 Other Reimbursable Expenses, if any, are as follows: Notes hp ,cable § 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. § 1.5.7 An initial payment of One Thousand Dollars and Zero Cents ($ "1 OOo_QO ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. § 1.5.8 Payments are due and payable Mh = ( 30 ) days from the date of the Architect's invoice. Amounts unpaid -five ( 35 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 1 1.50% monthly (Usury laws and requirements under the Federal Truth in Lending Act, .similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modijications, and also regarding requirements such as written disclosures or waivers.) § 1.5.9 If the services covered by this Agreement have not been completed within Twenty-four ( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. This Agreement entered into as of the day and year first written above. OVUI�IE Al (Printed name an itle)(Prated name m f� �` y. b AIA Document D141 -MI -1997 Part t. Copyright ®191 ��fi, �1�51fi9S3>�r953, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by ilio American Instilute of Architects. All rights reserved. VIA: d�'�s'�I ;, y� MZw ;t €d p, atected �y U.S. Copyr Ight ? a,°e acrd Int?mnlional Trealjo;;, Unn=,ti"erl�d Mercducttan or C113tribution of INS AIA' �oun#ent, or any PDolon of It, may result In sever'. c :tl and crt„ lnal penalties, a,zd will be prc;zasulad to tite nlaxlm :m =ant possl'bIC! uncial the Isat. This document eras produced by AIA softNaara at 09:34:00 on 11/1 9/2004 under Order No.1000130985_1 which expires on 7/2212005, and is not for resale. User litotes: (3735967606) Certification of Document's ent'sAuthenticity AiAO Document D401 Tm -- 2003 I, Scott M. Freeman, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 09:34:00 on 11119P-004 under Order No. 10001309651 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAo Document B 141Tht -1997 Part I - Standard Farm of Agreement Between Owner and Architect with Standard Form of Architect's Services, as published by the AIA in its software, other than changes shown in the att oed final document by underscoring added text and striking over deleted text. (Signed) (Title) 1AWD\/D4— (Dated) AIA Document D401TIJ —2003. Copyright 01992 and 2003 by The American Institute of Architects. All rights reserved, AIA°" Dc=..um �nf is by U.s. copVjvt Lori ar"d L darnstl�nalirvaflas. U ,a"thD,1zad raprciductlon ort311t:lbutlo:� alihls AIA' i�ncumont, e, any porllon of I, may ra ,rlt in ~ewer civll and csininal psi3vlt4as, and �._;; l ins prosY:,uter? to We Mmflmurn extant posMnI3 undsr the Irv' This document was produced by AIA software at 09:3=4:00 on 111191:2004 under Order No. 1000130965_1 which expires on 7/2212005, and is not for resale. User Notes: (37359n7806) #., Standard Form of Architect's Services; Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.4.2 beea the -A PEePa..�n4eFiediealF [ , ymResto e dates fe decisio qui d of Ike-9-wn lesiga s4: mob -the Ars! i c se tiet� of deeu E nd 6t § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to the Idaho Economic Advisory Council to rapres��review the Ovlaer-desi n intent ata roximatel 50% desi n cvm letion. § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B141 —1997 part 2. Copyright 0 1917, 1926, 1948, 1951, 1953, 1956, 1961, 1983, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Archilects. All rights reserved. WARNING: i his AlAs Docuri art 13 protected cry U.S. Copyrtr,;bt La_v arid Internacional Trea4laa, Unauthorized rsproduo§ion cr distrlbu:ion of thla A Ac Doournant, or any portlo;l of it, ra} racui, In severe C1,11l -arid criminal penaa3 as, and'ei i be rres=cu=t�d to the ma ,,inlum exisrst oassiaie 0n for Ilio ie3r}, This document wras produced by AIA software at 09:34.41 on 11/19/2004 under Order No.1000130965_1 which expires on 7/22!2005, and is not for resale. User Notes: (1066553116) § 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents .required for the approval of governmental authorities having jurisdiction over the Project. § 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 21.7.1. Prior torformin the services under this Agreement, the Architect assisted the Owner in Preparation of estimates for the scope of the Work. These preliminary estimates. shall serve as the estimates for the Project and may be adjusted a ro iatel as described in this Section 2.1.7. § 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section. 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. AIA Document B741w —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. 7WAJAi Cocum3rst fe �ratected by U.S. ConyrJgnt Lai � and T: esti ,. Uraulherizetl reproduction cr dlaWbutlan of titl, AJA.� DLcurnen", or ;Iny Por tlon of rt, imay rash Jn savare of sit a: d crl:rinal oanaltlL,, and ,�j l res 2 ?ecs�euty tc the ma;elmu oxtor�>. pa�s9 Je u,:der tai Ja r, This docurnent yeas produced by AIA software at 09:34:41 on 1 1/19M04 004 under Order No.1000130965-1 which expires on 7/2212005, and is not for resale. User Notes. (1 0665531 1 6) MOM 21.7.1. Prior torformin the services under this Agreement, the Architect assisted the Owner in Preparation of estimates for the scope of the Work. These preliminary estimates. shall serve as the estimates for the Project and may be adjusted a ro iatel as described in this Section 2.1.7. § 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section. 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. AIA Document B741w —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. 7WAJAi Cocum3rst fe �ratected by U.S. ConyrJgnt Lai � and T: esti ,. Uraulherizetl reproduction cr dlaWbutlan of titl, AJA.� DLcurnen", or ;Iny Por tlon of rt, imay rash Jn savare of sit a: d crl:rinal oanaltlL,, and ,�j l res 2 ?ecs�euty tc the ma;elmu oxtor�>. pa�s9 Je u,:der tai Ja r, This docurnent yeas produced by AIA software at 09:34:41 on 1 1/19M04 004 under Order No.1000130965-1 which expires on 7/2212005, and is not for resale. User Notes. (1 0665531 1 6) § 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shad include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating and appropriate recommendations. subsoil conditions, with reports ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. § 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2.4.2 SCHEMATIC DESIGN DOCUMENTS §-2-4.2:4The-ATGjaitepq Shall pfevide Sehematire-Die o calea reg b n [IIT.,c-ttvxis,—^l ne-K ei, �1�u6t�tiEg-t11E-56a-1�;39�#is9n8h�p-A�-tl;�F9j@s�sBf�pAH6#T'1'iB-�61if;matitr1�53:gH�9E�n�` E$n �............. i.,....,, uf�^^^^^•^`2; rmd pre4imhiaFy ba dz...r-tz�-�rFGIEt-'�S out •, ,P�rr'rrt��.civnelc'1•tiE-Beuments �3`�;��speesl=eisll@5; elEEmeder r a noted en Schematic Design Documents 1yepared by the Architect riar to the services under this Agreement. under se crate contract for assistance with ant application preparation. will establish the basis of desi n. § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. § 2.4.4 CONSTRUCTION DOCUMENTS § 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. ^ - �wE ,'77T rarr d. 40pyrt9r`1 U 1917, 1925, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Rmercan Institute of Architects. All rights reserved. 4YARNI:iG: Tref, AJA io :urranj 1, profz!cted 5y Ute, Copyright Law and Internsflonai Trawtl,,. UnoithorJ,-sd reoroduclion or dls,iftutlon of this AIA` t7ocuman , or any porilon e; it, may roauh in eaeera 671! and crir ,fl)s1 Panal lel, and WIJI t,u 0+osacuf rd to ti=c Mn%] stem ext -an, possib 0 `'sa tips law. This document was produced by AIA software at 09:34:41 on 1 111 91200 4 undar Order No.1000130965i which expires on 7!2212005, and is not for rasale. User Notes. (1066553116) § 2.4.4,2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES § 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. § 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. § 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 2.5.4 COMPETITIVE BIDDING § 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. § 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. § 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. § 2.5.5 NEGOTIATED PROPOSALS § 2.5.5.1 Rropo&al-Beet�>ents shaR eelisist ef prOOsal�egnir t �s �ndgleffia�tendipt Fc�tbuEse't l� h,.c vi ii•�13 h e..�y ..r _•.••, ••••R• Aan ••� •.••prva-acc-aasrrr T §.rip. . a b y a»r+pprn,,�.�aa��h� ids k R ri n GLd:' AIA Document B141 -M --1997 Part 2. Copyright 01917, 1926, 19A8, 7951, 1953, 1958, 1961, 1963, 1986, 7967, Y970, 1974, 1977, 1987 and 1997 try The Americans Institute of Architects. All rights reserved. 1'aA"?MH-a: T hlo AIA` Bc,vna113 i, pr01e01ed by U.S. Copytic:ht La,-dv and 3nte:najional Una+athxizod raPMduc;ion or di=,trlpulion of lhlz A}A� C,awnent, or ani+ pOr#?oa Of it. nay re;arft in save€e chill and criminal puna t: s, apc; L��il1 ce p reseoutvd fat w F,1ar_Irun e t :?t po aial� order try leis This document was produced by AIA soit•.vare at 09:34:41 on 11/19/2004 under Order No.1000130965_1 ivWch expires on 7IM2005, and is not for resale. User totes: (1086553116) § 2.5.5.5 ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION § 2.6.9.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of ALA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect and the Architge�Owner. § 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Section 2.8 .2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. § 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and e e�enabl3Lwiteld Architect_ § 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. § 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. § 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shah be made in writing within any time limits agreed upon or otherwise with reasonable promptness, § 2,6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. § 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.2 EVALUATIONS OF THE WORK § 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or AIA document BMW —1997 Part 2. Copyright ®1917,1926,:1M, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. Y`J�iiig33t;G his AJA'� �uLjin9 ;i is prwecied by U.S. CopyriD1, Lahr and lWornatlonai Traaitao. Unsutil.rizsd rcproducuon„ disiriEW10n of this AUS. Gcounlan" or any 4,iI� of l;, may result In ae✓ere 01,181 and crinln;ai panaillss, anal yiilt hW 5 ?3rC�Scufau to 1113 maximum eziont co:,Bhl„ �kmdsr l Vo law, This documan€ was produced by RIA software at 09:34:51 on 11/1912004 under Order No.1000130955_1 which expires on 7/2?12005, and is not for resale. User Notes - (1066,953116) continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.2.2 The Architect sball report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2-6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the WorIc is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum;. § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2.6.4 SUBMITTALS § 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise AIA Document B141'Td —1997 Part 2. Copyright 9 1917, 1926, 1948, 1951, 1953, 1956, 1961, 196663, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Insti#ute of Architects. All rights reserved. WARNING; This A$A2' pocune!nt 1, Prot Clad by US. Capyr_ght Le,: am International T,eztles, linaulharlxotl rvprcduWfian o; disIrlbullon of t ,12 AW; t : oumant, or ajyy portion c4 it, may resua In eavere ci vli and c1°Iminrl penaitles, anti vrill be 6 s reWevutsd to ? 2 ma t n r 3:c?nt possiblo ur=1=:r tls� 1a;- This document was produced by AIA software at 09:34:41 on 11119P2004 under Order No.1900180965_I which expires on 7122 2005, and is not for resale, user Notes: (1066553116) specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component § 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.5 CHANGES IN THE WORK § 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2. § 2.6.8.