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HomeMy WebLinkAbout2007-08-21~E IDIAN~?-- Tuesday, August 21, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations beforle the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance by Sarah "Pickle" deHaro and Sydney Lydon- McCoy: 3. Community invocation by Ken Redford with Meridian Friends Chlu~ch: 4. Adoption of the Agenda: 5. Consent Agenda: A. CITY CQUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho ide C B. Public Works. Ghanae Order Ido. 2, Water and Sewer Improvements in Conjunction with ACHD West 1S S Washington to Cherry Road Project-for a cost of $33,235.00: C. Road) by Blue Marlin Investments, LLC: (Eagle Meridian City Council Meeting Agenda -August 21, 2007 Page 1 of 3 All materials presented at pubic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Mayor's Office 1. Discussion of Joint Platform Proposal for Youth in the City of Meridian: B. Public Works Department 1. South Meridian Reimbursement Agreements for Water & Sewer: 7. Items Moved from Consent Agenda: 8. FP 07-024 Request for Final Plat approval for 44 detached single-family building lots, 24 attached single-family building lots, 2 private street lots, and 10 common lots on 9.52 acres in R-4 and R-15 zones for Jericho Subdivision by Heron River Development, LLC - 6055 and 6185 North Jericho Road: 9. Public Hearing: RZ 07-011 Request for a Rezone of 0.77 of an acre from C-C to an O-T zone for Shavlee Estates by Tealey's Land Surveying - 1402 & 1414 North Meridian Road: 10. Public Hearing: PP 07-010 Request for Preliminary Plat approval of 2 office building lots, 6single-family residential building lots and 1 common lot on 0.77 of an acre in a proposed O-T zone for Shavlee Estates by Tealey's Land Surveying -1402 & 1414 North Meridian Road: 11. Public Hearing from June 7, 2007: CUP 07-010 Request for Conditional Use Permit to construct 6 town homes in a proposed O-T zone that do not meet the criteria of the Downtown Meridian Design Guidelines for Shavlee E to es by Tealey's Land= Surveying -1402 & 1414 North Meridian Road: 12. Public Hearing: AZ 07-009 Request for Annexation and Zoning of 22.67acres from R1 to C-G Zone for Queenland Acres by James Prather -Southeast Corner of South Stoddard Road and West Overland Road: 13. Public Hearing: RZ 07-1112 Request for Rezone of approximately 22.7 acres from an R-8 to a C-~ zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene -150 West Maestra: Meridian City Council Meeting Agenda -August 21, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I r ~. !'1 i; 14, I~e»c iie~ring: PP 0.7006 Request for Preliminary Plat approval of 7 single family residential ;building lots and 2 common area lots on 1.96 acres in an R-4 zone for Moose Creek Subdivision by Moose Creek Construction - 4275 N. Jones Creek Lane: Meridian City Council Meeting Agenda -August 21, 2007 Page 3 of 3 All materials presented at public meetings shall becom® property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. L~ J (~E IDIAN^ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 21, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba ~_ Joe Borton _ C~ Charlie Rountree ~ Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance by Sarah "Pickle" deHaro and Sydney Lydon- McCoy: 3. Community Invocation by Ken Redford with Meridian Friends Church: 4. Adoption of the Agenda: u~'~r``' 5. Consent Agenda: ~~'~`- A. Agreement to Hookup to Citv Services, Property Outside Cit Limits - 4270 East Overland Road: ~~r'~.0i-~- B. Public Works Chance Order No. 2, Water and Sewer Improvements in Conjunction with ACHD West 1S` Street, Washington to Cherry Road Project for a cost of $33,235.00: •~ir-~~- C. Water Main Easement Agreement for Qdoba Retail Shell (Eagle Road) by Blue Marlin Investments, LLC: ,~,,..~. Meridian City Council Meeting Agenda -August 21, 2007 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. N M 6. Department Reports: A. Mayor's Office 1. Discussion of Joint Platform Proposal for Youth in the City of Meridian: r~fo/~ ~,;,~, ~ n ,~~¢ wulz`f ~,5 c.~dk, B. Public Works Department . 2 _ ~d b~,,.vhYw Cey.-~~-~ f~ ~., ~ iQ~ i}ri 6 wt ~e 1. South Meridian Reimbursement Agreements for Water & Sewer: k,l Gl;,.,c+~s~v !o q ~ C t L ,i;a~ ~yo,4,~,ur~f ~!~ CC c 7. Items Moved from Consent Agenda: w°'`e- 7u.s,~,hy~-~;~~c.?,~~rr,~`•c, 8. FP 07-024 Request for Final Plat approval for 44 detached single-family building lots, 24 attached single-family building lots, 2 private street lots, and 10 common lots on 9.52 acres in R-4 and R-15 zones for Jericho Subdivision by Heron River Development, LLC - 6055 and 6185 North Jericho Road: ~v".- 9. Public Hearing: RZ 07-011 Request for a Rezone of 0.77 of an acre from C-C to an O-T zone for Shavlee Estates by Tealey's Land Surveying - 1402 & 1414 North Meridian Road: rr~~.r•.~- ~/F~ a/.~ ~-,- ~~~~u-e- 10. Public Hearing: PP 07-010 Request for Preliminary Plat approval of 2 office building lots, 6single-family residential building lots and 1 common lot on 0.77 of an acre in a proposed O-T zone for Shavlee Estates by Tealey's Land Surveying - 1402 & 1414 North Meridian Road: 11. Public Hearing from June 7, 2007: CUP 07-010 Request for Conditional Use Permit to construct 6 town homes in a proposed O-T zone that do not meet the criteria of the Downtown Meridian Design Guidelines for Shavlee Estates by Tealey's Land Surve ing - 1402 & 1414 North Meridian Road: 12. Public Hearing: AZ 07-009 Request for Annexation and Zoning of 22.67acres from R1 to C-G Zone for Queenland Acres by James Prather - Southeast Corner of South Stoddard Road and West Overland Road: 13. Public Hearing: RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene - 150 West Maestra: Meridian City Council Meeting Agenda -August 21, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~, 14. Public Hearing: PP 07-006 Request for Preliminary single family residential building lots and 2 common acres in an R-4 zone for Moose Creek Subdivision Construction - 4275 N. Jones Creek Lane: Plat approval of 7 area lots on 1.96 by Moose Creek Meridian City Council Meeting Agenda -August 21, 2007 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~E IDIAN~- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 21, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance by Sarah "Pickle" deHaro and Sydney Lydon- McCoy: 3. Community Invocation by Ken Redford with Meridian Friends Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Agreement to Hookup to Citv Services, Proaertv Outside Citv Limits - 4270 East Overland Road: B. Public Works Change Order No. 2, Water and Sewer Improvements in Conjunction with ACHD West 15 Street, Washington to Cherry Road Project for a cost of $33,235.00: C. Water Main Easement Agreement for Qdoba Retail Shell (Eagle Road) by Blue Marlin Investments, LLC: Meridian City Council Meeting Agenda -August 21, 2007 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~i ~! 6. Department Reports: A. Mayor's Office 1. Discussion of Joint Platform Proposal for Youth in the City of Meridian: B. Public Works Department 1. South Meridian Reimbursement Agreements for Water & Sewer: 7. Items Moved from Consent Agenda: 8. FP 07-024 Request for Final Plat approval for 44 detached single-family building lots, 24 attached single-family building lots, 2 private street lots, and 10 common lots on 9.52 acres in R-4 and R-15 zones for Jericho Subdivision by Heron River Development, LLC - 6055 and 6185 North Jericho Road: 9. Public Hearing: RZ 07-011 Request for a Rezone of 0.77 of an acre from C-C to an O-T zone for Shavlee Estates by Tealey's Land Surveying - 1402 & 1414 North Meridian Road: 10. Public Hearing: PP 07-010 Request for Preliminary Plat approval of 2 office building lots, 6single-family residential building lots and 1 common lot on 0.77 of an acre in a proposed O-T zone for Shavlee Estates by Tealey's Land Surveying - 1402 & 1414 North Meridian Road: 11. Public Hearing from June 7, 2007: CUP 07-010 Request for Conditional Use Permit to construct 6 town homes in a proposed O-T zone that do not meet the criteria of the Downtown Meridian Design Guidelines for Shavlee Estates by Tealey's Land Surveying - 1402 & 1414 North Meridian Road: 12. Public Hearing: AZ 07-009 Request for Annexation and Zoning of 22.67acres from R1 to C-G Zone for Queenland Acres by James Prather -Southeast Corner of South Stoddard Road and West Overland Road: 13. Public Hearing: RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene -150 West Maestra: Meridian City Council Meeting Agenda -August 21, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 14. Public Hearing: PP 07-006 Request for Preliminary Plat approval of 7 single family residential building lots and 2 common area lots on 1.96 acres in an R-4 zone for Moose Creek Subdivision by Moose Creek Construction - 4275 N. Jones Creek Lane: Meridian City Council Meeting Agenda -August 21, 2007 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Will Berg Page 1 of 1 From: Ted Baird Sent: Tuesday, August 21, 2007 5:51 AM To: Matthew Schultz; Will Berg; Bill Nary; Len Grady; Kyle Radek Cc: Jim Jewett; Stephen Gledhill; Cheryl Brown; Trent Nieffenegger; Marilea Boncz Subject: RE: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk It's not a hearing, it's a department report. From: Matthew Schultz [mailto:schultzdevelopment@yahoo.com] Sent: Mon 8/20/2007 7:44 PM To: Will Berg; Ted Baird; Bill Nary; Len Grady; Kyle Radek Cc: Jim Jewett; Stephen Gledhill; Cheryl Brown; Trent Nieffenegger; Marilea Boncz Subject: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk Please include the attached exhibits for the Council's benefit at tomorrow nights hearing. I have summarized the revised Exhibit C's showing the costs and reimbursements. Also, the map would be a good exhibit for everyone to look at as we discuss Line A1, Line A2, and Line B. Thank you Matt Schultz RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 (208) 880-1695 Cell (208) 893-5325 Fax schultzdevelopment@yahoo. com Luggage? GPS? Comic books? Check out fitting ifts for ads at Yahoo! Search. 8/21 /2007 BLACK CA~TRUNK REIMBURSEMENT SUMMAR~ CONSTRUCTION COST $454,690 SOFT COSTS $35,219 SUBTOTAL COST $189,909 CITY REIMBURSE $349,866 .INC. CITY ADMIN FEE $8,971 REMAINING COST '$140,043 OF CINDER 109 ~ IJNE A2 -OVERLAND TO TEN MILE LBIDER 109 .-_ CONSTRUCTION COST $394,578 ' SOFT COSTS $44,607 SUBTOTAL COST ;439,185 CITY REIMBURSE $270,329 INC. CITY ADMIN FEE X6,932 i REMAINING COST $168,856 OF CINDER 109 UNE B -UNDER TO STODDA RD -SHEPHERD CREEKfTUSCANY CONSTRUCTION COST $519,989 SOFT COSTS $22,700 SUBTOTAL COST $542,689 TUSCANY FEE $147,265 ' INC. CITY ADMIN $9,557 REMAINING COST $395,424 TO CITY SUMMARY - LMIE A1. A2. AND B CONSTRUCTION COST $1,369,257 9396. SOFT COSTS $102,526 796 TOTAL COSTS :1,471,783 10096 CITY COST $1.015,619 6996 CITY ADMIN FEE (2.596) ;ZSr460 DEVELOPER COST $456,161 3196 W W (n d 0 z W O n N O M ; Q __ _.. ~ W Z N -_ __ ~ , -~ _.__ ~ I l ~ - ~ -~ . _ _.. ~. _.. ____.~ ww _._~:._ ..._..... .xr .,:.:_._.. OC Q w w > 1- m Y = Z X ~ W ~ F- 3lIW N31 .~ ~ • Will Berg • Page 1 of 3 From: Matthew Schultz [schultzdevelopment@yahoo.com] Sent: Tuesday, August 21, 2007 8:18 AM To: Len Grady; Will Berg; Ted Baird; Bill Nary; Kyle Radek Cc: Jim Jewett; Stephen Gledhill; Cheryl Brown; Trent Nieffenegger; Marilea Boncz Subject: RE: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk Len, I am putting all the negotiations on the terms of the agreement into Steve Gledhill's court....I dont care either way. As far as backup, it has been requested this morning from the engineer's. The agreements say no actual reimbursement without documentation/invoices, so in the interest of time when we had a few hours to "get these on the agenda" several times over the last three months, I had verbals from the engineer's that were input into the agreements with invoices to follow. The engineering was complete on Southridge and Bearwood had a revision in progress when I jumped into the middle of this. Len Grady <gradyl~a~neridianciry.org> wrote: Matt, 1) The City has spent countless hours on this. We lowered the 5% as a direct result if the staggered payment. Please increase back to the 5%. 2) How can I approve numbers without backup? Pleas send me all that you have. Thanks Len From: Matthew Schultz [mailto:schultzdevelopment@yahoo.com] Sent: Tuesday, August 21, 2007 8:01 AM To: Len Grady; Will Berg; Ted Baird; Bill Nary; Kyle Radek Cc: Jim Jewett; Stephen Gledhill; Cheryl Brown; Trent Nieffenegger; Marilea Boncz Subject: RE: Exhibits for Tomorrow Night City Council Meeting - Black Cat Trunk Len, The earlier agreements had 5% in them since the ordinance says the City may charge 5% and I went with the max. The 2.5% came from a point brought up in the negotiations...the fact that the City was going to "administer" one-time on all agreements with the exception of the 21" with only 3 payments.,..instead of a long, drawn-out quarterly reimbursement over several years. No offense, but I dont think the logic would put us back to 5%...maybe lower? On the engineering proposals, the numbers that were provided to me came from Becky McKay at Engineering Solutions and Jason Densmer from the Land Group. I know Jason is out of town. Len Grady <gradyl@meridiancity.org> wrote: Matt, I agree to a 2.5% admin fee as part of the negotiation process which directly included the staggered payment cost for the 21 ". As that does not seem to be the case, please increase the City Admin fee to 5%. Also, can you provide me backup fro all engineering costs, etc. for all agreements ASAP. 8/21 /2007 - • • Page 2 of 3 Thanks Len From: Matthew Schultz [mailto:schultzdevelopment@yahoo.com] Sent: Monday, August 20, 2007 7:45 PM To: Will Berg; Ted Baird; Bill Nary; Len Grady; Kyle Radek Cc: Jim Jewett; Stephen Gledhill; Cheryl Brown; Trent Nieffenegger; Marilea Boncz Subject: F~chibits for Tomorrow Night City Council Meeting -Black Cat Trunk Please include the attached exhibits for the Council's benefit at tomorrow nights hearing. I have summarized the revised Exhibit C's showing the costs and reimbursements. Also, the map would be a good exhibit for everyone to look at as we discuss Line A1, Line A2, and Line B. Thank you Matt Schultz RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 (208) 880-1695 Cell (208)893-5325 Fax schultzdevelopment@yahoo.cnm Luggage? GPS? Comic books? Check out fitting ifts for grads at Yahoo! Search. Schultz 1VIR Consulting, Inc. 127 S. Alaska Way [eridian. ID 83642 (208) 880-1695 Cell (208) 893-5325 Fax com Yahoo! in your own image. Join our Network Research Panel todav! Matt Schultz [tMR Consulting, Inc. !127 S. Alaska Way Meridian, ID 83642 208) 880-1695 Cell ;208) 893-5325 Fax ;chultzdevelopment@yahoo.cnm 8/21 /2007 . • Page 3 of 3 Looking for a deal? Find eat prices on flights and hotels with Yahoo! FareChase. 