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. § 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. §,2.6.5.4 The Architect shall maintain records relative to changes in the Work. § 2.6.6 PROJECT COMPLETION § 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. § 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. AIA Document S141-313-1997 Part 2. Copyright 0 ]917, 1926, 1978, 1951, 1953, 1958, 1961, 1963, 1866, 1S67,1970, 1974, 1977, 1987 and 1997 by The American Ins€ittfto of Architects. All rights reserved. VJAM S1VG,, i hts AW Document is proleptad by u.s, copyrl2hi Lava ami Int, rm31iors31 Treaties. UnaU1hCT!aed rsproductlon or dlstribudon of tills AlA5 Documart, or any porll3n of it, may resut 1n Ca`iar? CILM and orlmin3l P�, naltlas, and wlil 1,a pzasc-u.ed to the rnazl,'num e :,3n; pa,^,s o!s undsr lh: l3w, TWs document was produced by AtA software at 09:34:41 on 1 1/1 9120 04 under Order No.1000130965_1 which expires on 7/2212005, and is not for resale. User Notes- (1 0565531 1 6) ARTICLE 2.7 FACILITY OPERATION SERVICES § 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. § 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to ]"Hake appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shaII be provided by the Architect as a Change in Services in accordance with Section 1.3.3: 1 up to Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. UP to Six ( b ) visits to the site by the Architect over the duration of the Project during construction. up to Two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents, up to Two ( 2 ) inspections for any portion of the Work to determine final completion. § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, Meld conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fare or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and malting subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. § 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service Description (Architect, Owner or Piot Provided .1 Programming Not Provided .2 Land Survey Services Not Provided .3 Geotechnical Services Not Provided .4 Space Schematics/Flow Diagrams Not Provided .5 Existing Facilities Surveys Not Provided .6 Economist Feasibility Studies Not Provided T Site Analysis and Selection Not Provided .8 Environmental Studies and Reports Not Provided 9Owner-Su plied Data Coordination I Architect AIA document B141 M -1997 Fart 2. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: Thl�D Ale Boo:imert is proter190 by U.S. CopyrIgizt Lsvi and Intern atlrnal t raailes. iin2uther1z4,d repreductlon or d:.;ibutlon of thls AW Dooumen?, cr any per117)n of it, may re;uit 19 gayer 2 e]vli and czim1nat penatilaa, and will be pimseizuta: to lh-3 maximum e:ttont pc�sl` to u :tsar tha kzu, This document vias produced by A]A sothvare at 09:34:41 an 11/19/2004 under order No.10001309a.5_1 which expires on 7/2212005, and is not for resale. User Notes: (10,36553116) Services Responsibility Location of Service Description (Architect, Owner or Piot Provided) .10 Schedule Development and Monitoring Not Provided .11 Civil Design Not Provided .12 Landscape Design Not Provided .13 Interior Design Not Provided .14 Speciaf Bidding or Negotiation Not Provided .15 Value Analysis Not Provided .16 Detailed Cost Estimating Not Provided .17 On -Site Project Representation Not Provided .18 Construction Management Not Provider! 19 Startup AssistanceNot Provided .20 Record Dramn s Architect see .20 below .21 Post -Contract Evaluation Not Provided .22 Tenant -Related Services Not provided .23 .24 .25 Description of Services. (Insert descriptions of the services designated)i .20 Architect shall provide one (1) copy of reproducible record drawings to the, Owner after project completion. ARTICLE 229 MODIFICATIONS § 2..9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: Not Applicable By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Dwn and Architect, AIA Document B141-1997, that was entered into by the parties as of the date: `/ 1% Printed nam an title)of WEy{ (Printed name and anh—ave,4 4, + �4- t�jF��� • LL ,� �3��4'M1 � �v AIA document 6141 Tu —1997 Part 2, Copyright m 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1957, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. Ail rights reserved. VJAgs ;NG: Thss AW nec,a nent la erotccrl €d by U.S. Copyrlght Lsvi and 3nternationJ TreatI �. Unauihorl? d raprcdu.ilon ar 1l::trlbution of t= is A!r ` Doeunlent. cr any p dlan of it, may roairt1 In anyaro 011M and crlminal ponaities, and Will L; p:c3ecratsd to tl:_ maxlrF Ur, xtsnt pcasibla undsr 4h: lu•;;. This document was produced by AIA so%vare at 09:34:41 on 1 1119P-004 under order No.1000130965_1 which expires on 7/2)2005, and is not for resale. User Notes: (1068553116) Certification of Document's Authenticity AIAII Document D409Tm — 2003 1, Scott M. Freeman, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 09:34:41 on 11/19/2404 under Order No. 1000130965 1 from AIA Contract Documents software and that in preparing the attached final document 1 made no changes to the original text of AIA° Document B 141Tht — 1997 Part 2 - Standard Form of Architect's Services: Design and Contract Administration, as published by the ALA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (lTtle) 141 VV &4 - (Dated) AIA Docurnent D401TIJ —2003. CopyrightC 1992 and 2003 by The Arnencan Institute of Architects. All rights reserved. WArR d3: ibis AJA" > oc rarer t is profact d by U.S. Copyd' Jri J_arr sr d Jr<?rnaJ, nal Trcz3le , Una t ariz d reproduction: or diatribudon of thi> AIA" Document, er nr acYi. may rzsu€i in e<avmD QN11 an:; c= MInal panalila3, and'"J'J t3 I3zos�,utWd to Iha rnas'Jmum ex'ar"' 1 a dY art c; il, by AIA software at 09:3041 on 1 i1t912004 under Order No.1€ 00130965-1 which expires on 712212005, and F is t forra ale � This document was produced User Notes: (106,355$116) tl. EXHIBIT A — HOURLY RATES FOR CHANGE IN SERVICES Additional services to be compensated on a time and materials basis will be performed as required and directed by the Owner as negotiated for a lump sum or :for hourly billing rates as follows: Architect: Electrical Engine Principal Architect $105.001hour Principal $ 95.001hour Project Architect $ 85.00/hour Project Engineer $ 85.001hour Intern ArchitectlJob Captain $ 75.001hour Design Engineer $ 75.001hour Drafter $ 55.00/hour Drafter $ 55.001hour Clerical $ 45.001hour Clerical $ 35,001hour Mechanical/Platmbina Enaineer Structural En inee Principal $ 95.001hour Principal $ 110.00171our ProjectEngineer $ 85.001hortr Project Engineer $ 90.001hour Design Engineer $ 65.001hour HIT II $ 65.001hour C 4DD Operator $ 50.00/12our CADD tech 1110ff ce Mgr. $ 50, 001hour Clerical $ 35.001hour Admin. Asst. $ 30.001hour EXHIBIT A — Houriy Rates page I Meridian Senior Citizen Center 11/19/04 Meridian, ID Design Professional: Attachment A Idaho Community Development Block Grant (ICDBG) Agreement Attachment between the Owner and Design Professiona 1) Time of Performance The Design Professional's schedule for preparing and delivering shall be as follows; 9 Draft Bidding Documents and Drawings for review by applicable regulatory agencies and Owner within 190 calendar days of the execution of the agreement between the Owner and Design Professional. 2) Design within Funding Limitations The Design Professional shall perform services required under this Agreement in such a manner so as to cause an award of a Construction Contract(s) that does not exceed 5144241. This fixed limit shall be called the Maximum Construction Contract Cost*. The amount maybe increased by the Owner, but only with written notice to the Design Professional. If the increase results in a change to the scope of work, an amendment to this Agreement will be required. The Design Professional and the Owner may mutually agree to decrease the Maximum Construction Contract Cost, but only by signing a written amendment to this Agreement. Should bids for the Construction Contract(s) exceed the Maximum Construction Contract Cost, the Owner has the right to require the Design Professional to perform redesigns, modify the drawing and specification as necessary, assist in the second bidding process as for the first bidding, to cause an award of the Construction Contract within the Maximum Construction Contract Cost without additional compensation or reimbursement. * total construction cost plus 10% contingency 3) Documents Incorporated by Reference The Owner's application to the Department for ICDBG funding, dated March_.. ay and all applicable federal and state statutes and regulations are incorporated into this contract. 4) Presentation to Idaho Economic Advisory Council The reasonable expenses of travel costs and presentation materials incurred by the Design Professional for the Economic Advisory Council presentation are considered reimbursable expenses not to exceed the maximum amount of $1,000. 5) Ownership of Document. All drawings, specifications, studies, and other material prepared under this contract shall be the property of the Owner and at the termination or completion of the Design Professional's services shall be promptly delivered to the Owner. The Design Professional shall have no claim for further employment or additional compensation as a result of exercise by the Owner of its full rights of ownership. It is understood, however, that the Design Professional does not represent such data to be suitable for re- use on any other project or for any other purpose. If the Owner re -uses the subject data without the Design Professional's written verification, such reuse will be at the sole risk of the Owner without liability to the Design Professional. 6) Act Superior Wherever provisions of the ICDBG Agreement Attachment are in conflict with the provisions of other forms of agreement or exhibits, the provisions of this attachment shall control and supersede. 7) Debarment The Design Professional by executing this contact certifies neither he/she nor any firm , corporation, partnership or association in which he/she has a substantial interest is designated as an ineligible firm by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5). 8) Reports and Information The Design Professional will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the Owner to ensure proper accounting for all project funds, both federal and non-federal shares. OThese records will be made available for audit purposes to the Owner or its authorized representative, and will be retained for three (3) years after the expiration of this contract. Exhibit N 112 t 9) Access to Records It is expressly understood that the Design Professional's records relating to this contract will be available during normal business hours for inspection by the Owner, the Department, the U.S. Department of Housing and Urban Development, the U.B. Comptroller General, Office of Inspector General, and, when required by law, representatives of the State of Idaho. 10) Employee -Employer Relationship The contracting parties warrant by their signature that no employer-employee relationship is established between the contractor and the Owner by the terms of this contract It is understood by the parties hereto that the Design Professional is an independent contractor and as such neither it nor its employees, if any, are employees of the Owner for purposes of tax, retirement system or social security (FICA) withholding. 