8/21 /2007 • Page 1 of 2 .r' Will Berg From: Len Grady Sent: Tuesday, August 21, 2007 10:27 AM To: Stephen Gledhill; Jim Jewett; Matthew Schultz; Will Berg; Ted Baird; Bill Nary; Kyle Radek Cc: Trent Nieffenegger; Marilea Boncz Subject: RE: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk I will maintain the 2.5% if we can agree to the staggered payment. From: Stephen Gledhill [mailto:sgledhill@idalaw.com] Sent: Tuesday, August 21, 2007 10:24 AM To: Len Grady; Jim Jewett; Matthew Schultz; Will Berg; Ted Baird; Bill Nary; Kyle Radek Cc: Trent Nieffenegger; Marilea Boncz Subject: RE: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk Jim---if the city wants to hold you to the agreed upon reimbursement schedule, then I think it is appropriate the City stand by their agreement for the 2.5%. It doesn't make any logical sense the fee should go up for a one time deal versus the staggered administration requirements of the two year/three payment reimbursement schedule. From: Len Grady [mailto:gradyl@meridiancity.org] Sent: Tuesday, August 21, 2007 10:12 AM To: Jim Jewett; Matthew Schultz; Will Berg; Ted Baird; Bill Nary; Kyle Radek Cc: Stephen Gledhill; Trent Nieffenegger; Marilea Boncz Subject: RE: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk Sounds reasonable. However, if we come to an agreement on Bittercreek, where would it pump to? From: Jim Jewett [mailto:JimJ@mail.jljenterprisesinc.com] Sent: Tuesday, August 21, 2007 10:07 AM To: Len Grady; Matthew Schultz; Will Berg; Ted Baird; Bill Nary; Kyle Radek Cc: Stephen Gledhill; Cheryl Brown; Trent Nieffenegger; Marilea Boncz Subject: RE: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk Len, I agree that the city needs the admin. Fee to reflect the time they put into the project, but I believe all of the time being spent now is to create a new "template" for future projects. How does this affect the amount of admin fee for this project? If you recall the reason for the reduced admin fee was that it would not be spread over 10 years. In the end that is your call. As submitted now the city admin fee would be some 25,000 plus, correct? Does that not cover the effort by public works? As for the 21 ", that line was predicated in the Bittercreek agreement as an 8" line, so since we are still unsure of the final outcome on bittercreek lets just remove that line from the table and move forward with the Blackcat. Jim From: Len Grady [mailto:gradyl@meridiancity.org] Sent: Tuesday, August 21, 2007 7:26 AM To: Matthew Schultz; Will Berg; Ted Baird; Bill Nary; Kyle Radek Cc: Jim Jewett; Stephen Gledhill; Cheryl Brown; Trent Nieffenegger; Marilea Boncz Subject: RE: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk Matt, 8/21 /2007 " , • Page 2 of 2 I agree to a 2.5% admin fee as part of the negotiation process which directly included the staggered payment cost for the 21 ". As that does not seem to be the case, please increase the City Admin fee to 5%. Also, can you provide me backup fro all engineering costs, etc. for all agreements ASAP. Thanks Len From: Matthew Schultr [mailto:schultrdevelopment@yahoo.com] Sent: Monday, August 20, 2007 7:45 PM To: Will Berg; Ted Baird; Bill Nary; Len Grady; Kyle Radek Cc: Jim Jewett; Stephen Gledhill; Cheryl Brown; Trent Nieffenegger; Marilea Boncz Subject: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk Please include the attached exhibits for the Council's benefit at tomorrow nights hearing. I have summarized the revised Exhibit C's showing the costs and reimbursements. Also, the map would be a good exhibit for everyone to look at as we discuss Line A1, Line A2, and Line B. Thank you Matt Schultz RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 (208) 880-1695 Cell (208) 893-5325 Fax schultzdevelopment@yahoo.com Luggage? GPS? Comic books? Check out fitting ifts for ads at Yahoo! Search. 8/21 /2007 • Will Berg Page 1 of 1 From: Matthew Schultz [schultzdevelopment@yahoo.com] Sent: Monday, August 20, 2007 7:45 PM To: Will Berg; Ted Baird; Bill Nary; Len Grady; Kyle Radek Cc: Jim Jewett; Stephen Gledhill; Cheryl Brown; Trent Nieffenegger; Marilea Boncz Subject: Exhibits for Tomorrow Night City Council Meeting -Black Cat Trunk Attachments: 2667696747-BLACK CAT REIMBURSEMENT SUMMARY_FOR COUNCIL_8_21_07.pdf; 612209291-Exhibit A_Black Cat Oversizing Agreement.pdf Please include the attached exhibits for the Council's benefit at tomorrow nights hearing. I have summarized the revised Exhibit C's showing the costs and reimbursements. Also, the map would be a good exhibit for everyone to look at as we discuss Line A1, Line A2, and Line B. Thank you Matt Schultz RMR Consulting, Inc. 2127 S. Alaska Way Meridian,l!D 83642 (208) 880-1695 Cell (208) 893-5325 Fax schultzdevelopment@yahoo. com Luggage? GPS? Comic books? Check out fitting gifts for ads at Yahoo! Search. 8/21 /2007 • • September 7, 2007 MERIDIAN CITY COUNCIL MEETING September 11, 2007 APPLICANT ITEM NO. 6-14 REQUEST Approve Minutes of August 21,2007 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ~/V 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 meefings shall become property of the City of Meridian. • • .~~.~ m ~ BEFORE THE MERIDIAN CITY COUNCIL '''~ C/C August 21, 2007 IN THE MATTER OF THE APPLICATION OF HERON RIVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 44 DETACHED SINGLE-FAMILY BUILDING LOTS, 24 ATTACHED SINGLE-FAMILY BUILDING LOTS, 2 PRIVATE STREET LOTS, AND 10 COMMON LOTS ON 9.52 ACRES IN R-4 AND R-15 ZONES LOCATED AT 6055 AND 6185 NORTH JERICHO ROAD IN THE E 1/Z OF THE NW '/ OF THE NE '/ OF T. 4N., R. lE., SECTION 30 r,f!-aay ~~ CASE NO. FP-07-~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 21, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 21, 2007, 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 JERICHO SUBDIVISION LOCATED IN THE E %Z OF THE NW '/ OF THE NE 1/ OF SECTION T. 4N., R. lE., SECTION 30, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JERICHO SUBDIVISION / (FP-07-024) -~- Page 1 of 4 • BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 07/16/07, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", HERON RNER DEVELOPMENT, 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 Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 21, 2007, listing 15 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their August 21, 2007 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JERICHO SUBDIVISION / (FP-07-024) Page 2 of 4 • • obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHING5 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 maybe filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JERICHO SUBDNISION / (FP-07-024) Page 3 of 4 • • Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 ~'~ da Y of ~~ J~~ , 2007. ~~' ~` ~'~~ `~~ ~`,~~R T Y de WEERD ATTEST: ~ ' ~-'`~ ~~,r, ~`""'~,Y'~~ .~~,. _ ; ~;.~ ,H / WILLIAM G. BERG, JR., ITY CL~ ~~.o, ~,.. •~ ; ~~~~'~11!Plf;itt~~.i~AA Copy served upon: ~/ Applicant Planning Department /Public Works Department /City Attorney BY~ Dated: ~(a-~ `d~ erk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JERICHO SUBDIVISION / (FP-07-024) Page 4 of 4 CITY OF MERIDIAN PLAPNING AND PUBLIC WORKS DEPAR•ENTS STAFF REPORT STAFF REPORT: Hearing Date: August 21, 2007 `~'~ "` ~` _~ _ ,, Transmittal Date: August 16, 2007 ~,~~~~~~;~''"~~~ ~` '~ 4. iu~.~ca TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner ~`-" 208-884-5533 Scott Steckline, Development Services Coordinator ~-~ 208-898-5500 SUBJECT: Jericho Subdivision Request for Final Plat Approval of Jericho Subdivision Consisting of 44 Detached Single-Family Building Lots, 24 Attached Single-Family Building Lots, 2 Private Street Lots, and 10 Common Lots on 9.52 Acres in R-4 and R-15 Zones by Heron River Development, LLC (File# FP-07-024). We have reviewed this submittal and offer the following comments and 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, Heron River Development, LLC, has applied for final plat approval of 44 detached single- family lots, 24 attached single-family building lots, 2 private street lots, and 10 common lots on 9.52 acres of land for Jericho Subdivision. The zoning districts for the proposed subdivision are R-4 (Medium Low-Density Residential District) and R-15 (Medium High-Density Residential District). Jericho Subdivision is located at 6055 and 6185 N. Jericho Road, approximately a '/ mile west of Locust Grove Road and south of Chinden Boulevard in the NW % of Section 30, T. 4N., R. lE. This property has not been previously platted. Two private streets were approved with the preliminary plat application. The applicant is proposing to construct the private streets as approved with the preliminary plat application. See site specific condition number eight for specific private street standards. The City Council approved the preliminary plat for Jericho Subdivision on March 20, 2007. The submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Jericho Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved, annexation (AZ-06-057), preliminary plat (PP-06- 056), and private street (PS-06-008) applications for this subdivision. 2. Final Plat approval for this subject phase shall expire on 03/20/09, if the City Engineer's signature has not been obtained. Exhibit "A" FP-07-024 Jericho Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLAZQNING AND PUBLIC WORKS DEPAR•ENTS STAFF REPORT Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. A Certificate of Zoning Compliance (CZC) is required prior to issuance of building permits for the townhomes within the subdivision. The townhomes may be combined in one CZC or submitted separately for approval. The townhomes shall substantially comply with the approved building elevations. 5. The subject final plat shall be recorded prior to issuance of any Certificate of Zoning Compliance on this site. All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. Prior to signature of the final plat by the City Engineer, the applicant shall submit to the Planning Department, an exhibit depicting the setbacks, building envelope, orientation of the buildings, and structures located on Lots 7, 9, 27, and 28, Block 1. The private streets (N. Ladera Lane and E. Montage Lane) shall be constructed per UDC 11-3F-4; the width of the travel lane shall be at least 24 feet or 26 feet wide (proposed as 20 feet of paving and 2 feet of ribbon curbing on each side), as determined by the fire marshal; a Fire Department approved turnaround shall be provided and the adjacent curb shall be painted red; post the private street "No Parking"; gates or other obstacles shall not be allowed. 9. Prior to signature of the fmal plat by the City Engineer, all existing structures shall be removed from the site. 11. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 12. The landscape plan, prepared by Harvest Design and dated 06/12/07 is approved with no changes. 13. Prior to signature of the fmal plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 14. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Exhibit "A" FP-07-024 Jericho Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANING AND PUBLIC WORKS DEPAR•ENTS STAFF REPORT 15. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 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. 7. 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. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. 12. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at Exhibit "A" FP-07-024 Jericho Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. STAFF RECOMMENDATION Staff recommends approval of the final plat for Jericho Subdivision (FP-07-024) with the above stated comments and conditions. Exhibit "A" FP-07-024 Jericho Subdivision FP.doc PAGE 4 N~INEER/NG plartninpar~engineerieg conrmilies forfhe blare o~ur~oNS~~ RE August 21, 2007 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Jericho Subdivision File No. FP-07-024 Dear Mayor and Council: CEIVED AUG 2 11007 City Of Meridian City Clerk Office 1026 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@gwest.net We have reviewed the recommendations for the City Council meeting of August 21, 2007, and have the following responses: SITE SPECIFIC CONDITIONS The applicant will comply. 2- Understood. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. The applicant will comply. All driveways are already designed to meet these requirements. 7. The applicant will comply. 8. The private streets have been designed to meet Fire Department conditions. No turnaround is required for these private streets, as they both have public streets on each end. `No Parking' signs will be installed as required; however, the curbs will not be painted red as the paint would wear off quickly on the ribbon curbs and be unsightly. 9. The applicant will comply, with the exception that the existing home will remain. 10. (MISSING) 11. The applicant will comply. C:~Documents and Settings~hillmU..ocal SettingslTemporary lntemet Files10LK11RecsResponse (2).doc Lxhibrt 'B" Mayor and City Council August 21, 2007 Page 2 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will provide landscaping mitigation as approved by the City Arborist, Elroy Huff. 12. The applicant will comply. ] 3. The applicant will comply. We appreciate staff's review of our project. We respectfully request approval of the application for final plat. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM: ss cc: Heron River Development, LLC C:~Documents and SettingsUrillmllocal Settings`~Temporary In[emet Fi)es`~OLKIUtacsRespo[-ce (2).doc [xhibi[ "B" • • Meridian City Council Meeting August 21, 2007 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, August 21, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Charlie Rountree, and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, John Overton, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and start tonight's meeting. Thank you all for joining us tonight. And, in particular, thank you to Troop 128 for being with us. Good luck on your merit badge. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance by Sarah "Pickle" deHaro and Sydney Lydon- McCoy: De Weerd: Item No. 2 is our pledge. Tonight we will be led in our pledge by two young ladies and before I call them up to lead us in the pledge I would tell you -- I would like to tell you why they are here as our special guests. I would like to bring to your attention the action of these two young ladies, Sarah, who is also known as Pickle deHaro and Sydney Lydon-McCoy. I know the McCoy part, but I didn't know the other hyphenated thing. Last winter Pickle and Sydney were in Tully Park and they witnessed vandalism in our park and being the quick thinkers that they are, they used their digital camera and took pictures of the boys that were doing damage to the girls bathrooms. They also had recognized these boys were from Sawtooth Middle School and so they downloaded their pictures and took it to the SRO at their middle school. From these photos the young men were identified and, actually, have been held accountable to the damage that they did to our restrooms. It would have been very easy for these two young ladies to look the other way and ignore it and I think that it took a great act of heroism and maturity to really step up and do the right thing. So, I guess in the midst of some of the vandalism we get in our parks and it being an easy target and it's easy to not put yourself in harm's way because you don't want to be the -- in that kind of awkward situation and I have asked these two young ladies to join us tonight and lead us in the pledge and just let them know we value their citizenry and their willingness to step up and be part of a great solution. So, please, join me and rise in the pledge of allegiance. • • Meridian City Council August 21, 2007 Page 2 of 67 (Pledge of Allegiance recited.) De Weerd: Girls, if you will come forward for just a moment. Usually Councilman Bird always gives candy to those that lead us in the pledge. Tonight I will give you one of our City of Meridian pins and also just a small token of our appreciation and thank you for being here and leading us in the pledge. Item 3: Community Invocation by Ken Redford with Meridian Friends Church: De Weerd: Is Ken Redford here with us tonight? Thank you for joining us. Item No. 3 is our community invocation. Tonight we will be led by Ken Redford with the Meridian Friends Church. Please join us in the community invocation or take this as an opportunity for a moment of reflection. Redford: Our Heavenly Father, we are reminded tonight of what a joy and a privilege it is to live together in community. Thank you for the reminder that Pickle and Sydney have given, that it is not just a joy for us, but a responsibility to live together this way. For these Council members, for our leaders, for our Mayor, we ask, Lord, for your wisdom, for your blessing. We think of the many hours of preparation that have gone into' this meeting and the decisions to be made and we are grateful for the years of experience here and the wisdom that's reflected. Pray that you would also be with each of our other city servants, for the police and fire department, and those who work in offices and in different capacities. We want to pause together and say thank you for this and ask for your leadership in Christ we pray, amen. De Weerd: Thank you, Mr. Redford. If I can also offer a City of Meridian pin to you for leading us this evening. Item 4: Adoption of the Agenda: De Weerd: Okay. Council, Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the agenda as published. Rountree: Second. De Weerd: I have a motion and second to approve the agenda as published. Now, that's a first. • Meridian City Council August 21, 2007 Page 3 of 67 • Bird: That is a first. There is no resolutions, there no ordinances, there is no changes. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Agreement to Hookup to City Services, Property outside City Limits - 4270 East Overland Road: B. Public Works Chance Order No. 2, Water and Sewer Improvements in Conjunction with ACRD West 15 Street, Washington to Cherry Road Project for a cost of $33,235.00: C. Water Main Easement Agreement for Qdoba Retail Shell (Eagle Road) by Blue Marlin Investments, LLC: De Weerd: Item 5, the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as presented. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office 1. Discussion of Joint Platform Proposal for Youth in the City of Meridian: Meridian City Council August 21, 2007 Page 4 of 67 De Weerd: Thank you. Item 6 under department reports, the Mayor's office. I'm pleased to recognize two guests that we have here with us tonight. Actually, three that see. Discussion of the joint platform proposal for youth in the City of Meridian. You have a platform in front of you that is put out by the National League of Cities in regards to strengthening families and children. Two of our organizations here in the city, the Mayor's Youth Advisory Council and Meridian's Promise, have looked at this platform and have -- each of these organizations have taken actions of their own to adopt certain -- the platform in and of itself, as well as this pledge, three different actions items to support and enhance it in our community and with us tonight is RoAnne, who is the chair of the Mayor's youth Advisory Council and Joey, who is the executive director of Meridian's Promise, and perhaps you two can come forward and talk about the process that your different entities went through to identify the action items and say a few words to Council. So, RoAnne, do you want to start? R. De Weerd: All right. Representing the Mayor's Youth Advisory Council, we appreciate all of your support that you guys have given us throughout the years. Bird: Name and address. R. De Weerd: Oh. RoAnne de Weerd, 2621 North Miranda Avenue. Okay. I'm asking you guys to step in support a little further and pass this joint resolution and believe in our concrete action items, which include united high schools to engage and provide youth with a voice, hosting, promoting, and partnering in community events for the purpose of strengthening families in our community and, thirdly, sustaining a healthy community by offering safe outlets for youth and encouraging positive life choices. We came up with number one because all Meridian high schools take part and even some of the middle schools in our community service and I feel that we give them voice -- we all have equal voice, we get to speak with you guys, we get to go to conferences all around the United States and I feel that's a very powerful tool for our youth in Meridian. We host and promote many community service events in Meridian throughout the year and that brings families together. Not only does it bring the youth and unite our high schools, but it brings the families together as a sense of partnership between the youth and the older parents and we have chosen the third, because with all of these subcommittees, youth boards, community service events that we get to put on, that is healthier than going out doing drugs and -- so it provides very safe outlets in our community and so we are asking for your support with our concrete action items and that's the report from the Mayor's Youth Advisory Council. De Weerd: Now, RoAnne -- R. De Weerd: Yes. De Weerd: -- I was surprised you didn't do your plug on your one community service project that is on Saturday. Meridian City Council August 21, 2007 Page 5 of 67 • R. De Weerd: Okay. Well, I guess I invite all of have guys for our No Place Like No Place on Saturday. I wish I had the literature with me, but 5:00 o'clock -- De Weerd: To 9:00 o'clock. R. De Weerd: -- Centennial Park, to 9:00 o'clock, and we are going to have a battle of the bands, a soup line, and it's for the whole family, so we are raising money for Habitat for Humanity, so bring the whole family out. Thanks. De Weerd: And, Council, I know you have probably heard me say this before, but this event on Saturday is a fundraiser for Habitat for Humanity and it will be the first Meridian build. This will be the first habitat home in our community. Last year the youth council stood in front of you and talked about their -- what was it titled last year? R. De Weerd: There Is No Place or -- De Weerd: There Is No Place Like Homeless. R. De Weerd: Homelessness. Uh-huh. De Weerd: And that's when Mr. Hubble was in our audience. He stepped forward and donated a lot and it is on that lot that we will have our first Meridian home built and it was funds raised by kids and it will be built by kids. The Meridian School District construction class will be the builders of the home. The horticulture class will be the landscapers of this home. So, it's a project by youth and it's for a family that has been selected by Habitat. They are in the midst of trying to raise 75,000 dollars and they hope to get there because this project is due to start this fall. So, thank you, RoAnne. R. De Weerd: Any questions about our concrete action items or the event on Saturday? Okay. De Weerd: Thank you. Joey. Schueler: Madam Mayor, Mr. President, Members of the Council. Joey Schueler. Address 4206 West Fairmont Street, Boise, Idaho. 83706. And it's appropriate that the invocation was about community and that we have two youth representing today what kids can do. Another group of kids representing what kids are also capable of doing in the community, because that's exactly the purpose of this joint resolution is for us to stand as a community and say that kids are important and that they mean a lot and I know I don't have to tell you this, because I have seen each and every one of you do that in our community, but I did want to make sure that we really stated clearly what Meridian's Promise's goals are, as well as an action item within this joint resolution. Our mission is to empower Meridian's youth to succeed in the future and with champions like Meridian City Council August 21, 2007 Page 6 of 67 Madam Mayor Tammy de Weerd we are able to do that every day out in our communities and one thing I have observed as the club director for the Boys and Girls Club is that there are a lot of things that can be done better when different sectors of the community come together to do them. Any one entity by itself does good things, but when you share that passion with everybody else it becomes an unstoppable force and that's what Meridian's Promise is here to do, to unite the city through parks and rec, we have Planning and Zoning, and, of course, the Mayor's office with places like churches and not-profit organizations and the library, things like that, when they come together and do things we are able to do it better. And so we want to make sure we fill in those gaps for kids and approving this resolution is a valuable step in that process, so another thing is to encourage funding sources for the non-profit sector to see the value behind what they do when they invest in the long-term asset that are our youth. So, we would also ask you to support us in that endeavor and also to establish and support a mentoring initiative. We have Big Brothers, Big Sisters, they are very active in this valley. In fact, I know, Mr. President, you are big -- we want to continue to support that here in Meridian and choose that as one of our goals as well. So, I know your time is precious and I will close with that, but I would just ask that you support us in our goal to make sure our kids have what they need in this city. Any questions for me? De Weerd: Thank you. Schueler: Thank you all for your time. De Weerd: Council, I guess the platform in front of you and the subsequent discussion has been for your information. We'd like to put this on the agenda next week for your support and adoption. Certainly you can support the six action items that have been adopted by the Mayor's Youth Advisory Council and the three adopted by the Meridian's Promise and/or you can add your own, so however you would like to approach this, that's the direction I'm seeking tonight with the caveat to move this forward to next week's agenda for adoption. Bird: That's what i would recommend. Rountree: Madam Mayor, that would be my recommendation. Move it forward. De Weerd: Okay. Okay. Thank you. Thank you for joining us tonight. B. Public Works Department 1. South Meridian Reimbursement Agreements for Water & Sewer: De Weerd: Okay. Item 6-B under Public Works. I'll turn this over to Len. Meridian City Council August 21, 2007 Page 7 of 67 Grady: Madam Mayor, Members of the Council, tonight's request is a little bit unusual. You have received an agreement for -- a reimbursement agreement for lines A-1 and B as shown on the map here just a few minutes ago. I know you haven't had a lot of time to read it over, but the city attorney has read it over, I have read it over, and I think we are -- we are in a position where we would like to get approval with that reimbursement agreement and move towards construction. I understand from the city attorney's office there are some minor corrections, mostly cosmetic, nothing substantial that needs to be done, and we are still lacking signatures from the developers for line A-1 and B. So, what I'm asking tonight is for a resolution to approve these two reimbursement agreements that will take that Black Cat Trunk to Stoddard prior to getting -- prior to getting signatures from the developers. I'd like to give them a short time frame to get that signed and, then, get it to the Mayor later this week. Highly unusual, like I say. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Len, I have no problem -- I don't think we need a resolution, we just -- to agree upon these agreements. I have no problem, as long as you and the legal department feel comfortable with it and the people that we are entering into agreement with have no problem with it, of making a motion to approve this and for the Mayor to sign and the Clerk to attest once these are signed -- Grady: Yes. Bird: -- by the other party. Grady: They have to be signed by -- yeah. Bird: We would be the last signatures. I have no problem doing that, if that's what you want, if that's what you're asking for. Grady: That's what I'm asking for. Bird: Unless the rest of the Council -- De Weerd: Yes, Mr. Zaremba. Zaremba: Do we need a sense from the other potential signatories of how likely they are to accept the terms? Bird: I would -- I have no problem. I'd like to hear from Matt and -- Rountree: A couple of them out there. Meridian City Council August 21, 2007 Page 8 of 67 LJ De Weerd: What -- maybe I should call on the one pacing in the back. Schultz: Good evening, Mayor and Council. Matt Schultz. RMR Consulting, 2127 South Alaska. And, yes, Mayor, we are talking about the Bear Creek Park. You always give me a hard time about -- we are not talking about the Bear Creek Park again, are we? De Weerd: We are not talking about trees -- Schultz: Yeah. Trees and all that, but -- no. It's been several years, but I am glad to be talking about the Black Cat Trunk getting built, because we have been talking about it for a long time and I know it's much needed and -- and I'm here to say that we have worked long and hard on getting these agreements signed and I think it's just been some last second, you know, minor tweaks by the legal department and us coming back and going, well, what about this, what about that, but I think what we have here is a -- or I know what we have here is a very signable agreement and we are -- we have had the contractor on the hook now since June 13 with a bid and so we need to -- we let it out to bid in early June and we have been anxiously waiting to get this awarded. So, it's not so much locking in prices, which is important, but if he doesn't order the pipe the manufacturer is going to give it to somebody else and it's going to take weeks to get a new batch and so we are really anxious to get this approved and moving down the road. Now, I would point out that I know the developer South Ridge is anxious to get back in front of you on this other section as well that's not before you tonight and, hopefully, that can come back before you soon to talk about how that -- how that might get reimbursed and it's part of that Overland Road reimbursement -- or realignment with ACHD. I know that's kind of a priority as well. So, what we would like to have you do tonight, based on assurances that our agreements are in order, is to -- is to concur with our award of the bid to Brown Construction and to approve the agreement subject to getting our signatures and bringing it back before the Mayor here hopefully by the end of the week to start with the construction of the 30 and the 27 and plus the 27 to start a road from Overland Road and get moving. There is a minor point I wanted to bring up in the agreement and Idon't -- it's not a deal killer, but I want to bring it up and see what Council says -- is there is about 60,000 dollars in what we call, I guess, soft costs above and beyond the construction costs. That's your engineering, surveying, project management, fees, permits, all those other miscellaneous costs and we originally had all those costs as reimbursable in our agreements, because the ordinance is a little vague, it says off-site is reimbursable, on site it may be, depending on how you interpret it. We at the last second took all that out because of an interpretation. So, we went from having it in and all the way out and I'd ask that maybe -- maybe a compromise would be in the spirit of the cooperative agreement that we split it and go half on it. It would seem like to be a minor dollar amount of, you know, 50,000, but when we are kind of tight with the banks and the infrastructure costs -- I mean this is a project that will be a hundred percent funded by the developers, we will hand over the keys when it's • Meridian City Council August 21, 2007 Page 9 of 67 • done, with a ten percent letter of credit for a one year warranty and say it's all yours. I mean it will be done a hundred percent, we are financing it -- we are financing all those costs. So, there is a little vagueness in the agreement and we'd just ask that we -- that we maybe split those soft costs and it's an easy little tweak to the agreement and other than that, I think we are -- we are ready to start laying some pipe and get a much needed sewer line in the ground to take the Ten Mile Trunk -- and it's kind of at a capacity issue right now, so it will be good to -- not just for my little subdivision -- the reason I'm involved is I'm managing Shepherd Creek. I'm kind of the canary in the mine, so to speak, but there is a bigger problem than just Shepherd Creek needing service, it is the whole south part of Meridian, Tuscany, and some other subdivisions down there that are temporarily going into the Ten Mile Trunk that need to get taken off and the city has awarded a section right from here to here recently, they have awarded that section. And, then, we are only a half mile -- is all we are is a half mile to getting the whole part of south Meridian cleaned up in terms of the long-term master plan. So, this is a big chunk of it and we are happy to be involved in getting that done and putting it out to bid in accordance with your matrix, which reimburses a certain amount for depth and size and we have done all that properly and I think it's a shining example of a cooperative reimbursement that, essentially, gets the city what would -- normally they would pay a hundred percent for for something of this priority, at 70 percent of the cost. So, I think having a 30 percent reduction is a great way that -- to share that burden and get some things done in a timely fashion and a good price. So, with that we'd ask for your concurrence in awarding the bid to Brown Construction and move forward. Thanks. De Weerd: Okay. Any questions, Council? Bird: I have none. De Weerd: Okay. Thank you. Schultz: Thanks. De Weerd: Any other comments? No? Bird: Madam Mayor? Len, you agree with everything Matt said? Grady: Everything except that -- if there is one clear part of the ordinance it is that on site engineering costs are not to be reimbursed. There is some ambiguity, but that to me is a fairly clear portion of the agreement and so I would -- I would not agree with that. I agree with everything else. I think the agreement that you have in front of us -- I believe it represents what Matt and Kyle and myself agreed to and that's why I brought it forward. I'd be reluctant to see it changed. De Weerd: Okay. i • Meridian City Council August 21, 2007 Page 10 of 67 Bird: I don't disagree with you. Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have a -- I guess a confusion to me. I think I heard Mr. Schultz use the word letter of credit and don't we normally take a bond or something? One, I'm not sure, is there a big difference between those two, but is that a change of policy or is that -- I mean I'm familiar with us asking for bonds, but did I hear letter of credit. Grady: Madam Mayor, Councilman Zaremba, we prefer a letter of credit if we can get one. Bonds we find are difficult at best to cash. When you go to cash a bond, the bank -- you have to prove to the bank that you're supposed to be cashing it and so you're automatically adversarial with the bank. A letter of credit you go down and you cash it and you're done, so it's a much easier, much cleaner instrument, in our opinion. And that's why we are only asking for the ten percent letter of credit just to cover maintenance costs. So, it's a minor substitution and we are okay with that. Zaremba: I guess the reason I ask that is that having been so many years on the Planning and Zoning Commission, I heard bond, bond, bond. Is this a permanent new policy that we are doing for everybody? Grady: You're absolutely correct and certainly if this wa would be going for a bond, because that's our ordinance. doing this and we are reimbursing them, we are takin flexibility, so -- Zaremba: Thank you. Grady: Okay. De Weerd: Okay. Any further questions from Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. s a Public Works project we But because the contractor is g advantage of a little bit of Bird: We would need to do these separately; right? Madam Mayor, if we have no more discussion, I would make a motion that we enter into a cooperative construction and reimbursement agreement of 27 inch and 30 inch sanitary sewer trunk line, Overland Road to Linder Road, between the City of Meridian and Linder 109. This developer. And for the Mayor to sign and the Clerk to attest after the developer has signed. L_J Meridian City Council August 21, 2007 Page 11 of 67 Nary: Madam Mayor? De Weerd: Before we have -- Nary: Oh, sorry. De Weerd: --discussion, can I have a second? Borton: I'll second for discussion. De Weerd: Okay. Mr. Nary. Nary: And, Madam Mayor, Members of Council, also if you would include in your motion -- I mean there are some minor changes that both parties need to complete into this agreement. As long as those get done, then, the developer could sign and, then, we'd have the Mayor sign. Bird: That would -- I would include that in my motion that if there is some other negotiation between the two parties, that that's done and that we sign -- the city, the Mayor, and Clerk sign after the developer has signed after that has been taken care of. De Weerd: Does second agree? Borton: Second agrees. De Weerd: Okay. Zaremba: Madam Mayor, further discussion? De Weerd: Discussion. Zaremba: Somebody made the suggestion that we also need to specify that the contract be awarded to Brown Construction. Is that part of this motion or something separate? Bird: He's working for them, he's not working for us. Zaremba: Okay. All right. De Weerd: I'd rather work for us. Matt, that wasn't a slight. Okay. Any further discussion? Rountree: I have none. Meridian City Council August 21, 2007 Page 12 of 67 De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. The second agreement? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'd move we approve the cooperative construction reimbursement agreement for 27 inch sanitary sewer trunk line, Linder Road to Stoddard Road, between the City of Meridian, Idaho, and off-site developer of Shepherd's Creek, LLC, and on-site developer of Tuscany Development, Incorporated, and for the Mayor to sign and the Clerk to attest after the developers have signed and upon negotiation of the minor points that's left that might need to be done. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor'? De Weerd: Mr. Zaremba. Zaremba: I don't know if it's appropriate, but my question would be about the third portion that we are not talking about, the section that goes Overland Road the other direction where we hope it will be realigned, one, I still want to reiterate our support for ACHD tomorrow at one of their meetings, making that formal. I think this Council in the past has recognized the importance of that realignment and it is part of our old Ten Mile area plan and I think in the south Meridian area plan, but I wanted to reaffirm our commitment to ACHD to have that realigned and, then, I guess that leaves a question when are we likely to hear about that one, anybody know? De Weerd: Len. • i Meridian City Council August 21, 2007 Page 13 of 67 Grady: Madam Mayor, Members of the Council, like Mr. Schultz said, we are working towards getting the second leg of the -- the west leg negotiated. We were finding -- even as late as today we were flipping and flopping, so we weren't able to narrow in the bounds of that agreement. Certainly the city is committed to working with the developer and working towards a resolution of that. As far as the sewer goes in that -- in that line, we are in favor of it. We have an easement, the developer is required to put to and through, so short of just getting this agreement in place, we are not holding anybody up. So, just wanted to stress that, so -- Zaremba: So, we are still showing to ACHD that we are fully behind this and moving that direction, I guess. Behind the realignment. Grady: We -- well, last year Public Works went ahead and worked with the developer to get an easement. I believe it was even prior to the ACHD meeting, just to show ACRD that this -- if we are going to put sewer in here, that's where the road needs to go. So, at least as far as Public Works is concerned, we have finalized that location and that -- that's the support we can lend to this situation. Zaremba: Great. Thank you. Grady: So, I'm -- you know, time is -- we haven't been really quick so far, but I think as far as legal and the agreement itself, I think those terms are already set, so it's really a question now of fine tuning payback terms and that type of stuff, So, we are committed. De Weerd: So, I guess, Len, it's possible that could be on our next agenda September 4th. Grady: It certainly is possible. De Weerd: Okay. Grady: We will do our part. De Weerd: Thank you. Zaremba: Thank you. De Weerd: Okay. Anything else, Council? Rountree: I have nothing. Bird: I have nothing, Mayor. Item 7: Items Moved from Consent Agenda: Meridian City Council August 21, 2007 Page 14 of 67 • De Weerd: Okay. There were no items moved from the Consent Agenda. Item $: FP 07-024 Request for Final Plat approval for 44 detached single-family building lots, 24 attached single-family building lots, 2 private street lots, and 10 common lots on 9.52 acres in R-4 and R-15 zones for Jericho Subdivision by Heron River Development, LLC - 6055 and 6185 North Jericho Road: De Weerd: Item No. 8 is FP 07-024. Anna. Canning: Madam Mayor, Members of the Council, we do have a letter from the applicant stating they are in agreement with the conditions of approval and there are no outstanding issues that we know of before Council. De Weerd: Okay. Excellent. Council, I would entertain a motion. Borton: Madam Mayor? De Weerd: Yes. Borton: I move we approve Item 8, FP 07-024. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: RZ 07-011 Request for a Rezone of 0.77 of an acre from C-C to an O-T zone for Shaylee Estates by Tealey's Land Surveying - 1402 & 1414 North Meridian Road: Item 10: Public Hearing: PP 07-010 Request for Preliminary Plat approval of office building lots, 6single-family residential building lots and 1 common lot on 0.77 of an acre in a proposed O-T zone for Shaylee Estates by Tealey's Land Surveying - 1402 & 1414 North Meridian Road: Item 11: Public Hearing from June 7, 2007: CUP 07-010 Request for Conditional Use Permit to construct 6 town homes in a proposed O-T zone that do not Meridian City Council August 21, 2007 Page 15 of 67 meet the criteria of the Downtown Meridian Design Guidelines for Sh_ aylee Estates by Tealey's Land Surveying -1402 & 1414 North Meridian Road: De Weerd: Okay. Items 9, 10 and 11 are Public Hearings on RZ 07-011, PP 07-010, and CUP 07-010. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Shaylee Estates project. It's located not too far north of here. It's on the east side of Meridian, approximately a quarter mile south of Fairview Avenue. As you can see there is two existing homes on the site. The applications before you tonight are a rezone, a preliminary plat, and a conditional application. The proposed development includes the rezone of .77 acres from CC to OT and a preliminary plat approval of two commercial lots, six single family residential building lots and one common lot on the property. Concurrently the applicant requests conditional use approval to construct six townhomes in the proposed OT zone that do not meet criteria of the downtown Meridian design guidelines. The CUP request is only for the six easterly single family building lots. Any future renovation of the existing structures will be done under the requirements of the OT district and will be subject to compliance with the downtown Meridian design guidelines. The two redefined westerly lots will have new parking areas developed behind the existing structures that remain, but the buildings themselves will not be modified. I think the landscape plan shows it best. You can see the two existing buildings, they are each about 12 to 13 hundred square feet and it will have a central drive aisle and, then, cross-access going north-south with the parking off of that and, then, you will enter the courtyard for the six townhomes. The gross residential density is 7.8 dwelling units per acre and, then, we will have the two existing residences that will be converted to offices. And, again, they are about 12 to 13 hundred square feet each. All other structures, including the detached garage on the site shall be removed prior to development of the property. And staff has -- or the planning commission has recommended a development agreement. Some of the site specific requirements of that would be to really detail the applicant shall comply with the design guidelines for the two office lots, Lots 1 and 9. And also that the applicant needs to obtain CZC approval for the office in one of the current homes and he has already submitted that application. And the third one is with a reference to the CZC. But as I mentioned before, he did submit a certificate of zoning compliance for Talon Construction already. I do have some elevations for you and these are of the townhomes. The front elevation faces the internal courtyard. The west elevation faces Meridian Road. The east elevation will face the neighbors to the east. Sorry. A little redundant there, but -- the rear elevation faces both north and south. And these are the two homes -- existing homes that will be spilled up as they are made into office. The Planning and Zoning Commission recommended approval at their July 5th Public Hearing. Andrew Davis of BSR Architects and Mark Johnson and Bond Campbell all spoke in favor. No one spoke in opposition. Susan Hadley commented on the project. The key issues of discussion by the Commission were the construction of a private street and sidewalk from Meridian Road to the townhouse units on the interior lots. Well, it's Lots 2, 3, 4, 6, 7, 8 and -- of Meridian City Council August 21, 2007 Page 16 of 67 Block 1. And the location of trees within the common lot on Lot 5, Block 1, outside of the future sewer easement -- and let me go up to the -- you can see the landscape plan shows trees, but that only serves as a sewer easement. The key Commission changes to staffs recommendation were to modify the condition to state that no new trees may be located within the sewer easement, however, the trees may be located on a common lot if they are outside the easement and to strike the condition of approval which required a 25 foot wide buffer adjacent to Meridian Road. That buffer is not required in the Old Town district. The outstanding issues for City Council -- we just wanted to give you the updated and as I mentioned before, we have received that certificate of zoning compliance already. There has been no additional written testimony since the staff report and to our knowledge there are no outstanding issues before City Council. And with that I will answer any questions you may have. De Weerd: Anna, did you have comment from the MDC? Canning: MDC was aware of this. They have not provided comment to my knowledge. I can search through the file. But they -- they were involved in the process and are aware of it and we have discussed the sewer in general -- the location of sewer along the back lines and some of the future issues related to sewering the area. De Weerd: Okay. And did you mention these fall within the design guidelines? Canning: The design guidelines are written for commercial projects and because these are residential they don't -- they don't comply and that's the only reason he's applied for the conditional use. It wasn't for the townhouses. They are a principal permitted use. The conditional use is because he's not able to meet the design guidelines for the residences. Let me go back to the site plan one more time, because these residences are quite a ways from Meridian Road. They are at the back of the site. He not's asking to be exempt for the existing structures. The thought is that as those redevelop that those will be brought forward to Meridian Road and developed under the full design guidelines or the guidelines in effect or in place for that property at the time. De Weerd: Okay. Council, any questions? Bird: I have none, Madam Mayor. Rountree: I have none at the moment. De Weerd: Okay. Zaremba: Just one and I understand that the current design guidelines don't include residential, but it would be possible that up and down Meridian Road there might be more projects that bear a similarity to this. Is MDC thinking of making design -- residential design guidelines that would be appropriate? Meridian City Council August 21, 2007 Page 17 of 67 Canning: No. We are. Zaremba: Okay. ~~ Canning: And, Madam Mayor, Members of the Council, Councilmember Zaremba, we - - actually Will Thornton is working on those and we have asked to schedule apre- Council to go over some of his initial work and get Council's thoughts in moving -- so, that he can move forward on those. But he's coming up with some great ideas and they would include residential in this Old Town area. And I do want to point out that this -- this is the elevation that will face Meridian Road and the applicant has dressed this one up a bit compared to the one that faces to the rear of the lot. They have introduced some new materials and -- into that. De Weerd: Okay. Zaremba: Thank you. Canning: Sure. De Weerd: Okay. Is the application here tonight? If you will, please, state your name and address for the record. Johnson: Madam Mayor, City Council, Mark Johnson, 12389 West Bowmont in Boise, Idaho. De Weerd: Thank you. Johnson: On behalf of the property here in Meridian, 1402 and 1414, we have -- we have designed something that we think will be very welcomed for in-fill in the city. I'm very much in favor of -- and been part of the Meridian Development Corporation design guidelines and familiar with them and planning on using those for the front two office sites. The preliminary plat separates those two sites and am very much in agreement to meet with the city attorney on that part of the agreement. I think this is going to be a great in-fill and I think we are kind of pioneering something in the Old Town district. I'm excited about this little project. Hopefully, it's the first of many, so I would be glad to answer any questions. De Weerd: Council, do you have questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council August 21, 2007 Page 18 of 67 Rountree: If Mr. Johnson would explain the building to me it would be helpful. Am looking at nine units or -- aside or just one -- three single units? What am I looking at? Johnson: If we can go back to the landscape site plan. Thank you, Anna. The back of the property is 223 feet deep and so the back half of the residential is two buildings of three units each. In our original survey that we did we thought we had a sewer line that was 20 feet off the back of the property. We have now found, after further research -- and we actually found a manhole buried in the weeds back there -- it is pretty much right on the property line. So, it was kind of funny at the Planning and Zoning that the members were saying, you know, we have to tell the developer not to put trees in, but, actually, we worked that out and we -- and that was quite the important part back there, that common lot was kind of a park setting for the six townhomes. So, again, it's two buildings, three units each. They are called two story, but they are actually three story in elevation, the first story being a garage and entry. And we have dressed them up. We want them to look nice. We want them to be very inviting. We worked with ACHD. One of their requirements was to put sidewalks across the frontage. We encouraged that and drew it on our site plan. We want the entrance to be inviting. Wasn't excited about the private road, but I'm willing to make concessions. The fire department needs their turnaround and there was addressing concerns that they had that we have addressed and agreed to. De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: So, if I'm looking at the garages right, that center courtyard is a concrete drive aisle? Johnson: Correct. Borton: Okay. Johnson: Correct. The two buildings of three townhomes each face each other and they -- and with the common lot on the west -- on the east side of the -- De Weerd: Do you want to switch your screen. Thank you. Johnson: Yeah. The -- Borton: So -- Madam Mayor? De Weerd: Uh-huh. ! ~ Meridian City Council August 21, 2007 Page 19 of 67 Borton: So, this is concrete? Johnson: Correct. Borton: To get into the garages and this is the common area you're talking about? Johnson: Correct. Borton: Okay. Johnson: Separated by an island -- landscape islands separating the parking for the future office buildings. Borton: Right here you mean? Johnson: Correct. De Weerd: Okay. Any other questions? Okay. Thank you. Johnson: Thank you. De Weerd: This is a Public Hearing. I did have a couple people signed up indicating their support of this application. Kimberly Johnson signed up for. Would you like to provide testimony? Okay. And Bond Campbell signed up for as well. Campbell: Madam Mayor, Members of the Council, I am -- my name is Bond Campbell. live at 9536 West Hillsgate in Star, Idaho. I own the adjacent property immediately south of these two parcels. So, essentially, Mark is my neighbor to the north. And I did come to the Public Hearing for Planning and Zoning in support and in support of his application for this property. He and I both are advocates for the Old Town zone and I have my own visions for this parcel and they do I think work well with what Mark has planned for his -- for his use. I don't have the existing structures up front like Mark does. The little house that sits on this parcel that I own to the south is a little tiny old house that's been there for a long long time that is ready to retire. So, I would -- my vision would be for something -- something of a modern new commercial use that would be along the lines of the Meridian Development Corporation's vision for the Old Town zone and the structures being right out to the sidewalk and so although my property would have a little bit different use than what Mark has proposed, I think the two work together with each other and I guess that's it for my comments. De Weerd: Okay. Campbell: I would be, obviously, willing to answer any questions you might have. Meridian City Council August 21, 2007 Page 20 of 67 De Weerd: Thank you. Council? Rountree: I have none. Bird: I have none. Rountree: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Is your parcel listed for sale right now? Campbell: It is. Borton: Okay. All right. Thought so. Campbell: Yeah. Borton: Okay. Thanks. :7 De Weerd: Okay. This is a Public Hearing. Is there anyone else who would like to provide testimony on this application? Okay. Seeing none, any final remarks from the applicant? Mr. Johnson? No? Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Having given the public opportunity to testify and heard all comments, I move we close the Public Hearing on Items 9, 10 and 11. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearings on Items 9, 10, and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Zaremba: Madam Mayor? • Meridian City Council August 21, 2007 Page 21 of 67 De Weerd: Mr. Zaremba. Zaremba: I would comment that it appears this would be an excellent addition to the Old Town area. I'm one of those that always asks for something interesting and different and this looks interesting and different to me and hope we get more of them. With that I would make a motion that we approve Item 9, RZ 07-011, to include all staff comments. Bird: How about applicant? Zaremba: Uh? Bird: How about applicant comments? Zaremba: Didn't hear you. Bird: Staff and applicant -- Zaremba: Oh, yes. Staff and applicant comments -- Bird: Second. Zaremba: -- are acceptable on that one. Bird: Second. De Weerd: I have a motion and a second to approve Item 9. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: For discussion and/or direction to staff, I guess I want some assurance that the DA will get us what we see or something better. I have been flipped one too many times. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I might take Councilman Rountree's comment one step further and -- all things being said, it's not an application and presentation .that I'm in support of, all things considered. I think some of the design concerns that Councilman Rountree alludes to • Meridian City Council August 21, 2007 Page 22 of 67 are great concerns to me and this is a really unique area in what Meridian Road's going to become and Old Town is going to become and this particular design and the compacted concrete presentation on these -- on these two lots is an extremely challenging lot. I see the type of development in this area being facilitated better by some property assemblage which allows a more diverse type of product. You know, I have concerns when Isee -- appreciate a dressed up facade facing Meridian Road. I'm equally concerned with all fronts, because there is property owners, by way of example, to the north that will at one point redevelop and be facing that facade and on the south as well, as we have heard. So, it's not something that I'm in a rush to redevelop in light of some of the designs, concerns, and property assembly and opportunities that there are to the area. So, I appreciate any desire to improve and update any Old Town property, but I'm not comfortable going forward with what's presented. De Weerd: Okay. Any further discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 10. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve PP 07-010, again, including all staff comments and the applicant's comments. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 10. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. And Item 11. Mr. Zaremba. Zaremba: Madam Mayor, I move that we approve CUP 07-010, again, to include all staff comments and the applicant's comments. Bird: Second. • • Meridian City Council August 21, 2007 Page 23 of 67 De Weerd: Okay. I have a motion and second to approve Item 11. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Thank you. I guess to staff, the sooner we can get this workshop and some of Will's ideas on design in front of Council, it kind of reminded me of something that we saw at 2nd 1/2 Street that was a little bit similar. This is better, but similar to some of the comments by Mr. Borton. So, we will work on getting that scheduled. Item 12: Public Hearing: AZ 07-009 Request for Annexation and Zoning of 22.67acres from R1 to C-G Zone for Queenland Acres by James Prather -Southeast Corner of South Stoddard Road and West Overland Road: De Weerd: Okay. Item 12 is a Public Hearing on AZ 07-011. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Queenland Acres project. It's located on the southeast corner of Stoddard Road and Overland. The applications before you tonight are just for annexation and zoning. The proposed development is annexation and zoning of 22.67 acres to C-G. The applicant has submitted a conceptual development plan -- or plans that show approximately 125,000 plus or minus square feet for a big box retail building and, then, three mid range box retail sites that are about 20,000 square feet and, then, two 6,000 square foot building pads and one 10,000 square foot building pad. So, we have got the large box, the three that are about 20,000 square feet and, then, the smaller pads out toward the front and this is the 10,000 square foot pad. There is an existing -- the plan also shows access points to Stoddard Road and Overland Road and the extension of an existing stub street to this property from Bear Creek Subdivision from the south. So, there is a stub street from Bear Creek. The southern part of this property has been zoned for some time. It's the northern portion that is primarily coming in and it has been zoned commercial. It's getting to look like I might have misspoken. Was this the one that wasn't zoned after all? Okay. I'm sorry. There was confusion. It's been on our zoning maps for years, but it actually wasn't annexed. So, this is the annexation for the full property. I apologize for that confusion there. Okay. So, back to Alaska Street. This was done -- the stub street, when it was put in there, we thought this property was zoned as commercial, is I guess what I should say. So, staff has advocated for that stub street to be continued and you will hear a lot about that tonight, I believe. I did want to take a moment to talk about that. The granting the public cross-access to -- from Alaska Street will allow the public from Bear Creek Subdivision to access the commercial uses on the site and would insure that that drive aisle access could not be closed in the future. Staff is concerned about creating a vehicular path that would encourage cut-through traffic, but Meridian City Council August 21, 2007 Page 24 of 67 we think this one's designed so that it would not do that. We have received a letter and petition with 236 signatures by the Bear Creek Homeowners Association in response to this application. The letter requests that the City Council either vote in opposition to or consider a more compatible zoning for the proposed development to provide more of a transition and zoning between the proposed commercial uses and the existing residential properties. I do have some photos that are illustrative of the big box that's being proposed and some of the mid size -- mid size retail stores. And, finally, the pads. So, we don't have elevations, but we do have concept photos. This is to illustrate the buffer and I'll let the application explain that one. These are examples of a landscape buffer behind Target on Chinden and Eagle, adjacent to a residential neighborhood. The Commission recommended approval at their July 19th Public Hearing. James Prather and Scott Stanfield spoke in favor of the application. Jim Kouril spoke in opposition and no one commented. We received written testimony from Brian Beckly, who is the vice-president of the Bear Creek Homeowners Association and that testimony included a petition with those 236 signatures. We also received written testimony from Scott Anders and Aaron Neil. The key issues of discussion by the Commission were the dual landscape buffers bisected by a drive aisle along the south property boundary adjacent to the residential homes, with a 60 foot building setback. They also discussed the location of loading docks for buildings along the south property boundary. They discussed requiring a block wall along the south property boundary. And they talked about restricting uses along the southern portion of the property to only those uses allowed in the C-N zone. And, finally, they discussed the extension of Alaska Street from Bear Creek Subdivision into the site. The key Commission changes to staffs initial recommendation were that they required a minimum 60 foot wide separation between the residential uses along the southern property boundary and the rear of all buildings. So, it would be a 60 foot setback from the rear -- the southern property line. Within the 60 feet there was to be a 25 foot wide landscape buffer and, then, a drive aisle and, then, an additional buffer at the rear of the buildings, with an allowance for access to loading areas for small retailer buildings on the southeast portion of the site. So, they did allow for some loading for the three smaller ones, but not for the large box. They required the applicant to replace the existing fence with the property owner's consent along the southern boundary of the site with a six foot tall concrete block wall. And they required the building pad proposed on the corner of Stoddard and Overland to be situated so that the parking is evenly disbursed around the front, rear, and sides of the building, as shown on the concept plan, or situated closer to Overland Road, similar to the structures depicted on the northeast corner of the site. So, basically, they said one row of parking in front of the building is okay, but no more. Finally, they did not require Alaska Street to be extended into the site as a public or non-public street, but they did require Alaska to be used as an emergency access point and a pedestrian pathway into the site. Outstanding issues for City Council. ACHD and city staff would prefer that Alaska Street be extended into the site for vehicular use. And, again, the Commission requested that Alaska Street not be extended. And, finally, the outstanding issue for City Council would be the appropriate zoning designations for this property. There is a DA proposed. The site specific provisions of that DA include • Meridian City Council August 21, 2007 Page 25 of 67 • that prior to issuance of the CZC that we need recorded documents granting vehicle cross-access and cross-parking to the Lowe's site just to the east. The DA does still contain the provision for the public stub street, Alaska Street, and Bear Creek Subdivision, so we will need to deal with that one one way or the other tonight. The third one is the access points to or from the site are limited to those shown on concept plan and as approved by ACHD. The drive aisle legs off the internal full access points to and from Overland and Stoddard be constructed as shown on the concept plan. Two building plans shown on the concept plan at the northeast corner of the site should have no parking stalls between the buildings and Overland Road. The building pad proposed at the corner of Stoddard and Overland -- so that would be situated so that parking is evenly disbursed and development of the site shall be generally consistent with the conceptual building elevations and site plans submitted with this application. Individual buildings with this in development shall be limited to 50 percent over or under the sizes shown on the concept plan and the minimum number of buildings allowed on the site shall be five as shown on the concept plan. The following uses shall be prohibited along the south portion of the site. Fuel sales facilities, building materials, garden equipment, and supplies and vehicle washing facilities. Then, prior to issuance of the first certificate of occupancy construct amulti-use pathway through the site from Alaska Street. And, finally, the trees that currently exist on the site shall be retained or mitigated in consultation with the parks department. So, there are several site specific ones on this DA as you can tell. And with that I will answer any questions Council may have and Mayor. De Weerd: Okay. Thank you. Mr. Zaremba. Zaremba: Madam Mayor, just an orientation question. Is there a view that also includes the property around it and would show where the stub street is? Okay. So -- oops. Wrong way. This is Alaska Street, is that what that is? Canning: Yes. Zaremba: Okay. That was my question. Thank you. De Weerd: Okay. Council, anything else at this point? Bird: I have none, Mayor. Rountree: I have no questions. De Weerd: The applicant? Good evening. Prather: Good evening, Madam Mayor, Council -- Councilmen, staff. James Prather. 