11) Design Professional's Insurance The Design Professional warrants that it has obtained, and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance coverage for its principals and employees for the services to be performed hereunder. The comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least five hundred thousand ($500,000) per occurrence, and one million dollars ($1,000,000) aggregate. 12) Conflict of interest The Design Professional warrants that it presently has no interest and will not acquire any interest, direct or indirect in the ICDBG project that would conflict in any manner or degree with the performance of its services hereunder. The Design Professional further covenants that, in performing this contract, it will employ no person who has any such interest. Should any conflict of interest, as defined by the ICDBG Administrative Rules, arise during the performance of this contract, it will be disclosed and managed according to the ICDBG rules. 13) Modification. and Assignability of Contract This contract contains the entire agreement between the parties, and no statements, promises or inducements made by either party or agents of either party, that are not contained in the written contract, are valid or binding. This contract may not be enlarged, modified or altered except upon written agreement The Design professional may not subcontract or assign its rights (including right to compensation) or duties arising hereunder without the prior written consent of the Owner and the Idaho Department of Commerce. Any subcontractor or assignee will be bound by all of the terms and conditions of the Agreement. 14) Section 109 of the Housing and Community Development Act of 1974 The Design Professional will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of or be subjected to, discrimination under any program or activity funded in whole or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. 15) Section 3 of the Housing and Urban Development Act of 196$ The Design Professional will ensure that, to the greatest extent feasible, opportrmities for training and employment arising in connection with this ICDBG assisted project will be extended to lower income project area residents. Further, the Design Professional will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area in the award of contracts and purchase of services and supplies. 16) Minority Business Enterprise Consistent with the provisions of Executive Order 11246 and OMIT Circular A-102,Attachment O, the Design Professional will take affirmative steps to ensure minority businesses are used when possible as sources of supplies, equipment, and construction and services. Additionally, the Design Professional must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the Owner upon request 17) Nondiscrimination The Design Professional will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap or national origin. Exhibit N November 19, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT Mayor's Office ITEM NO. 6-.x.1 REQUEST Proclamation for Meridian White 1 l Year Olds Optimist Football Team 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: Contacted: Emailed: Date: Phone: JTQIi IrlllIC31>: Materials presented at public meetings shall become pmpertY of the City of Meridian. The Office of the Mayor PROCLAMATION WHEREAS, the City of Meridian commends the Meridian White I I year olds Optimist football team for having an outstanding season; and WHEREAS, this team and the Optimist Youth Football Program provides a positive impact for the youth of our community; and WHEREAS, it is important that the team receives recognition for their efforts and continuing contributions; and WHEREAS, the Mayor and City Council of the City of Meridian acknowledges the accomplishments of this team and their supporters; and THEREFORE, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Tuesday, November 23rd, 2004, as Meridian White 11 Year Olds Optimist Football Team Day in recognition for their championship of the MPC Bowl Junior League of the Boise Noon Optimist Youth Football Program and urge all citizens of this community to acknowledge their special accomplishments. Dated this 23rd day of November, 2004. � F " � " W, -N � M i. - E � Tammyillfeerd, Mayor Keith Bird, City Council Charlie Rountree, City Council Shaun Wardle, City Council Christine Donnell, City Council MERIDIAN WHITE AMERICAN CONFERENCE CHAMPIONS Junior League 10 Jake Adams 50 Hailey Randolph 12 Dallas Burroughs 55 Bill Chace 20 Austin Mendiola 60 Kevin Clay 22 Grant Labbe 61 Mitchell Hales 24 Jordan Deck 62 Dustin Faster 30 Brandon Winter 63 Drew Osburn 31 Trevor Leighton 64 Stven Chavez 32 Chase Place 70 Jordan Homan 33 Kyle Hansen 80 Cade Labbe 34 Brent Walter 81 Cody Martin 44 Tucker Elliott 88 Kyle Garvin Head Coach: Trace Leighton Assistant Coaches: Jeff Burroughs, Terry Leighton, Tim Johnson, Steve Elliott, John Homan 2404 Optimist Football Program Objectives • To provide a wholesome, enjoyable experience of football for boys and girls from 7 to 12 years of age while teaching the basic fundamentals of the game, teamwork, good sportsmanship, discipline and response to leadership. • To encourage the players to maintain satisfactory grades in school and to emphasize the importance of keeping a proper relationship and balance between scholastic and athletic endeavors. • To provide a satisfying, rewarding experience for coaches, sponsors and those persons administering the program through their relationship in teaching and working with the bogs and girls. • To provide a well -organized and implemented program that is appreciated and favorably received by the parents and the community. ® The program involves over 3,600 boys and girls playing football, over 300 girls in cheerleading, and 600 sponsors. In addition to the Boise community, teams from Meridian, Emmett, Horseshoe Bend, Kuna, Wood River, Mountain Home, Glenns Ferry, Nampa, Marsing, Garden Valley and McCall participate. • The program is administered by a Football Committee, comprised of members of the Boase Noon Optimist Club, and representatives from participating communities outside Boise. The Football Committee plans and implements the program under the guidance of the of the Board of Directors of the Boise Noon Optimist Club. The Optimist Creed Promise Yourself - To be so strong that nothing can disturb your peace of mind. To talk health, happiness and prosperity to every person you meet. To make all your friends feel that there is something in them. To look at the sunny side of everything and make your optimism come true. To think only of the best, to work only For the best, and to expect only the best. To be just as enthusiastic about the success of others as you are about your own. To forget the mistakes of the past and press on to the greater achievements of the future. To wear a cheerful countenance at all times and give every living creature you meet a smile. To give so much time to the improvement of yourself that you have no time to criticize others. To be too large for worry, too noble for anger, too strong for fear, and too happy to permit the presence of trouble. OPTIMIST INTERNATIONAL November 19, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING November 23, 2004 APPLICANT Mayor's Office ITEM NO. 6-A-2 REQUEST Update of Downtown Meridian Transportation Plan Public 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: I I /so A A/ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shalt become property of the city of Meridian. November 19, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. AZ 03-038 November 23, 2004 ITEM NO. 12 REQUEST Ordinance - Request for Annexation and Zoning of 21.38 acres from _ -- o C -G zones for proposed Mussel! Comer Subdivision northeast comer of East Victory Road,. and South meridian Kuna Highway AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: COMMENTS See aftached Ordinance SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ``� Contacted: _,L ,I�2-` � ..._ Date: /�Il �1 C� Phone: 7-77& Emailed: day�r�l � 111 G�c� �rrgif . 0 cw Staff Initials: Materials presented at public meetings shall become property of the City of Meridlan. CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 04- , passed by the City Council of the City of Meridian, on the ,23'n!f day ofi� , 2004, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridiani. �����t=►,�tstrt}trr�e. i' WILLIAM G. BERG, JW ° e, STATE OF IDAHO, ss. sx��►t�'t�. County of Ada, ) On this mrd day of Nvvem �u- , in the year ,�Coq , before me, rte' , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. �e1b°10E X'• S �OO b,. ••....°. �Ir ® 1�OTAR w (SEAL) • •. °• SUB I.1G C :� 1 Dr - (j I'• Z:\Work\M\Meridia0\Meridian.1 �S(3eoo �Z�510 �Aic for Idaho on Expires: !12�0v 0-7 Comer Sub AZ -03-038 AFP -03-007 CUP-03-0711CertiFicationOfCierkord.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -03-038 KEVIN Dmus JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. G[GRAY, 111 T. GUY HALLAM xx JILL S. HOLINKA JOHN R. Kottmiv IIK WILLIAM A. MORROW WILLIAL, F. NICHo[s *r William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 E FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL {208} 466-9272 FAN {208} 466-4405 July 14, 2004 CHRISTOPHER$, NYE PHILIP A. PETERSON TODDA. RossMAN TERRENCE R. WHITE *** * Also admitted in CA xx Also admitted in OR *** Also admitted in WA Re: Ordinance No. 04-Z/� (Tim J. Mussell and Carol M. Mussell) Summary Ordinance Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Tim J. Mussell and Carol M. Mussell pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours, Wm. F. Nichols Enclosure ZAWorkWWeridianlMeridian 15360"ussell Corner Sub AZ -03-038 PFP-03-007 CUP -03-07 RBerg Sum Ord Ilr 07 14 04.dcc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- 1//.3 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Tim J. Mussell and Carol M. Mussell, to be known as Mussell Corner Subdivision, consisting of 23.52 acres and commonly 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, with a zoning designation of C -G General Retail and Service Commercial; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. LEGAL DESCRIPTION MUSSELL CORNER SUBDIVISION A parcel of land for the purpose of annexation, as shown on Record of Survey 3523 and recorded as Instrument Number 96033828, located in a portion of the SW % of the SW % of Section 19, Township 3 North, Range I East, Boise :Meridian, Ada County, Idaho and more described as follows: Commencing at an aluminum cap monument marking the NW corner of said SW '/, thence along the West line of said SW % S00°55'37" W a distance of 1330.53 feet to a 5/8 inch rebar marking the NW corner of said SW % of the SW % and being the POINT OF BEGINNING. Thence leaving said West line S89059'45" E a distance of 232.00 feet to a 518 inch rebar; Thence along the are of a curve to the left having a radius of 655.00 feet, an are length of 438.43 feet, a central angle of 38°21'02", and a chord bearing S3 I ° 17'57" E a distance of 430.29 feet to a 518 inch rebar; Thence S50028'28" E a distance of 558.77 feet to a 5/8 inch rebar; Thence S53°05'22" E a distance of 285.31 feet to a 5/8 inch rebar on the East line of said SW % of the SW '/; Thence along said East line S00°46' 12" W a distance of 435.31 feet to a 5/8 inch rebar marking the SE corner of said SW % of the SW %; Thence leaving said East line and along the South line of said SW % of the SW S89°59'08" W a distance of 1130.34 feet to an aluminum cap monument marking the SW corner of said SW % of the SW %; Thence Ieaving said South line and along said West line N00°55'37" E a distance of 1330.37 feet to the POINT OF BEGINNING. Said parcel contains 23.52 acres more or less and is subject to all existing easements and rights -of -ways of record or ianpiicd. 