707 East United Heritage Parkway, Suite 150 in Meridian. Along with me today as well is Scott Stanfield of Mason Stanfield Civil Engineers and Surveyors. If you have been Meridian City Council August 21, 2007 Page 26 of 67 • out to this site in the last, oh, week or so or within the last three or four months, you will recognize it is a mess. Not only is Lowe's being constructed, but we also have Overland Road being constructed from Meridian west to Linder. There will be a traffic light, obviously, at Stoddard, but as well there will be a traffic light at the quarter corner. We have arranged that -- as you have already -- it's already been done, but the owners of the water park had agreed that we move the -- their entrance from -- it's probably about 150 feet west, so we could line up with this -- with our property line here. Right here. So, we will have a traffic light there. We will have one at Meridian, one at the quarter corner, and, then, one at Stoddard. And, then, hopefully, in a couple of months all that -- all that will be finished, So, again, it's 22 and a half acres. All we are here for is zoning and annexation this evening. Anna, could you just roll it forward one, please. Over to the site plan. This is our first attempt. Originally, what we would call a bubble plan -- that is you can see the layout, that's virtually exactly what we have done. We have used on the left side where this 12 acre retail pad would be, this is the bigger box to the left. Roughly 125,000 square feet, followed up by these mid range boxes, totaling about 60,000, give or take. And, then, the three pads up here on the -- on the street. Now, as far as access is concerned, we think we have done a great job doing that. We have two full accesses on Stoddard, the light -- the signal at the Stoddard and Overland intersection and, then, aright-in, right-out and, then, two full accesses going down the center of the property, along with being able to -- to go out at the signal. And as you can see from here, we have tried to do a really good job in keeping traffic connecting from Stoddard all the way to Overland. This map does not show it, but this goes down in front of Lowe's and, then, trickles down and if you're going south, you will be able to get out just south at Walgreen's and, then, head south on Meridian Road. So, we believe we have done an adequate job in getting traffic to cross-connect. Now, concerning the stub road, there is going to be more comment on this later, but we have agreed with ACRD and with staff to -- according to what they have asked us to do, but I'd just like to go on the record -- I live not very far from here, so I travel up and down this road each and every day probably two or three times. I know traffic patterns. I know when the heaviest traffic is in there and I know when it's calm and when you can get through there with ease. But I'd just like to say that I think there will be two -- this is concerning the people coming out of Bear Creek in here. There will be two speeds that people will go. They will probably be ten miles an hour to 15 miles an hour if they are just going into shop. Just like we all do, we kind of take our time and pick our store and find a convenient place to park and, then, we go in. Then, the second speed will be those who are on their way to get to the traffic light here and get to the freeway. And I'm assuming that will be just about as fast as they can get there, because coming out early morning -- now, it's early in the morning, late in the evening, there is a tremendous amount of traffic coming out of here. I am just concerned for pedestrians in here if this road goes through. It's supposed to -- what the city would like us to do is come through here, out, and, then, up into this area. We have agreed to that, but I think we may have a pedestrian problem because of the speed of what I think a lot of people in Bear Creek are going to use to get to the traffic light to get to the freeway. Concerning -- I agree and in support of staff -- staff conditions just excluding a couple. And on the staff report Meridian City Council August 21, 2007 Page 27 of 67 l J it's actually found on page 12. It has to do with lot sizes. Right at the moment we, obviously, can't enter into a contractual agreement, because we don't have any legal descriptions, but it's this particular one here. We are on an all out assault to try to bring a soft good user to this neighborhood. A grocery store. And we are having a heck of a time. However, just within the last couple of weeks we have entertained a larger box grocery store, but in order to get this store you also get the hard good side and I'm referring to Fred Meyers. I have asked them if they would just come and bring their food only and the answer to that was quick and that's no. If you get food you get all the rest of it. And they area 170,000 square foot building and this particular one now, even with the -- it's 125,000 shown, but even with the up it would only -- with the 15 percent that -- that is within this agreement, would only get it to about 140,000. So, what I'm asking is to try to facilitate a grocery store I need enough leeway to get one in. So, I'm asking as part of this -- the DA that I'm going to sign is just on this one allow me to go up, if I have to, to 170,000 feet. There is still plenty of room to park, it's not an issue of overdevelopment. But in the event that I don't need it, I'll just go back down to the size of the tenant that we do get. Also, in the same bullet point -- it's actually bullet two on page 12 of the staff report, it's also noting that I will do at least five lots or five pads and I'm asking, since this is not a plat, I'm asking just for a little more leeway in there. If we could go from four to maybe six, because right at the moment, not knowing the market, just to say five puts me in a -- in a situation I'd rather not be in. So, in that particular point if it could just read four to six. Concerning the walkways, we will do a very nice job for the pedestrian walkway. We will do it exactly how staff wants us to do it. We will do it eight feet wide and we will stripe it -- excuse me. Not stripe it, but we will -- from the -- it's going to go up here. In between the drive aisles we will make sure that it's either pavers or scorched concrete to separate, so all the pedestrians will know and we are assuming that a lot of pedestrians in Bear Creek will use this. Not just to shop, there will be some fast food pads up front and a variety of perhaps two or three users in here that they will want to walk to and in the summertime they will, obviously, want to try to walk over to the water park. So, we are going to provide them a very nice walk to do so. Now -- Anna, if you will roll it back to the very last picture concerning -- one more. Concerning we have worked with the neighborhood, not only at our neighborhood meeting, but in the times that we spent at Planning and Zoning and, then, several times on the telephone. What you find here is -- in these three pictures, this is the target store on Chinden and Eagle and this just happens to be the east side of the building or the back side. We are concerned, obviously -- we have residential to the back -- to the south of us and we are very sensitive to the fact that they are there. This is what we have proposed, is, one, restricting the use -- the C-G use, and the south side of this property make it just the C-N uses, which will limit what we are doing and the more high intensive use will go up on the -- on Overland Road. But in the back we have agreed to put up a six foot concrete wall. We will take down the existing five foot vinyl fence, we will take that down, and, then, buttress in all of their perpendicular fences into a six foot solid decorative concrete wall. And, then, to buffer you can see here -- this is, actually, one of the best -- in my opinion, one of the best jobs in town at trying to do this. On the very end there is a concrete wall -- well, you can see it right in here. It's six foot tall. Meridian City Council August 21, 2007 Page 28 of 67 • Now, this is probably three or four years old now, so the landscaping is just about what you can see. It's really grown in and met in between the deciduous trees and the pine trees quite nicely. This is what we plan to do. And as you can see, we have to have -- in order to access all this property we have to have the road, we will do the same thing, and, then, we will double buffer right in here. So, what the neighborhood will get is a 60 foot from the back of our property line to the back of this wall will be 60 feet with this kind of landscaping. There are some other questions that -- well, I believe I have answered -- I have taken a lot of phone calls from the neighborhood and I think I have tried to answer everything that they have asked me to do. So, I will stand for questions. De Weerd: Council, questions? Rountree: I have none at this time. De Weerd: Okay. Thank you. Rountree: Madam Mayor -- De Weerd: Oh, yes. Rountree: On the example you show us, the building materials are not what we would typically see in the rear side of a building of that size. You'd probably normally see just plain concrete block. Would you continue the architectural aspect, as this building indicates, around whatever box that might go in there. Prather: Anna, if you will go back to the site plan, please. I just want to show you, Councilman Rountree. What we have agreed on -- and I kind of omitted this -- to dock this thing from the west. We can't do it here, because it's just physically not possible. But on the larger box get it to the west, but -- and, then, I want to go back to the picture, if you don't mind. This is what we are talking about. It would -- it would doc, to the side. Now, as far as building materials go, this is one of the only targets I have seen that is actually done -- this is a class development, not only in the landscaping, but on the way that boxing was put in. I cannot say -- Fred Meyers, in my opinion, if we get Fred Meyers -- I'm not saying we are, but I'm a big proponent of making this one of the nicest centers -- as a matter of fact, the only center we have out there. So, as far as building material, I would like to see that as well. Fred Meyers is a tilt up structure. If Fred Meyers is the tenant, it's a tilt up structure will all sorts of -- well, I'm sure you have been in one, Council. I want it nice. De Weerd: Okay. Anything further? Okay. This is a Public Hearing. I do have one -- amember from the public that is signed up, Jim Kouril -- Kouril. Thank you. Signed up against. If you will, please, state your name and address for the record. Meridian City Council August 21, 2007 Page 29 of 67 Kouril: Kouril: My name is Jim Kouril. Last is K-o-u-r-i-I. 374 West Davenport Court, Meridian. 83642. Canning: Madam Mayor? De Weerd: Yes. Canning: May I ask Mr. Kouril what the name of his file was? I have missed -- I don't see it on my desktop. I know I have it. Kouril: Queenland. Canning: Thank you. De Weerd: And, Jim, are you the homeowners association representative? Kouril: Yes. De Weerd: Okay. I just want to give you extra time, then. Kouril: Okay. Thank you. Madam Mayor, Council, a little bit of background on the Bear Creek community. There was a petition submitted, the petition contained 236 signatures and I believe it was submitted to you in July or to the city in July. We are concerned about development in our area. The issues with home values, traffic, and quality of life. A little bit of background. Bear Creek is a planned community. There are 354 residential homes, values from 300,000 to 900,000 dollars. We have pedestrian walkways which lead to Bear Creek City Park. We have lighted streets with lighted walkways, planted medians. We have separate entrances with plantings and we have street trees. Go ahead and bounce to the next one, because I gave you the wrong one. Thank you. Just going to show you a little bit. This is -- the Bear Creek neighborhood is actually this entire area through here, with the Queenland development up here and the Lowe's commercial development right here. So, I'm going to show you a couple of pictures later which have just part of Bear Creek, but you need to consider the entire subdivision here. Some issues, of course, land use zoning, traffic issues, the values of our homes, visual pollution and noise pollution. The current zoning is an R-1 with a proposed C-G being proposed by Mr. Prather, a 200,000 square foot building with 65 foot tall walls, minimal buffer. However, P&Z has expressed that it's going to have a larger buffer, the 60 foot buffer. What's important is that Meridian's Comprehensive Plan states that redevelopment of this type of area is to be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, the transportation issues associated with it and the proposed development of the property. And I can tell you right now that you have the wrong Powerpoint presentation up there and that might be my fault. So, what I'm going to do Meridian City Council August 21, 2007 Page 30 of 67 1._J is I'm going to -- I'm just going to kind of wing it off my notes. What's important is -- Canning: Jim, let me be the one -- pardon me, Mayor. That may be the one from the P&Z that was left on there, so let me -- I have another one. Let me see if that's it. Kouril: Okay. It would be the other one. Same name. Queenland. Canning: Is this looking better? Kouril: Oh, that's a good one. Canning: Okay. Kouril: Leave it there. Thank you. And I'm glad you found that, because that is an example of visual pollution. That is the Lowe's project. That is what has been approved by the city and that's directly out of a neighborhood in Bear Creek, a backyard. Again, in the land use we are very adamant about having transitional zoning simply because the Comprehensive Plan says that you will have transitional zonings to buffer commercial projects from residential neighborhoods and you saw a prime example of why the city has that in the Comprehensive Plan. The big issue in this is we have vehicle traffic. A C-G zone there is going to be a large amount of traffic. The stub street Alaska Way will serve no purpose. It's not a through street. The traffic dump in the parking lot will have no clear route. There is safety issues, as Mr. Prather expressed, too, with traffic weaving through the parking lot. Mr. Prather, the Queenland developer, Lowe's, and Bear Creek residents do not want the stub street to continue. Through traffic invites traffic into Bear Creek, it creates more opportunity for crime and long-term problems. And this example here, just to show you, there is no direct route. Unsafe driving conditions. It's a poor design. And the larger question is this stub street will really only serve about 40 residents of Bear Creek. The picture I showed earlier showed the top portion of Beer Creek. There is the entire southern portion of Bear Creek, which has much easier access to this development, coming up out of the Bear Creek Subdivision and up Stoddard or coming up Meridian Road and up to Overland and over to the project. The Commission -- the P&Z Commission recommendation did not require Alaska Street to be extended into the site as a public or nonpublic street, but did require it to be used as an emergency access and a pedestrian pathway. I also read in the report local access signs were recommended. And local access