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 �3 day ofydi�C<-r,.,� 2004. Crr 4CityofridianBEAL City Council By: William G. Berg, Jr., City Clerk %,` First Reading: fJ_ 23 �� �`'��, ,.t°` Adopted after first reading by suspension of they 'as ;allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: -- Third Reading: —� Z:1WorkWWeridian\Meridian 15360M1Mussell Comer Sub AZ -03-038 PFP-03-007 CUP-03-0711SUMANNEXZONCORD.dor KEVIN DPIIUs JULIE KLEIN I'ISCHER CHRISTOPHER D. GA©DERT WM. F. GIGRAY, III T. Gln HALLAM ** JILL S, HOLINKA JOHN R. KoRMANIK WILLGIM A. MORROW WILLIAM P. NICHOLS ** William G. Berg, Jr. City of Meridian 33 E.Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAx (208) 4664405 July 14, 2004 CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE-+tt * Also admitted in CA ** Also admitted in OR ++. Also admitted in WA Re: Ordinance No. 04- /113 (Tim J. Mussell and Carol M. Mussell.) Summary Ordinance Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Tim J. Mussell and Carol M. Mussell pursuant to the City's action. I do hereby advise the City, and make this statement', that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Ve*Nic W Enclosure ZAWork\MWeridian\Meridian 15360M%4ussell Corner Sub AZ -03-038 PrP -03-007 CUP -03-07 I \Berg Sum Ord Ur 07 14 04.dm ARA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOI$E IDAHO 03:08 PM �1l DE UTY Bonnienie Ober Oberbillig l 1! 111 l I { l aE ORDED-REQUEST OF 104153421 M1dian City CITY OF MERIDIAN ORDINANCE NO. 04- 1113 AN ORDINANCE FINDING THAT, TIM J. MUSSELL AND CAROL M. MUSSELL, HUSBAND AND WIFE, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF KUNA-MERIDIAN ROAD (SH 69) AND VICTORY ROAD, WITHIN SECTION 19, TOWNSHIP 3 NORTH, RANGE I EAST, MERIDIAN, IDAHO, TO BE KNOWN AS MUSSELL CORNER SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED 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 owners of said Property, to -wit: ANNEXATION AND ZONING ORDINANCE (AZ -03-038 -1 LEGAL DESCRIPTION MUSSELL CORNER SUBDIVISION A parcel of land for the purpose of annexation, as shown on Record of Survey 3523 and recorded as Instrument Number 96033828, located in a portion of the SW % of the SW % of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more described as follows: Commencing at an aluminum cap monument marking the NW corner of said SW %, thence along the West line of said SW % S00°55'37" W a distance of 1330.53 feet to a 5/8 inch rebar marking the NW corner of said SW '/ of the SW % and being the POINT OF BEGINNING. Thence leaving said West line S89°59'45" E a distance of 232.00 feet to a 5/8 inch rebar; Thence along the arc of a curve to the left having a radius of 655.00 feet, an are length of 438.43 feet, a central angle of 38'21'02", and a chord bearing S31°17'57" E a distance of 430.29 -feet to a 5/8 inch rebar; Thence S50°28'28" E a distance of 558.77 feet to a 5/8 inch rebar; Thence S53°05'22" E a distance of 285.31 feet to a 5/8 inch rebar on the East line of said SW of the SW %; Thence along said East line S00°46' 12" W a distance of 435.31 feet to a 5/8 inch rebar marking the SE corner of said SW % of the SW %; Thence leaving said East line and along the South line of said SW % of the SW S89°59'08" W a distance of 1130.34 feet to an aluminum cap monument marking the SW corner of said SW % of the SW 1/; Thence leaving said South line and along said West line N00°55'37" E a distance of 1330.37 feet to the POINT OF BEGINNING. Said parcel contains 23.52 acres more or less and is subject to all existing easements and rights -of -ways of record or implied. ,SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C -G). ANNEXATION AND ZONING ORDINANCE (AZ -03-03$ - 2 S ECTION 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 f of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 17 day of Ahlke,6-&z., 2004, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to - wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ -03-038 - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z day of Ot/'O/M&V , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this z day of 0&n 2004. ATTEST: ATTEST: CITY CLERK First Reading: It'-,?- Adopted t'-,Adopted after first re 902 Yes: x Second Reading: --- Third Reading: STATE OF IDAHO,) . ss. County of Ada ) Rule as allowed pursuant to Idaho Code 50 - On this day ofWo �,e,_ , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0a1b lull C Pi oil,, • `I (SEAL) o�AR TfStD AR PUBLIC .FOR IDAHO a �; • G AT:r,,p • G MMISSION EXPIRES: Q ,� ZAWorklMlMeddiaWA�A'tdQi �j/Q6QLL�dA'1j�s*S}ell�4Sorner Sub AZ -03-03$ PFP-03-007 CUP-03-07AAZOrd.doc ANNEXATION AND ZONING ORDINANCE {AZ -03-038 - 4 Dec 29 03 02c51p r— 0 Pinnacle Engineers, Inc. 208-897-7781 c 1/4 24 19 C dF 110, ""971111MUSSEL CORNER SUBDIVISION Soo. 55.37 1330.53" ANNEXATION LEGAL A PORTION OF THE Sift/4 OF THE SFI/4 OF SECi'ION 19 TOWNSW 3 NORTH. RANGE 1 EAST, BOISE MERIDEAN 588'59'45"E 232.0o'O ADA COUNTY, IDAHO — � 2003 A � I � I SCALE. 1 " — 200' z \ E 4 M M � W r n to r CURVE TABLE I NUM1ABER LEIVG7H RAD1U5 DELTA TANGENT C1iQRD CHUHp BRG C3 z ij C1 438.43' 655.D0' 3B'21'd2" 227.78' 430,29' 533'17`57"E J r r I I 2419 25 30 CF&F NO, 9$497D9 — DETAIL FILENAME: C035202ANfNEX.dwg CREATION DATE: DECEMBER 03 LEGEND - - — BOUNDARY LINE M SECTION LINE �m LOT LINE ALUMINUM CAP I� 7 FOUND 5/8" REBAR lin I I ICTORY ROAD se9'59'08"w 1130,34' PINNACLE Engineers, Iric_ X 152 W, �-mlfve Or:, SyFIe E. Bona, Idoho 83713 (208) 887-7760 DRAWN BY: PMH CHECKED BY: KNS P.3 w TX C 2MATION REPORT ** AS OF NOU 24 '041:. .2 PAGE.01 CITY OF MERIDIAN Revised 11-23-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers 1- Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _X Mayor Tammy de Weerd 2- Pledge of Allegiance: (�p�-dam Y56,4 1 Zlev,-,, 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: pre_w, +c.e 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: B. Approve Minutes of November 3, 2004 Pre -Council Meeting:,�,,,,,� C. Approve Minutes of November 3, 2004 City Council Regular Meeting: „th„D „ti, D. Approve Minutes of November 9, 2004 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: PP 04. 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Corporate Park No. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel— 929 South Industry Way: aj9?,rve F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park 11 Fairview Lakes by Fairview Lakes, LLC — 824 East Fairview Avenue: 47,r rw Meridian City Council Agenda—NoVcmbLT23, 21704 Page 144 Al! mstcrials pmscnred at public mmsinrs shall becomepropaty of rhe City orMedd". Anyone desiring accommodation fardiubilidcs relatod to doewwas andfarhnrings pleue epnUct the CityCltrk's OlTt. at U94433 10casl 48 huuv prinrto the public rUcting. DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 14 11/24 13:39 3810160 EC --S 02'1B" 005 225 OK 15 11/24 13:42 PUBLIC WORKS EC --S 01'21" 005 225 OK 16 11/24 13:44 2088840744 EC --S 01'22" 005 225 OK 17 11/24 13:46 POLICE DEPT EC --S 07.'20" 005 225 OK 18 11/24 13.48 8985501 EC --S 01'19" 005 225 OK 19 11/24 13:50 LIBRARY EC --S 01'45" 005 225 OK 20 11/24 13:52 92083776449 EC --S 01'19" 005 225 OK 21 11/24 13:54 3886924 EC --S 01119" 005 225 OK 22 1124 13-56 20138886854 EC --S 01119" 005 225 OK 23 11/24 13157 208 895 0390 EC --S 01'19" 00S 225 OK 24 11/24 13:59 128300040 G3 --S 01'47" 005 225 CK 25 11/24 14:02 208 3B7 6393 EC --S 01'24" 005 225 OK 28 11/24 14:03 ADA CTY DEVELMT EC --S 01'20" 005 225 OK 27 11/24 14:06 8965052 EC --5 01'19^ 005 225 OK 28 11/24 14:07 CHERRY LANE O3 --S 02'56" 005 225 OK 29 11/24 14:11 POST OFFICE EC --S 02'17" 005 225 OK 30 11/24 14:14 ID PRESS TRIBUNE EC --S 01'20" 005 225 OK 31 11/24 14:16 20888e6701 EC --S 01119" 005 225 OK 32 11/24 14:21 20134664405 EC --S 01'19" 005 225 OK Revised 11-23-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers 1- Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _X Mayor Tammy de Weerd 2- Pledge of Allegiance: (�p�-dam Y56,4 1 Zlev,-,, 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: pre_w, +c.e 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: B. Approve Minutes of November 3, 2004 Pre -Council Meeting:,�,,,,,� C. Approve Minutes of November 3, 2004 City Council Regular Meeting: „th„D „ti, D. Approve Minutes of November 9, 2004 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: PP 04. 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Corporate Park No. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel— 929 South Industry Way: aj9?,rve F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park 11 Fairview Lakes by Fairview Lakes, LLC — 824 East Fairview Avenue: 47,r rw Meridian City Council Agenda—NoVcmbLT23, 21704 Page 144 Al! mstcrials pmscnred at public mmsinrs shall becomepropaty of rhe City orMedd". Anyone desiring accommodation fardiubilidcs relatod to doewwas andfarhnrings pleue epnUct the CityCltrk's OlTt. at U94433 10casl 48 huuv prinrto the public rUcting. ** TX CONFIRN...tON REPORT * AS OF NOU 24 'k,,l 14=33 PAGE, 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 11/24 14:23 6941159 EC --S 01'20" 005 225 OK 02 11/24 14=33 IDAHO ATHLETIC C ----S 00'00" 000 225 BUSY THIS DOCUMENT IS STILL IN MEMORY Revised 11-23-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers I. Roll -call Attendance: 3EShaun Wardle Christine Donnell Charlie Rountree Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: C��►-d - / t'r - 77 -eve - 3. 7 -eve -3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: !n'e54,*cw_ 4. Adoption of the Agenda: a�m►�.as�ur•s{�L S. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: ZjP1kV0v B. Approve Minutes of November 3, 2004 Pre -Council Meeting: ,,. C. Approve Minutes of November 3, 2004 City Council Regular Meeting: A,��v,,, D. Approve Minutes of November 9, 2004 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: PP 04- 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Vallev Corporate Park No. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel - 929 South Industry Way: 47;- , oc_ F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park Il Fairview Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue:,,,e,," MuridianCiwCnuncilAgciida—Novcmbsa23,20D4 Page Iof4 All =teriats pressured at public mcetinga shall become property of tite City or Mar dian, Anyone desiring accommodation fordisabilhics related to docosnenls andlar heatrings i please concoct the City Clerk's OrFiec nt 888-4433 at least 48 hours prior to the public meeting. & R_L?cLk c, 't\I U r_-1 a. - i honlei 11 r CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers I. Roil -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rhodes, with Meridian Vineyard Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: B. Approve Minutes of November 3, 2004 Pre -Council Meeting: C. Approve Minutes of November 3, 2004 City Council Regular Meeting: D. Approve Minutes of November 9, 2004 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: PP 04- 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Corporate Park No. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park it Fairview Lakes by Fairview Lakes, LLC — 824 East Fairview Avenue: Meridian City Council Agenda — November 23, 2004 Page 1 of 4 All materials presented at public meetings shalI 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. G. Findings of Fact and Conclusions of Law for Approval: CUP 04-029 Request for a Conditional Use Permit for a daycare facility for 30 to 40 children in an R-8 zone for Condra Steeves Daycare Center by Condra and Donald Steeves — 1258 East Cougar Creek Drive: H. Findings of Fact and Conclusions of Law for Approval: RZ 04- 011 Request for a Rezone of 9.16 acres from R-8 to C -C zone for Cairns Crossing Subdivision by Landmark Engineering and Planning, Inc. -- south of West Cherry Lane and east of Linder Road: I. Findings of Fact and Conclusions of Law for Approval: PP 04- 033 Request for Preliminary Plat approval of 11 commercial building lots on 9.16 acres in a proposed C -C zone for Cairns Crossinq Subdivision by Landmark Engineering and Planning, Inc. — south of West Cherry Lane and east of Linder Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 04. 025 Request for Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna Woods Subdivision No. 1-7 and NEC of EasEdinbut McMillan lla laceSubdivision and No. 1-2 by the City of Meridian — d North Locust Grove Road: K. Development Agreement: 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: L. Resolution No. Amendment to the SOP Manual for Administrative Leave: M. Change Order No. 2 for the Headworks Ex ansion Pro-ect: N. Joint CRY of Meridian 1 Ada C2Y_nty Highway District gas reeme r"' Roadway „Construction 1 Sewer & Water Line O. Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer: P. Franklin Road Waterline Easement: Meridian City Council Agenda —November 23, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 6. em Q. Well 26 Test Well Security Enclosure Change Order #1 -- Hydro Logic: R. Well 27 Design,, Contract with Civil„ Survey: S. Well 25 SCADA Installation: T. Water Main Easement for Farmers and MerchantsState Bank: U. Award of Bid for Black Cat Trunk Sewer Phase 1 to Bodiford Construction for $2,869,919.60: V. Meridian Senior Citizen Center Remodel Architect's Service A reement with Johnson Architects: Department Reports: A. Mayor's Office 1. Proclamation for Meridian White 11 Year Olds Optimist Football Team: 2. Update of Downtown Public Meeting: (Items Moved from Consent Agenda) Meridian Transportation Plan 8. Tabled from November 9, 2004: FP 04-067 Request for Final Plat approval of 56 single-family residential and office building lots and 6 common lots on 18.94 acres in R-4, R-8 and L -O zones for Larkspur Subdivision by Larkspur, LLC — 2090, 2190 & 2240 South Meridian Road: 9. Tabled from November 16, 2004: FP 04-070 Request for Final Plat approval of 40 single-family residential building lots and two common lots on 10.32 acres in an R-8 zone for Roseleaf Subdivision No..2 by Liberty Development, Inc. — 3615 South Locust Grove Road: 10. FP 04-071 Request for Final Plat approval for 16 single-family residential building lots and two common lots on 3.65 acres in an R-8 zone for Castlebrook Subdivision No. 4 by Liberty Development, Inc. -- 4000 West Pine Avenue: 11. Public Hearing: ZOA 04-002 Request to amend the text in the Landsca a Ordinance (MCC 12-13-7-8) to include gravel / rock as acceptable mulch in commercial landscape areas for Wenco, Inc.: Meridian City Council Agenda -- November 23, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 12. Ordinance No. 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: Meridian City Council Agenda —November 23, 2004 Page 4 0£4 All materials presented at public meetings shall become property of the City oPMeridian, 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, i' TX CONFIRh€ri€ ION REPORT ** DATE TIME TO/FROM 04 11/19 17:1? 12084564405 07 11/19 1722 2088856701 11 11/19 17:25 ADA CTY DEUELMT AS OF NOU 19 ('04 17=26 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC POS CMD# STATUS EC --S 01'07" 004 196 OK EC --S 01'05" 004 196 OK EC --S 01'06" 004 196 OK i LOS1 L. K& t`& C-1 IVUu.1 _-' }nlnlel CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2- Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rhodes, with Meridian Vineyard Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: 13. Approve Minutes of November 3, 2004 Pre -Council Meeting: C. Approve Minutes of November 3, 2004 City Council Regular Meeting: D- Approve Minutes of November 9, 2004 Pre -Council Meeting: E• Findings of Fact and Conclusions of Law for Approval: PP 04. 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Vail Corparata Park No, s, This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park II lFairview Lakes by Fairview Lakes, LLC — 824 East Fairview Avenue: MezidisnCiryConncilAgcntila—Novcmbcr23,2OD4 Pa90af4 Al) materials prescnLtd at public meetings shall become proportyoftlre Cily orMcridian. Anyone desiring acennvnodalioo rardisabiliUm related to documenz and/or ht uings ptcasc coillact the City Clerk's 0fr1ce at 863-9433 at least 48 hours priorto the public illeeting. ** TX C, ?NATION REPORT* AS OF NOL) 19 '04€'- .13 PAGE.01 CITY OF MERIDIAN CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers 1. Rolt-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rhodes, with Meridian Vineyard Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: B. Approve Minutes of November 3, 2004 Pre -Council Meeting: C. Approve Minutes of November 3, 2404 City Council Regular Meeting: D- Approve Minutes of November 9, 2084 Pre -Council Meeting: E, Findings of Fact and Conclusions of Law for Approval: PP 04. 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Cor prate Park Na. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park !1 Fairview Lakes by Fairview Lakes, LLC — 824 East Fairview Avenue: Mendian Cip'Councit AEcnda—Nuvmbcr23,2Qp4 Pngci of4 All material, presaaW at public meetings stall become p:opcny o!'ihe City or mcridica. Anyoae desiring accommodation furdisabiGua related To dL%c= msaad(or kcarings pfeasaeontsct the L'iry Clerk's Office a 6664433 al leaf 48 heun puerto the pu6fic mtltinb. DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 16 11/19 16:41 3810160 EC --S 01'52" 004 195 CK 17 11/€9 16:43 PUBLIC WORKS EC --S 01105" 004 196 CK 18 11/19 16:46 BB41159 EC --S 01'05" 004 196 OK 19 11/19 16:48 228SB40744 EC --S 01'09" 004 196 OK 20 11/19 16:49 POLICE DEPT EC --S 01'06" 004 196 OK 21 11/19 16:51 8985501 EC --S 01'04" 004 195 CK 22 11/19 16:52 LIBRARY EC --S 01'24" 004 196 CK 23 11/19 16254 92083776449 EC --S 01'05" 004 196 OK 24 11/19 16,56 3886924 EC --S 01'06" 004 196 OK 25 11/19 18 58 2068886854 EC --S 01'05" 004 196 OK 26 11/19 16:59 208 895 0390 EC --S 01'05" 004 196 OK 27 11/19 17.01 1283WO40 03--S 01'28" 084 196 OK 28 11/19 17:03 2S8 387 5393 EC --S 01'18" 004 196 OK 29 11/19 17105 8885052 EC --S 01'05" 004 196 OK 30 11/19 17:07 CHERRY LANE G3 --S 02'23" 004 196 CK 31 11/19 17:10 IDAHO ATHLETIC C EC --S 01'05" 004 196 CK 32 11/19 17:12 ID PRESS TRIBUNE EC --S 01'06" 004 196 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers 1. Rolt-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rhodes, with Meridian Vineyard Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 12, 2004 Pre -Council Meeting: B. Approve Minutes of November 3, 2004 Pre -Council Meeting: C. Approve Minutes of November 3, 2404 City Council Regular Meeting: D- Approve Minutes of November 9, 2084 Pre -Council Meeting: E, Findings of Fact and Conclusions of Law for Approval: PP 04. 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Cor prate Park Na. 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Park No. 6 by Steve Wensel — 929 South Industry Way: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park !1 Fairview Lakes by Fairview Lakes, LLC — 824 East Fairview Avenue: Mendian Cip'Councit AEcnda—Nuvmbcr23,2Qp4 Pngci of4 All material, presaaW at public meetings stall become p:opcny o!'ihe City or mcridica. Anyoae desiring accommodation furdisabiGua related To dL%c= msaad(or kcarings pfeasaeontsct the L'iry Clerk's Office a 6664433 al leaf 48 heun puerto the pu6fic mtltinb. * TX (L RMATION REPORT K* AS OF: NOV 19 '04 `i 9 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC POS CMDH STATUS 01 11/19 17 14 3810160 EC --S 00137" 001 197 OK 02 11/19 17:15 PUBLIC WORKS EC --S 00125" 001 197 OK 03 11/19 17:16 12084664405 EC --S 00126" 001 157 OK 05 11/19 17:16 8841159 EC --S 00126" 001 197 OK 06 11/19 17:20 2088840744 EC—S 00126" 001 197 OK 08 11/19 17:22 POLICE DEPT EC --S 00125" 001 197 OK 09 11/19 17:23 8995SO1 EC --S 00'25" 001 197 OK 10 11/19 17:24 LIBRARY EC --S 00'31" 001 197 OK 12 11/19 17:27 92083776449 EC—S 00'26" 001 197 OK 13 11/19 17:2e 3686924 EC --S 00'26" 001 197 OK 14 11/19 17:29 208%e6854 EC --S 00'25" 001 197 OK 15 11/19 17:30 20e 895 0390 EC --S 00'25" 0131 157 OK 16 11/19 17:31 128300040 G3 --S 00'29" 001 197 OK 17 11/19 17:32 208 387 6393 EC --S 00'26" 001 197 OK 16 11/19 17:33 ADA CTY DEVELMT EC --S 00125" 001 197 OK 19 11/19 17:34 8885052 EC --S 00126" 001 197 OK 20 11/19 17:35 POST OFFICE EC --S 00136" 001 197 OK 21 11/19 17:36 IDAHO ATHLETIC C EC --S 00126" 001 197 OK 22 11/19 1737 ID PRESS TRIBUNE EC --S 00125" 201 197 OK 23 11/19 17:38 2088886701 EC --S 00125" 001 197 OK --------------------'---'---------------------__-------------------------------------------`-- MA MAYOR Tavuny do Weerd CH't COUNCIL MEMSERS NOTICE OF PRE -COUNCIL MEETING William L. M. Nary Keith Mid Charles M. Rountree Shaun Wardle MERIDIAN CITY COUNCIL CITY DEPARTMEN-,S NOTICE IS HEREBY GIVEN that the City Council of the City of Fire 540 P. Franklin Road 888.12341iax 895-0390 Meridian will hold a Are -Council Meeting at City Council Chambers, Parl;,a k Recrtation Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, 11 E. Bower Street 888.35791f— 898-5501 November 23, 2004 at 6:00 P.M. The Meridian City Council will be Plawlin8 &- Zoning 660 F. Watertower Lane discussing agenda items which are on the regular scheduled City Council Sulu 202 884-5533/fax 888-6854 meeting as well as the following issue: Police 1401 L. Watertower lane — Finance Report 886-66781 fax 846.7366 Public Works -- Discussion of Storm Water Drainage Pond Landscaping 66€1 E. Watertower Lane Site 200 — Executive Session per Idaho State Code 67-2345(f)(d) 898-55001 fax 898.9551 - Building The public is welcome to attend the meeting, 660 E. Watertower t,ane Suite 150 887.2211 /fax 687.1297 M1tSttµ.� is l[ntur4 r'' - Sewer {WWTPINT 9 3401 N. Ten Mile [toad DATED this 19th of November, 2004.zPo Fa �, 888-2193/fax 8s11-0744 water - SEAL _ 2235 N. W. 6t1i Street'` -f r o� 8555242/fax 880-1359 WILLIAM G. BEf2G, J V 4 0 CITY HALL 33 EAST IDAIIO AVENJ)J MERIDIAN. IDAHO 83642 1208} 888-11,433 rill c:i.r:ilx-Nty 689.4218 nuuAN ne,nen r..s-rex S8;-8723 rm,tnct: t: tn'11.11 ou.uNa-rt': 887.4813 tinlnl{S OFFICE -FAN 884.611}1 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE } APPLICATION OF LIBERTY ) DEVELOPMENT, INC. FOR ) APPROVAL OF 40 SINGLE- ) FAMILY RESIDENTIAL BUILDING } LOTS AND 2 COMMON LOTS ON ) 10.32 ACRES IN AN R-8 ZONE ) LOCATED AT 3615 SOUTH ) LOCUST GROVED ROAD IN THE } NE 1/ OF T. 3N., R 1E., SECTION 30 j } CIC November 23, 2004 CASE NO. FP -04-070 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on November 23, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: November 23, 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: I . The Final Plat of "PLAT SHOWING ROSELEAF SUBDIVISION NO.2 LOCATED IN THE NE % OF T. 3N., R. 1E., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, BAILEY ENGINEERING, INC.., HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROSELEAF SUBDIVISION NO. 2 / (FP -04-070) Page I of 4 DATE: 10/13/04, SHEET I OF 3, BAILEY ENGINEERING, INC.", Liberty Development, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and John Boyd, Engineering Technician 11 for the Public Works Department, dated: Hearing Date: November 23, 2004, listing 16 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 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 additional requirements from the action of the Council taken at their November 23, 2004 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROSELEAF SUBDIVISION NO. 2 / (FP -04-070) Page 2 of 4 State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997, 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has bcen issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight(28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROSELEAF SUBDIVISION NO.2 / (FP -04-070) Page 3 of 4 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�� day of --Nov, 2004. 4 Attest: Meridian . - REAL w -,, r William G. Berg, Jis; r., ity erk �A .. op Copy served upon Applicant, the Planning�r ng Department, Public Works Department, and City Attorney. By. City Clerk's Office Dated: _ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROSELEAF SUBDIVISION NO. 2 / (FP -04-070) Page 4 of 4 V NL - , "suse CITY HALL (208) 888-4433 Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 — Fax 898-9551 LEGAL DEPARTMENT (208) 888-4433 — Fax 887-4813 STAFF REPORT: Hearing Date: November 16, 2004 To: Mayor, City Council and Planning & Zoning Commission /I From: Sonya Allen, Assistant City Planner' John Boyd, Engineering Tech. II Q Re: Roseleaf Subdivision No. 2 Request for Final Plat Approval of 44 Single-family Residential Building Lots and 2 Common Lots on 10.32 Acres in an R-8 Zone for Roseleaf Subdivision No. 2, by Liberty Development, Inc. (File No. FP -04-070) We have reviewed the above -[referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Liberty Development, Inc., has requested final plat approval for the second and last phase of Roseleaf Subdivision. The subdivision is located at 3615 S. Locust Grove Road in the NE '/ of Section 30, T.3N., R.IE. This phase consists of 44 single-family residential building lots and 2 common area lots on 10.32 acres in an R-8 zone. The gross density is approximately 4.3 dwelling units/acre. The net density is approximately 5.3 dwelling units/acre. The common area lots within the subdivision consist of landscape, open space, and drainage lots and will be owned and maintained by the Homeowner's Association. The pressurized irrigation system within this development will also be owned and maintained by the Homeowner's Association. Staff finds that the submitted final plat substantially complies with the approved preliminary plat. Exhibit "A" MAYOR -` Tammy de Weerd Ci*rY of _ CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle IDAHO Charles M. Rountree y. V NL - , "suse CITY HALL (208) 888-4433 Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 — Fax 898-9551 LEGAL DEPARTMENT (208) 888-4433 — Fax 887-4813 STAFF REPORT: Hearing Date: November 16, 2004 To: Mayor, City Council and Planning & Zoning Commission /I From: Sonya Allen, Assistant City Planner' John Boyd, Engineering Tech. II Q Re: Roseleaf Subdivision No. 2 Request for Final Plat Approval of 44 Single-family Residential Building Lots and 2 Common Lots on 10.32 Acres in an R-8 Zone for Roseleaf Subdivision No. 2, by Liberty Development, Inc. (File No. FP -04-070) We have reviewed the above -[referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Liberty Development, Inc., has requested final plat approval for the second and last phase of Roseleaf Subdivision. The subdivision is located at 3615 S. Locust Grove Road in the NE '/ of Section 30, T.3N., R.IE. This phase consists of 44 single-family residential building lots and 2 common area lots on 10.32 acres in an R-8 zone. The gross density is approximately 4.3 dwelling units/acre. The net density is approximately 5.3 dwelling units/acre. The common area lots within the subdivision consist of landscape, open space, and drainage lots and will be owned and maintained by the Homeowner's Association. The pressurized irrigation system within this development will also be owned and maintained by the Homeowner's Association. Staff finds that the submitted final plat substantially complies with the approved preliminary plat. Exhibit "A" Mayor & City Council Hearing Date: November 16, 2004 Page 2 of 5 Staff recommends approval of Rose.leaf Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC RE UIREMENTSIFINAL PLAT 1. Applicant shall meet all terms of the approved Annexation and Zoning (AZ -04-002) and Preliminary Plat (PP -04-001). 2. The pressurized irrigation system within this development is to be owned and maintained by the Roseleaf Homeowners Association. The development lies within the Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the domestic water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 3. Sanitary sewer service to this site shall be via mainline extension from existing mains installed as part of the Roseleaf Subdivision No.1 development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Any applicable latecomer fees shall be paid prior to signature on the final plat by the Meridian City Engineer. 4. Municipal water service to this site shall be via mainline extension from existing mains installed as part of the Roseleaf Subdivision No.1 development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. 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. 6. Include recording information on the face of the plat for Tuscany Village Subdivision to the north of the subject property. 7. All fencing must be in compliance with MCC 12-4-10. Perimeter fencing for this phase must be installed prior to release of building permits. 8. Complete the Certificate of Owners and its accompanying Acknowledgement. 9. Please revise the Landscape Plan as follows: a. Revise notes regarding fencing around common areas to read, "Solid 4' high FP -04-070 Exhibit "A" Roseleaf Sub2 FP,doc Mayor & City Council Hearing Date: November 16, 2004 Page 3 of 5 eed vinyl fence ' f . „' to be provided by developer" biiilder- er- ,. e , per Findings of Fact and Conclusions of Law (FF/CL) Site Specific Condition No. B.3. (pg. 5) and U. (pg. 15). b. Lot 14, Block 5 is shown on the plat as containing an ACHD storm drainage system. If drainage swales are proposed, please show contours. If underground seepage beds are proposed, please show location and size. C. Indicate that the pathway shown through Lot 14, BIock 5 will be paved. Three copies of the revised landscape plan must be submitted to the Planning & Zoning Department prior to signature on the final plat. 10. Please revise the following plat notes: (4.) Include Lot 14, Block 5 as a common lot (7.) Delete note 11. Add the overall distance from the North 16th Corner to the "Real Point of Beginning". 12. Several of the bearings shown along the Easterly Boundary do not match the bearings shown in the Legal Description. Please correct the PIat Dimensions or the Legal Description so they match one another. 13. Revise the easements at the Northerly Boundary to show 1I' instead of 10' to allow extra width for gravity and pressure irrigation (5' beyond centerline of pipe). 14. Revise the side lot line easement on the north side of Lot 6, BIock 7 to show 8' instead of 5' to allow extra width for pressure irrigation lines. 15. Revise the side lot line easement on the south side of Lot 16, Block 5 to show 7' instead of 5' to allow extra width for pressure irrigation lines. 16. Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL „REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. FP -04-070 Exhibit "A" Roseleaf Sub2 FP.doc Mayor & City Council Hearing Date: November 16, 2004 Page 4 of 5 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. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro -paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two -Hundred -fifty watt (250w) and One -Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 5. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would. sit atop fill material. 6. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7 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. 8. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 9. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five -foot -wide (four feet if detached) walkway pathway without encroachment of mailbox structures. 10. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. No building pen -nits shall be issued within the development until a final plat has been recorded for this subdivision. FP -04-070 Exhibit "A" Roseleaf Sub2 FP.doc Mayor & City Council Hearing Date: November 16, 2004 Page 5 of 5 RECOMMENDATION Staff recommends approval of the final plat for Roseleaf Subdivision No. 2 with the above stated comments and conditions. FP -04-070 Exhibit "A" Roseleaf SW FP.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LARKSPUR, LLC FOR FINAL PLAT APPROVAL OF 56 SINGLE-FAMILY RESIDENTIAL AND OFFICE BUILDING LOTS AND 6 COMMON LOTS ON 18.94 ACRES IN R-4, R-8, AND L -O ZONES LOCATED AT 20909 21.90, AND 2240 SOUTH MERIDIAN ROAD IN A PORTION OF THE SW/40F THE NW V/ OF T. 3N., R. 1E., SECTION 19 CIC November 23, 2004 CASE NO. FP -04-067 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on November 23, 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, Development Services Manager for the Public Works Department, dated: Hearing Date: November 23, 2004, to the Mayor and. Council, and the Council having considered the requirements of the preliminary plat the Council. takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING LARKSPUR SUBDIVISION LOCATED IN A PORTION OF THE SW '/ OF THW NW % OF T. 3N., R. 1E., SECTION 19, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, TREASURE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION / (FP -04-067) Pagel of 3 VALLEY ENGINEERS, INC., HANDWRITTEN DATE: 10108104, SHEET 1 OF 4, TREASURE VALLEY ENGINEERS, INC.", Larkspur, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 23, 2004, listing 22 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, and the comment letter from Nampa and Meridian Irrigation District, a true and correct copy of which is attached hereto and marked Exhibit "B" and consisting of I page, and by this reference incorporated herein. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION / (FP -04-067) Page 2 of 3 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 maybe 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 yz� day of K0YCrfN6c.v , 2004. Of mmy e erd N�yor, CVy of Meridian Attest: SK! William G. Berg,Jr., ity C erk Copy served upon Applicant, the Planning epartment, Public Works Department, and City Attorney. By: -J�1.46IM,,.1 Dated: 12.- 218 -0 4 City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LARKSPUR SUBDIVISION / (FP -04-067) Page 3 of 3 STAFF REPORT: Hearing Date: November 23, 2004 To: Mayor and City Council From: Sonya Allen, Assistant City Planner Bruce Freckleton, Development Services Manager Re: Larkspur Subdivision Final Plat approval of Fifty-six (56) Building Lots and Six (6) Common Lots on 18.94 Acres in R-4, R-8, and L -O Zones by Larkspur, LLC (File No. FP -04-067). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Larkspur, LLC, has applied for Final Plat approval of 56 building lots and 6 common lots on 18.94 acres of land for Larkspur Subdivision. The proposed subdivision is zoned R-4 (Low Density Residential), R-8 (Medium Density Residential), and L -O (Limited Office) and will include single-family residential, office, and assisted living uses. Larkspur Subdivision is located at 2090, 2190, and 2240 S. Meridian Road and is in the NW '/ of Section 19, T. 3N,, R.1E. The common area lots within the subdivision consist of landscape, open space, and drainage lots. The pressurized irrigation system within this development is to be owned and maintained by Nampa Meridian Irrigation District. A Conditional Use Permit was approved for this subdivision that allowed for reductions to the minimum requirements for the R-8 and L -O zones for lot size (from 6,500 s.f to 4,011 s.f. for detached homes in the R-8 zone and from 7,000 s.f to 5,453 s.f for the L -O zone), and street frontage (from 65 -feet to 22.18 -feet for detached homes). Staff has added a condition of approval that the applicant provides a 40 -foot wide landscape buffer along S. Meridian Road, including a 5 -foot detached sidewalk. The approved preliminary plat did not show the correct buffer width of 35 -feet along entryway corridor's or include a 5 - foot detached sidewalk within the buffer as required along S. Meridian Road. Detached FP -04-067 Exhibit "A" Larkspur Sub FP.doe MAYOR LEGAL DEPARTMENT Tammy de Weerd (208) 466-9272 -Fax 466-4405 CITY OF PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Keith Bird �/ l�t6s `A k1 (208) 887-2211 • Fax 887-1297 Christine Donnell Shaun IDAHO j PLANNING Wardle Charles M. Rountree AND ZONING DEPARTMENT hy7 "�'Ra (208) 884-5533 • FAX 888-6854 �su�rv.w� V:F i 1903 STAFF REPORT: Hearing Date: November 23, 2004 To: Mayor and City Council From: Sonya Allen, Assistant City Planner Bruce Freckleton, Development Services Manager Re: Larkspur Subdivision Final Plat approval of Fifty-six (56) Building Lots and Six (6) Common Lots on 18.94 Acres in R-4, R-8, and L -O Zones by Larkspur, LLC (File No. FP -04-067). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Larkspur, LLC, has applied for Final Plat approval of 56 building lots and 6 common lots on 18.94 acres of land for Larkspur Subdivision. The proposed subdivision is zoned R-4 (Low Density Residential), R-8 (Medium Density Residential), and L -O (Limited Office) and will include single-family residential, office, and assisted living uses. Larkspur Subdivision is located at 2090, 2190, and 2240 S. Meridian Road and is in the NW '/ of Section 19, T. 3N,, R.1E. The common area lots within the subdivision consist of landscape, open space, and drainage lots. The pressurized irrigation system within this development is to be owned and maintained by Nampa Meridian Irrigation District. A Conditional Use Permit was approved for this subdivision that allowed for reductions to the minimum requirements for the R-8 and L -O zones for lot size (from 6,500 s.f to 4,011 s.f. for detached homes in the R-8 zone and from 7,000 s.f to 5,453 s.f for the L -O zone), and street frontage (from 65 -feet to 22.18 -feet for detached homes). Staff has added a condition of approval that the applicant provides a 40 -foot wide landscape buffer along S. Meridian Road, including a 5 -foot detached sidewalk. The approved preliminary plat did not show the correct buffer width of 35 -feet along entryway corridor's or include a 5 - foot detached sidewalk within the buffer as required along S. Meridian Road. Detached FP -04-067 Exhibit "A" Larkspur Sub FP.doe Mayor & City Council Hearing Date: November 9, 2004 Page 2 sidewalks are required in MCC 12-13-10-8 and the Comprehensive Plan, Chapter IV, Figure VI - 4, along all arterial streets in new developments at the edge of existing city limits. The applicant, Ron Sargent, is in agreement with this condition. Staff recommends approval of Larkspur Subdivision with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT Applicant is to meet all terms of the approved Rezone (RZ-04-009), Conditional Use Permit (CUP -04.025), and Preliminary Plat (PP -04-023). 2. All fencing shall be in compliance with MCC 12-4-10 and 12-13-15-9. Complete the year of platting shown at the top of the plat. 4. Show the temporary emergency vehicle access easement across Lot 2 and Lot 20, Block 1. Show the temporary emergency vehicle turnaround easement on Lot 35 and Lot 36, Block 1. (See also Plat Note 14.) 5. A cross access agreement shall be recorded on Lot 5, Block I to facilitate re -development of Lot 1 and Lot 2, Block L The agreement shall allow for future access to Lot 12, Block 1. (See also Plat Note 14.) 6. Revise or add the following notes on the face of the plat: (3.) "All rear lot lines and lots lines abutting the exterior boundary of the subdivision, are hereby designated as having a ten (10) foot wide permanent public utilities, property drainage, and irrigation easement_ over the ten (10) feet adjacent te th ,' (4.) Address who will own and maintain the common lots within the subdivision. (5.) "...for Lot 1 and Lot 2 of Block 1. until such time that these lots are redeveloped At that time direct lot access to S. Meridian Road will be prohibited " (6.) Delete note. Exterior easement lines are covered in note #3. (7.) Strike note (covered in note #14). (9.) Complete the recording information. (10) "Building setbacks and dimensional standards in this subdivision shall be in compliance with Title 11 and Title 12 of the Meridian City Code unless otherwise modi zed by Conditional Use Permit CUP -04-025 which allowed for reduced lot sizes and lot- ronta es. " (11) "The Ci of Meridian is responsible for the maintenance of the re ional athwa sur ace located on the west side o the Ten Mile Drain. The Homeowner's Association is responsible or maintenance of all landscaping adient to the pathway. " (12) "Access for the fixture re -development ofLot 1.„and Lot 2, Block 1 shall be provided , through Lot 20, Black 1 or Lot S, Block 1 asfollows: YLot 1 and „Lot 2 redevelop as, FP -04-067 Exhibit "A” Larkspur FP.doc Mayor & City Council Hearing Date: November 9, 2004 Page 3 residential uses, access shall be taken across „Lot 20 connecting to S Blackspur Way. Lot 5 shall no longer be required to provide cross access Lot 20 shall no longer be considered a residential building lot. If Lot I and Lot 2 redevelop as commercial anoroffice „ uses, access shall be taken across Lot 5. Lot 20 shall be , considered a residential building lot. " (13) "Unless otherwise shown or designated, all interior residential building lots have a five Goat wide side easement for permanent public utilities, property drainage, and irrigation easement." 7. Landscape easements and all other easements shall be shown on the face of the plat. There is a 20 -foot wide street buffer required along E. Calderwood Dr. and 40 -foot wide street buffer, including a 5 -foot sidewalk, along S. Meridian Road. The applicant is not required to construct the sidewalk and buffer along Lot 1 and Lot 2, Block 1 at this time. The buffer and sidewalk will be required upon redevelopment of those properties. 8. The landscape plan prepared by Treasure Valley Engineers and dated 10/8/04, shall be revised as follows: a. Pedestrian pathway along the Ten Mile Drain must be shown as hard surfaced. b. Landscape street buffer along S. Meridian Road must be a minimum of 40 -feet wide (including width of sidewalk) as it is an entryway corridor to the City. Buildings may not encroach within this buffer/easement. C. A minimum 5 -foot wide detached sidewalk is required along S. Meridian Road (Lots 6 through 10, Block 1), reflect on plan.. d. If the unimproved right-of-way is greater than 13 -feet from edge of pavement to edge of sidewalk or property line, developer must maintain a ten -foot wide gravel shoulder and landscape the remainder with lawn or other vegetative groundcover, reflect on plan along S. Meridian Road. This will require a License Agreement between the property owner and ACHD. e. Fencing shown on the Landscape Plan along Calderwood Drive and S. Blackspur Way needs to be relocated outside of the street buffer. f. Fencing is required. adjacent to the micropaths on Lot 8, Block 2 and Lot 31, Block 1 in accordance with MCC 12-13-15-9. If solid fencing is used, it shall not exceed 4 -feet in height. g. A minimum 5 -foot wide paved pathway is required on the micropaths leading to the open space areas on Lot 31, Block 1 and Lot 8, Block 2. A landscape strip a minimum of 5 -feet wide shall be provided along both sides of the path and shall include one tree per 35 -linear feet. h. Trees shown within the ROW appear to be new rather than existing. If new, a License Agreement w/ACHD will be required (symbols used for new & existing trees appear very similar and are hard to determine which is which). i.. Correct the street buffer width calculations shown in the calculations table for S. Meridian Road and Calderwood Drive as they are shown incorrectly. 9. Buildings, and/or sidewalks around buildings, may not encroach within the required street buffers. FP -04-067 Exhibit "A" Larkspur FP.doe Mayor & City Council Hearing Date: November 9, 2004 Page 4 10. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway located adjacent to the Ten Mile Drain. The public easement shall be recorded for the pathway prior to the first Certificate of Occupancy of any new structure within the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks and Recreation Departments. The easement shall be sufficient width to cover the 10 -foot wide pathway. Buildings are precluded from constructing within this easement. The 10 -foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the subdivision. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall coordinate with the Parks & Recreation Department for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway." 11. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 12. Relocate the "L9" label from Lot 2, Block 1, to Lot 17, Block I with a leader to the segment. 13. Correct the distance shown on L5 in the Line Table. 14. Include instrument number and easement width (must be a minimum of 20 -ft. wide) for the permanent pedestrian easement adjacent to the Ten Mile Drain on the face of the plat. 15. The 10 -foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the subdivision. 16. The applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 17. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 18. 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 FP -04-067 Exhibit "A" Larkspur FP.doc Mayor & City Council Hearing Date: November 9, 2004 Page 5 permits. All development improvements, including, but not limited too, perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 19. Sanitary sewer and water service to this site shall be via the existing mains adjacent to the proposed subdivision. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 20. 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. 2.1. 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. All storm drainage must be in compliance with MCC 12-13-14, Stormwater Integration. 22. Staff s failure to cite specific ordinance provisions, or terms of the approved Rezone, Conditional. Use Permit, or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 2. 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. Two -hundred -fifty and one -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would. sit atop fill material. FP -04-067 Exhibit "A" Larkspur FP.doc fr 1 Mayor & City Council Hearing Date. November 9, 2004 Page 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. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP -04-067 Exhibit "A" Larkspur FP.doc DEC 07 '04 09•:30 FR CITY OF MERIDIFri 202 We 4219 TO P -AND -Z 19 November, 2004 Greg; Anderson Treasure Valley Engineers 5680E Franklin lid. -#220 :Nampa 1D 93657-9073 ]Larkspur Subdivision Dear Greg. P.01/01 City of Meridian City Clerk Off ic4 rt F rt ftede 15€13 FIRST STREET SOUTH NAMPA, IDAHO 53651-4345 FAX # 205-163-0012 Pkcnes: Area Cada 208 OFFICE: Nampa 466.7861 SHOP: Nampa 466.0663 Nampa & Meridian Irrigation District has received and reviewed plans for the above- mentioned project. The storm water will be retained onsite. This meets Nampa & Meridian Irrigation District's standards therefore it is acceptable. The pressure irrigation is to be hooked up to a joint venture with another subdivision at another location. Pump curves will have to be looked at and checked to ensure adequate pressure for both pump stations. Your exterior line is four (4) -inch. This is Nampa & Meridian irrigation District's minimum. Calculation should be reviewed to make sme that there is adequate flow for the distance this water has to travel to ensure adequate pressure. Your services, which are numbered, do not have sizes on them and they are scheduled to service more than one lot. The District's standards require main lines to loop the whole system with one three-quarter (3l4) service for each lot_ This needs to looked at and corrected to ensure adequate pressure for everyone within this project. Your proposed crossing of the Ten -Mile Drain appears to be acceptable. This will require a Crossing Agreement with Nampa & Meridian Irrigation District. Please contact the District's attorney, Bryce Farris at 342-4591 and ask that he prepare this docurnent. AF ROXM4TE IRWGARE ACPES RIVER FLOW RJGHIS - 23,000 6015E PPDXCT RIGHTS - 40,000 T rlfibn "E3" ** TOTAL PHGE. 01 >t;� BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE } APPLICATION OF LIBERTY } DEVELOPMENT, INC., FOR ) APPROVAL FOR 16 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 2 COMMON LOTS ON ) 3.65 ACRES IN AN R-8 ZONE } LOCATED AT 4000 WEST PINE ) AVENUE I NTH SE % OF THE NW ) OF T. 3N., R. 1W., SECTION 10. ) CIC November 23, 2004 CASE NO. FP -04-071 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on November 23, 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, Development Services Manager for the Public Works Department, dated: Hearing Date: November 23, 2004, to the Mayor and Council, and. the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CASTLEBROOK SUBDIVISION NO. 4 LOCATED IN THE SE'/ OF THE NW 1/ OF T. 3N., R. 1W., SECTION 10, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION NO.4 / (FP -04-071) Page l of 4 DATE: 10128104, SHEET I OF 3, BAILEY ENGINEERING, INC.", Liberty Development, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: November 23, 2004, listing 15 SITE SPECIFIC REQUIREMENTS/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 additional requirements from the action of the Council taken at their November 23, 2004 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the 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 stonnwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION NO.4 / (FP -04-071) Page 2 of 4 State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review :may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person. being a person who has an interest in real property which may be adversely affected by this decision. may, within. twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION NO.4 / (FP -04-071) Page 3 of 4 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 031rd day of Wov embe'' , 2004. \1�l,%III Ii fit m eerd ayor, ty of M Attest: ti ` � w William G. Berg, Jr., Cffty Cl k Copy served upon Applicant, the Planrii%g, i epartment, Public Works Department, and City Attorney. By:y „ .-- City Clerk's Office Dated:_ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CASTLEBROOK SUBDIVISION NO.4 / (FP -04-071) Page 4 of 4 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree CITY OF1 IDAHO 19[E3 MEMORANDUM: To: Mayor & City Council From: Sonya Allen, Assistant City Planner Yll Bruce Freckleton, Engineering Tech III Jk Re: CASTLEBROOK SUBDIVISION NO.4 CITY HALL (208) 8884433 — Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 — Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 — FAX 466-4405 Hearing Date: November 23, 2004 Request for Final Plat Approval of Castlebrook Subdivision No. 4, Consisting of Sixteen (16) Single-family Residential Building Lots and Two (2) Common Lots on 3.65 Acres in an R-8 Zone by Liberty Development, Inc. (File No. FP -04-071). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Liberty Development, Inc., has applied for final plat approval of the fourth phase of Castlebrook Subdivision. This phase of the subdivision includes16 single-family residential building lots and 2 conitnon lots on 3.65 acres in an R-8 zone. This phase was preliminary platted under the name of Castlebrook Subdivision No. 2. The gross density of Phase No. 4 is approximately 4.3 dwelling units/acre. The net density is approximately 5.75 dwelling units/acre. This phase of Castlebrook Subdivision is located approximately 1/3 mile east of N. Black Cat Road, north of W. Pine Ave., in the NW I/ olSection 10, T.3N., R.1W. The common area lots within the subdivision consist of landscape, storm drainage, and pathway lots and will be owned and maintained by the Castlebrook Homeowners Association. The pressurized irrigation system within this development will also be owned and maintained by the Homeowners Association. Exhibit "A" t Mayor & City Council Hearing Date: November 23, 2004 Page 2 of 5 The final plat for this phase complies with the approved preliminary plat. Staff recommends approval for Castlebrook Subdivision No. 4 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant shall meet all terms of the approved Annexation (AZ -02-031) and Preliminary Plat (PP -02-032). 2. Underground ear -round pressurized irrigation must be provided to all lots within this development. If the pressurized irrigation system within this development is to remain a private Homeowners 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 must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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 Meridian City Engineer. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lofts constructed, fencing installed, off-site pathway constructed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro -paths, off-site pathway, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties (including stub streets and El Gato Road.). Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. Sanitary sewer service to this site will be via main line extensions to an existing temporary lift station within the Blackstone Subdivision. This lift station pumps to an existing gravity sewer main located in Black Cat Road, that then flows to the Ashford FP -04-071 Exhibit "A' Castlebrook Sub4.FP.doc Mayor & City Council Hearing Date: November 23, 2004 Page 3 of 5 Greens lift station. The Blackstone lift station shall be upgraded or modified, at this developers expense, to the City of Meridian's standards and specifications. The applicant will be responsible to construct lateral sewer mains to and through this proposed development including and in coordination with the City's Black Cat Trunk Project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be assessed against this development. Payment of the trunk development fees and latecomer fees are required prior to signature on the final plat map by the City Engineer. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. All fencing shall be in compliance with MCC 12-4-10 and 12-13-15-9. Temporary construction fencing to contain debris shall be installed along the eastern and southern boundary of this phase unless fencing already exists at the subdivision boundary. 7. The landscape plan dated 10/26/04 (Sheet L1) prepared by South Landscape Architecture needs to be revised as follows: a. Lot 31, Block 9 is shown as an ACHD storm drainage lot on the plat. No trees will not be required or allowed within this easement. 8. Add or revise the following notes on the facc of the plat: (7.) Delete note — not required to be shown as a note on the plat. "Fencing on the north boundary of Lots 33 & 34, Block 9 adjacent to the p urn o, our foot tall solid fence. " (� pBuild ng setbacks and dimensionala tin at wa shall be either open standards in this subdivision shall be in compliance with Title 11 and Title 12 of Meridian 04Y Code " (b Place a note on the plat that references the FEMA flood plain boundary adjacent to the Ten Mile Creek. Note restrictions associated with the flood zone on the face of the plat. 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. 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. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) 11. Please submit a copy of the Ada County Street Name Committee's "Final" Letter for FP -04-071 Exhibit "A' Castlebrook 5ub4TP.doc Mayor & City Council Hearing Date: November 23, 2004 Page 4 of the street names and lot & block numbering. Make all corrections necessary to comply. 12. Add "W. Pine Avenue" along the E -W Mid -Section line. 13. The pathway along the Ten Mile Creek shall be constructed prior to the issuance of the first Certificate of Occupancy Permit of any lots adjacent to the pathway. 14. The Homeowner's Association shall maintain the public pathway that runs along the Ten Mile Creek until such time that the City elects to take over maintenance of such pathway. 15. Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. One -Hundred watt (I 00w), 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 building pads receiving engineered backfill, where footing would sit atop fill material. 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 Deputy Fire Chief and the Public Works Department. FP -04-071 Exhibit "A' Cast]ebrook Sub.URdoc f Mayor & City Council Hearing Date: November 23, 2004 Page 5 of 5 Provide sidewalks in accordance with the MCC. STAFF RECOMMENDATION Staff recommends approval of the final plat for Castlebrook Subdivision No. 3 with the above stated comments & conditions. FP -04-071 Exhibit "A' Castlebrook 5ub41P.dOe ** TX CCNFIRMM,tON REPORT w* AS OF NOU 24 '04 17:12 PAGE.ei CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 32 11/24 17:12 IDAHO ATHLETIC C ----S 00'00" 003 225 BUSY THIS DOCUMENT IS STILL IN MEMORY Revised 11-23-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 23, 2004 at 7:00 p.m. City Council Chambers 1- Roll call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2- Pledge. of Allegiance; herd -Jac f 7tt✓ L4h4_,d 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: /.�re ,( 4. Adoption of the Agenda: g)01 -is- 5. Consent Agenda A. Approve Minutes of October 12, 2004 Pre -Council Meeting.��t,v 13, Approve Minutes of November 3, 2004 Pre -Council Meeting: C. Approve Minutes of November 3, 2004 City Council Regular Meeting: ,7,,,, y, _ D. Approve Minutes of November 9, 2004 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: PP 04- 032 Request for Preliminary Plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C -G zone for Central Valley Corporate Park No 6. This is a re -subdivision of Lots 21 and 22, Block 2, Central Valley Corporate Paris No. 6 by Steve Wensel — 929 South Industry Way: Aj;?), or_ F. Findings of Fact and Conclusions of Law for Approval: CUP 04-037 Request to modify the existing Conditional Use Permit (Planned Development) approval for the construction of a 96 -unit apartment complex to a 65 -unit assisted living retirement facility in an R-40 zone for Devon Park II Fairview j ftL---x by Fairview Lakes, LLC -- 824 East Fairview Avenue: �,�•,,,., Meridian City Council Agenda — Nav=bur 23, 2004 page I of 4 All materials presented at public rnectiapc shall become property of rl,c City 01'Metidian. Anyone desiring acsnmmodAdon for di+abilitics relatod to doewtteas and/or hcarinp please contuct the Ciry Clerk's Office at SSN-4433 ac least 49 huum priorto the public meeting.