signs will mean nothing to the people cutting through the parking lot and the neighborhood. It is not safe, they are not going to be enforced anyway, so it would just be a waste of signage, and I believe that the City Council needs to communicate this to the Ada County Highway District. This is a little bit better picture of the area, because it is -- explained earlier the 40 houses that are going to be -- that would be -- the only benefit would be in this area here. This is the stub street that we are talking about. The large ugly building that we call Lowe's sits right here and the Queenland development goes Meridian City Council August 21, 2007 Page 31 of 67 from this point here to Stoddard Road here. Now, if traffic is starting to shoot through from Overland down, one way they might be able to do it, instead of going as recommend by the city, weaving in and out of the parking lot, which is a hazard, but they might just race down the side of Lowe's and into -this neighborhood where we have these homes, we have a cul-de-sac here, and this is a common area for kids to play. Then, they are going to end up weaving through the neighborhood maybe to get out onto Stoddard to head south or back out to dodge any lights out onto Meridian Road, which sits over here to head south to Kuna. Again, only 40 homes it benefits. People can walk to the store saving fuel and reducing emissions and the reason I threw that in this slide is because one member of the highway district mentioned that the highway district is trying to encourage people to save fuel and reduce emissions. Now, granted, if we are going to go to Lowe's and we are building a project, we are going to take a vehicle, we are going to take a pickup so we can load it up. But if we are going to go to the store to buy milk or bread or simple things, why not just walk over to the store, save fuel, reduce emissions. Stub roads have not always been continued and I bring that point up, because the highway district said -- and I believe it was said here, it was posted as a potential through street and I have an example of where there was a street posted and it did not continue. And that is right here. The stub street -- this is the Lowe's project up off of Eagle and, again, this is a stub street that was not continued. So, by saying just because it's posted we need to continue it doesn't fly, because it hasn't been continued here. What we are proposing -- and I have spoke a lot with Mr. Prather about it and I do appreciate his concern -- is a pedestrian walkway. This is the pedestrian walkway -- I believe this is the Hobble Creek Subdivision, which is near the very nice target up on Eagle and Chinden, I believe, and I took some pictures of this to show what we would hope to achieve, something that's nice like this, a nice walkway, it's got nice landscaping -- there is a neighborhood hidden back in here, which is key, because we can't see the neighborhood from the commercial development, which means the neighborhood can't see the commercial development from that end. This is the target on the south side of it. Again, here is the walkway. Here is a service street that they have. In this next picture -- and I -- when I testify in front of the Council, I am testifying truthfully, this is not a staged picture, I was out there taking pictures and this mother and her daughter were out riding a bike on the walkway next to a commercial development and I know the city believes in commercial development and I know the city also believes that this is a city for families to be raised, it's a city to enjoy and live. And I think if we all work together we can have a very nice commercial development and we can have places that families can enjoy like you're seeing here. So, we request that, you protect our quality of life, do not allow the stub road, do not increase the traffic in our neighborhood, and help insure the safety of the children in the neighborhood. And I stand for any questions. De Weerd: Thank you. Any questions, Council? Borton: Madam Mayor? • Meridian City Council August 21, 2007 Page 32 of 67 De Weerd: Mr. Borton. Borton: Nice presentation by the way. Kouril: Thank you. Borton: It sounded like when you started the concern was opposed to the project as a whole and, then, finished as though the association's opposition lies primarily upon the stub road and traffic. Kouril: Correct. So, I did a good job on that. Borton: You like the idea, you like the project, but let's address the traffic, stub road issue, as the primary concern or -- Kouril: Correct. Yeah. Borton: Okay. Kouril: We understand that commercial development will occur. What we don't want is we don't want another Lowe's like I showed you that picture in working with Mr. Prather. P&Z recommended a dual landscape boundary, the delivery entrances on one side. The neighborhood is pleased with what's going to go on landscapewise and buildingwise. And our big concern, though, is that stub road for safety is to have a walkway. Borton: Okay. Rountree: Madam Mayor, I believe you answered my question, but I'm going to ask it again just to make sure I'm hearing you right. Was there anything that you would add or object to that Mr. Prather presented in terms of the landscaping and the barrier between the residential and the back of the commercial building, if this were to go forward? Kouril: If I understood your question correctly, I think an easy way to answer that question is the P&Z and examples you saw here earlier tonight, the Target -- the backside of Target has been displayed in photographs and that is what our belief is that will occur and I believe Mr. Prather and I are on the same page with that, the dual landscaping with the service road. So, I would -- the neighborhood is pleased with that decision. Rountree: Thank you. Kouril: Thank you. ! • Meridian City Council August 21, 2007 Page 33 of 67 De Weerd: And I guess to further elaborate, your suggestion is to end the stub and make it a pedestrian access with similar connectivity that was shown, again, using the Target example at Chinden and Eagle. Kouril: Yes. And I understand, too, though, that because of where some of -- it all depends on the layout of the project. I don't see Mr. Prather going from a stub street to just a sidewalk. I see a little bit of landscaping to help it fill into his development. It wouldn't make sense to have a sidewalk that just walks you right into the back of a building and I think we can work together on that. I mean I have spent a lot of time talking with him, he has a lot of great ideas, he is listening to the neighborhood ideas and I think we can come to a solution that would benefit the city citizens, benefit the neighborhood, and benefit his development. De Weerd: Well, you can tell he's talked to the neighborhood, because, otherwise, this room would be full, so -- Kouril: Yeah. De Weerd: -- appreciate that. Any other questions from Council? Rountree: Madam Mayor, I have a question for Mr. Prather's engineer. Stanfield: Mayor and Members of the Council, Scott Stanfield, 314 Badiola. Rountree: And we have heard a number of comments this evening about traffic and traffic movement and I want to -- I want to find out -- if this is a full access here, what's going to make that move, something that people aren't going to be encouraged to do. It seems to me that that's -- that will become a race track. Not entirely different than what's actually around the existing Fred Meyers on Fairview. Stanfield: Correct. Here in Meridian. And I have been back behind that one. Just off the top of my head, thinking out loud, for one thing we have the double buffer. We are going to narrow that drive aisle down to the minimum per fire code, which I think is 20 feet. So, that in itself, plus the row of trees, once they mature along the left and right or the south and north sides of that, Councilmember Rountree, should help a calming effect for vehicles pulling through there. I can do my best and -- if I'm fortunate enough to do the grading plan, is put a couple valley gutters across there. That's a little trick engineers use to slow down traffic. We could entertain speed bumps. And, honestly, in that extreme southeast corner of Mr. Prather's project on the connection below, there is quite a grade difference there. I think it's five, six feet. So, it's going to be an awful steep incline there and Lowe's trucks will make that turn. So, I think a driver may do it once or twice, but it's going to be so random whether that's going to be open and available to speed through, but if you don't want that connection, we can certainly Meridian City Council August 21, 2007 Page 34 of 67 eliminate that in that southeast corner, if it helps calm it. But I think we have a lot different application with the double buffer than the other Fred Meyers. Rountree: I just see that as a potential problem for your future tenants as well. Stanfield: Yeah. I agree. And that's been our contention. James will do whatever this body wishes him to do, but I think he's correct and the neighbors are correct and the P&Z Commission was correct, this really isn't a place to have interconnection with vehicular traffic. Jim Kouril did a good job in identifying the traffic patterns and he is correct and in my professional opinion it's only really going to benefit 40 people. If those 40 people don't want it, why put it in. Let traffic use the arterials and the collectors versus cut-through through their residence. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we take Alaska and don't -- and have it a pedestrian -- nice pedestrian path in there, there is no way we can allow that street to go south and, then, turn and go 90 degrees to the west. So, if there is any way -- I would like to see it shut off there at the south and, then, stop at the pedestrian coming in from the west, because they do have an access up halfway there to get into the parking lot off of that and I do personally like the idea of Alaska being a pedestrian friendly -- not a roadway. Stanfield: And if I could add to that, Councilmember Bird, Mayor, Members of the Council, if you continue east behind Lowe's you get to the parcel that is currently developed as Wallgreen's on the corner. If you go just a little bit north on Lowe's southeast corner there is a future connection that will go to the east and you are correct, Councilmember Bird and Rountree, that traffic could make a straight shot, just about, and if you eliminate just that one southeast connection off the grade right there, it's going to discourage a lot of that movement, both in delivery vehicles and residential cut- throughs. Borton: Madam Mayor? De Weerd: Yes. Borton: Just real quick. How do you do that? Rountree: Madam Mayor, I might answer Councilman. I don't consider myself to be the designer of this project, I just point out that seeing those kinds of issues in other developments, I just point them out that it is an issue and I only hope that the engineering staff and the development community would get their heads together and Meridian City Council August 21, 2007 Page 35 of 67 find a solution, whether it's a bulb out or serpentine alignment of their access road or whatever it might be. Just something to make -- discourage people from thinking that's a great place to go. Borton: I agree with you. Stanfield: I need to interject real quick. After everything I just said, Mr. Prather did inform me that he really does need that for truck traffic. So, I would encourage you to insert into the development agreement a condition of traffic calming devices, in addition to the buffers. A choke point. Well, we couldn't choke, because we are going to go down to the minimum anyway. But maybe other traffic calming devices. Speed bumps or valley gutters. But apparently he does need that for truck movement to keep the trucks away from the parking areas. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Scott, I understand that, but, you know, that's -- I don't know how wide that road is going to be, probably 20 feet? Stanfield: Twenty feet. Bird: You're not going to -- at a 90 degree, unless you have got a nice round corner there, you're not going to get too big of a semi around that corner. Why can't they come in from the west and stop there -- I hate having traffic going around pedestrian travel and that's what you want -- that's what you're suggesting for Alaska is to make it that. And you're encouraging people to walk into your development and stuff like that and, yet, you're running trucks by there. I would think there is a way we could get the trucks in from the west and not have -- unless you're doing it for the developments to the east there also, but they surely have their own in and out for their trucks and I understand, nobody wants their semis going up in the parking lot. Stanfield: We have made out a turning movement for a truck. We may have to shorten that out a little bit, but a truck can fit through there. Bird: And if it was only trucks, I would have -- you know, I'd have I think less about -- with the pedestrians, but you know Bang good and well if it's opened up pretty soon kids or adults are going to find that out and if they can save themselves a minute they are going to come flying down through there and with a 90 degree corner -- whoever lives in Bear Creek there is probably going to get their fence or that block wall will be getting to kiss a lot of cars sooner or later. Rountree: Once anyway. Meridian City Council August 21, 2007 Page 36 of 67 Bird: Yeah. At least once. So, I don't know, Ijust -- I am like Councilman Rountree, hate having something -- because we have seen this every time in developments, every time you have a through thing the people have to use it as a shortcut and it's not right, but they do it. Stanfield: I was just conferring with my client. And just looking at that visually in that extreme southeast, we could -- we are over parked on the site. We could eliminate some of those stalls and put a truck turn circle back there and even separate it from the parking and Idon't -- I think that will work out just fine. Bird: I think your -- I think you can design -- you got enough land there -- it's not as if you're land tight that you can design something, and I hate to see a through road there, to be truthful with you. I do. Stanfield: I think we can. I think we can work -- definitely work around that. Bird: Okay. No more. Thank you. De Weerd: Any other questions? Bird: No. Thank you. Stanfield: Thank you. De Weerd: Okay. Okay. This is a Public Hearing. Is there anyone else who would like to provide testimony on this application? Canning: Madam Mayor? De Weerd: Yes. Canning: If there is no other public comment, I did want to respond to one thing that the applicant proposed tonight. De Weerd: Was Mr. Kouril or Kouril -- were you done? Okay. Thank you. Canning: Madam Mayor, Members of the Council, I'm a little concerned that the applicant has proposed during the hearing tonight to alter the conceptual plan before you significantly. To go from one hundred -- one of the features of this concept plan that we felt did respond to the neighbors was that the mass of the buildings was broken up into these five different areas, that it wasn't the one rather really large box like we have seen the problems with -- associated with Lowe's or other large box stores that just have that -- they are just alarge -- very large building. So, he's proposing to have -- • Meridian City Council August 21, 2007 Page 37 of 67 instead of 125 with a 15 percent allowance, I heard 170 with a 15 percent allowance, which would bring it up close to 200. Bird: No. Madam Mayor -- Canning: If it's just 170, that's still -- Bird: -- 170, he asked if he could negotiate up to 170. Canning: And that's still a significant change from what's shown on this concept plan and to go from breaking it into five masses to now just having, basically, one building along the back there -- I do think that's a significant change that shouldn't -- should be noted as such, if nothing else. It's not a trivial change to the impact on the neighbors. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, can lask -- what we are enacting on is the zoning change tonight, am I not right? Rezone? De Weerd: No. Annexation. Bird: Annexation. I'm sorry. Yeah. Annexation. And that is strictly a conceptual plan, isn't it? I mean that's not a preliminary plat or anything like that; am I not right? Canning: No, sir. You're correct. But the development agreement provision that he wants to modify is kind of highlighted here. It's -- the development of this site shall be generally consistent with the conceptual building elevations and site plan submitted with this application. The individual buildings within this development shall be limited to 15 percent over or under the sizes shown on the concept plan and the minimum number of building allowed on the site shall be five as shown on the concept plan. That -- that was the provision of the development agreement that he had requested modifications to. Bird: So, he's trying -- instead of that, he's wanting to go to -- be able to negotiate up to 170,000 square feet. Canning: And just -- Bird: Up to, not over. Up to. Canning: And four to six building pads. Nary: Madam Mayor? • Meridian City Council August 21, 2007 Page 38 of 67 Canning: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess the concern Ihave -- I guess to follow up from Mrs. Canning -- is although it is only an annexation, so you are certainly free to consider the request and consider the zoning that's being requested and the like, the Public Hearing that was already held at Planning and Zoning and the Public Hearing that's been in front of you up until I guess just now -- I haven't seen this request prior to tonight's testimony -- is what the public has seen prior to coming. What I would suggest is if you want to consider some additional changes, to at least give some opportunity -- again, Idon't know if Mr. Kouril was aware of that change or whether he feels comfortable to be able to speak on behalf of -- pardon me -- Bear Creek and what those neighbors may think of this plan or not or whether or not they think this change is significant to them, again, you're free to do it, it's whether or not you want to do it. The notice that provided -- the notice of people as seen to this point is similar as to what's been shown on the DA, not a larger box and number of building changes and such -- again, Iknow it's conceptual, but that is the information the public's had to this point, so I'm not sure how to make sure they have an opportunity so that you don't have a comment later that if we had only known it was a larger building we would have been there to talk about it. They may not have a concern of the -- Mr. Prather's elevations and what they are proposing is a very nice transition from the neighborhoods, but, again, it's up to you. De Weerd: Mr. Prather. Prather: Thank you, Madam Mayor and Council. To answer -- perhaps to clarify, it's my understanding -- during my neighborhood meeting I spoke of the size of buildings and pads I thought I would have. I spoke of it the night of the Planning and Zoning meeting, as I spoke of it tonight. I may not need 170,000 square feet. I may not need 125, I may end up 100. I'm just saying at this point, since this is not a preliminary plat, but yet in your DA you want to clearly define it, t just need enough room to know if I'm going to go chase a grocery store and obtain them as a tenant for this neighborhood, I may get the other side of it as I have already mentioned earlier. I may have to have that flexibility. Now, as far as the number of lots go -- or the number of pads go, if this -- excuse me. If this is a Fred Meyers that pad out front will disappear. So, all I'm saying here is between the four and the six is enough leeway in case what -- in the real market I'm not able to do exactly what I see here -- I mean to the very square foot. I'm hoping I made that more clear. De Weerd: Anna, I guess in the past you can limit the total number of square footage, so, then, Mr. Prather, when he's -- he's marketing his piece he knows the size and can you maybe even look at the length of the building in back, so if he gets a larger tenant it can be pushed out more in the front -- are there other options that keep the footprint facing the neighbors such that he still has greater flexibility? • Meridian City Council August 21, 2007 Page 39 of 67 Canning: Madam Mayor, Members of the Council, that would certainly be one way to address the issue. And, again, I'm -- on a concept plan on the interior lots we tend to have a lot more flexibility, but as you get to the properties that adjoin the existing residences is typically where we do try and nail down some of these things. My understanding of most big boxes, though, is that they want to go long. They don't want to go wide. They are going to want to take up more of that mass going east-west, not north-south. But that could certainly be a way to address that issue to say that he's limited to a certain amount of wall face along that southern boundary. De Weerd: I think it's very difficult following Lowe's and kind of the challenges that they have provided and the precedent they seem to have set, it has startled all of us, so -- Prather: Madam Mayor, I -- De Weerd: And I appreciate your cautious approach on this. Prather: Madam Mayor and Council, the -- the technical side of this is there was a canal that came down through this property and we had to move that over here, so we could line up to where it crosses the street and in doing so the topography was such where in the south end the 48 inch class pipe was actually two feet out of the ground, which made -- which is not a problem, but it made this pad sit up five feet higher than the original grade was. That's why it stands up so tall. There is a huge transition rise here. We drop down five, six feet. You won't see that sort of look down in here. And, by the way, up to 170,000 is roughly right here. That's what it would be, give or take. Canning: Madam Mayor, the -- the square footage shown right now is 125. I don't see how what you outlined could be 170. That -- it's over a 30 percent increase. I'm sorry, Madam Mayor, I shouldn't have spoken. I apologize. I'm -- Bird: That's 45,000 more square feet and that don't -- that don't take a whole lot. You start -- you start taking ten foot by a hundred foot -- and ten foot -- I mean they are not going to go -- and they are pretty deep already. I think in my -- in my mind that 170,000 square foot isn't a real large building. I mean it's big, don't get me wrong, it is large, but -- but Ithink -- I think the point of this, with the housing and the development we are getting out there and the way we are worrying about street traffic, to have a grocery store in that area -- if only 50 percent of the people that live there trade there, that's a lot of car trips that stay off of the road going through Meridian. Because right now they either have to go down Meridian and Main to Albertson's or out Fairview to Fred Meyers or into Winco and stuff like that. This -- and I -- there is no guarantee he's going to get us a grocery store. Prather: That's correct. Meridian City Council August 21, 2007 Page 40 of 67 Bird: But to me, for the citizens of the south side, this is a win-win situation and if he needs 170,000 square feet to get it, I have no problem giving it. That's my opinion. De Weerd: As long as it's a grocery store. Bird: As long as it's got a grocery store. Prather: Madam Mayor and Council, we have worked diligently -- we have -- we have courted Albertson's, I have flown to Portland to meet with Safeways twice to bring them back to town. Not just for this site, but to the city. We have Winco across the street, so we are -- I don't need to talk to them. But I -- this is like a quest to me. This is where I -- this is where my wife and I would shop. Everybody that I run into in this neighborhood, the first thing they ask me -- do you have a grocery store yet, do you have a grocery store yet. We are also taking it -- the pads up front. We are looking for just the right tenant that we need in that neighborhood. De Weerd: Council, any other questions? Bird: I have none, Mayor. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It's not really a question, it's a comment, and to see what -- if you're okay with it, because it would please me at least. You know, I'm impressed with the project and the intent and the great effort you're taking at developing -- or, excuse me -- communicating with the community and neighborhood, trying to address their concerns. I'm supportive of making -- I believe it was Alaska -- Prather: Yes. Borton: -- a pedestrian -- utilizing some pedestrian connectivity there. I'm interested in the turn aisle, I believe. I forget the language Scott used for truck -- resolving the truck issue. I think Councilman Rountree's concerns are right. You know, what I would suggest, because concept plans are just that, concept plans, and you're held to generally comply with them and -- I forget the specific language in the DA, but generally comply with them, would be to continue it for a week or two to give you the chance to add those pedestrian elements, the solution for the truck traffic issue, and perhaps sit down and give a footprint that shows what about a 170,000 square foot looks like, show the neighborhood, maybe they are fine with it. They probably are. Doesn't sound like they had a lot of heartbeat. So, we come back in -- and maybe it's a week, probably two, show the revised concept plan. To annex without the plat, without anything more, • Meridian City Council August 21, 2007 Page 41 of 67 • is such a huge decision and it's -- those are really really critical elements to pin down. You know, there is some delay to it, but I'm curious what your thoughts are. Prather: Madam Mayor and Councilman Borton, one thing that was mentioned early on, maybe to help here and comfort, every building on this site has to go through design review and that was already stated in the staff report that would go into the DA. Everything we do there will have to go under that scrutiny. If that's the wishes of the Council, I would do as you wish. I believe -- and I will not speak for the neighborhood, but so far in all of my counseling with them they have not had an issue back here. The issues that they have are the ones that have already been addressed and that's with the buffer in the back to make sure that there is a tremendous amount of effort made to differentiate residential from commercial and doing it with the landscaping really does that. Now, as far as the Alaska button in there, exactly what that will -- turn area will look like, that will take a little thought, but all it is is basically a dog bone on the end. The reason why we left it like this, actually, and Scott mentioned it, is that we could bring the trucks in at the light and bring them down and out if they have to back in, which they will have to back in right in this area, that they can back in, unload, and, then, just continue on out or vice-versa, that they would be able to slide up here. To be honest, Councilman Rountree, what you brought up I had not thought about, but it's a great point. Because of this access it would be almost straight up around Lowe's and, then -- so, it's a good point. And we can go back. That's easily enough done right in here because we do have enough room. So, if that's the Council's wishes, I will do so. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: I think you're sensitive to the neighborhood concerns, I can tell from the way you have designed this, but Anna's comments are well taken. I probably would have said the same thing, just to make sure that they are aware of what that difference and your request might look like. Probably not an issue. Probably not any heartbeat amongst the neighbors, but -- maybe it's not necessary. I just throw that out. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, I'll let him answer first, but I have got a rebuttal to that, I -- De Weerd: I think he'd probably prefer your rebuttal to that, then, we will ask for his comment. Bird: I -- I think, you know, he can go back and draw it with 170,000 square foot floor plan, but what if they don't need a hundred and -- then what? Then, it's going to drop • • Meridian City Council August 21, 2007 Page 42 of 67 down. It's going through design and review anyway, each building is, so if he can't get 170 and he only needs 140, then, has to come back and give us another conceptual drawing. I think -- I mean let's enact upon it and let him go out and see what he needs. We know he isn't going to be allowed over 170,000 square feet. If he don't need that I'm sure he's not going to -- because if he can keep one extra pad on there, he's -- that's money in his pocket, and so I'm for going ahead and making a decision on it tonight and giving him up to 170. Prather: Well, my rebuttal would be, Councilman Bird, I would agree with that. Bird: I figured you would, but I thought you wanted to answer Joe's question. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is a slightly different direction for -- but just envisioning what's going to happen with Overland Road in the future and farther west along Overland Road and as the whole south Meridian area develops more and more, I'm concerned about how many full accesses you have onto Overland. With a signal at both ends of your property, a quarter mile apart, to have three accesses in between in that quarter mile and two of them be full access, I'm concerned that the day may come when ACRD is going to say we have to put a median down the middle of this street and stop the full accesses and Ijust -- I'm concerned about the future of Overland. I think there is going to be a whole lot more traffic there than anybody is predicting at the moment and I'm concerned about -- I don't think it will ever be Eagle Road, but I'm concerned about all the full accesses. Prather: Madam Mayor, Councilman, I -- this is just a sheet of paper. This is a quarter of a mile. This is just aright-in, right-out. Actually, we went to ACHD and they are really the ones that told us -- because if you notice we are lining up. This was moved over to here, so that would line up. This is not actually on my property, I'm just -- we are just using this little ingress-egress to get to the light. And these two are the ones that ACHD recommended we put in, exactly right across the street from where they line up. So, that -- we just -- we just kind of went with their recommendations there. And, respectfully, as well there has been talk on numerous evenings in front of this Council about connectivity from Stoddard Road to Meridian and in several months how this has evolved is where you see -- not this one, necessarily, because that's just for service, but how this one comes through and how these -- all these drive aisles match up back and, then, move all the way to Meridian. So, a lot of time and effort has been spent on this. Not us technically designing it, but the recommendations from ACHD and from the City of Meridian. Zaremba: Thank you. • Meridian City Council August 21, 2007 Page 43 of 67 Prather: I'm not sure I answered your question. Zaremba: I'm not sure it was a question. De Weerd: Yeah. But I will tell you what, it's the best flowing parking lot I have seen. Bird: Amen. De Weerd: I mean usually you have cars backing into the aisles and -- parking lots are my big pet peeve. So, I appreciate the attention to detail on that, because it does have good interconnectivity in the flow, which you don't often see. Bird: Scott painted a pretty picture. De Weerd: So, Council, any further question? What direction are you going on this? Rountree: I have no other questions. Bird: I have none. De Weerd: Mr. Zaremba? Zaremba: Overall this is not much of a surprise. I would assume that this is the direction that this area and this corner is going to go. I am sensitive to President Borton's comment that sometimes you just want to see it drawn out if there are going to be some changes. If there is a possibility it's going to 170,000 square feet, if there is the possibility that we do a turnaround instead of connecting the southeast corner, I kind of would like to see that drawing as well. On the other hand, I don't feel terribly strongly about that. On the basic concept that it's going to be something like this no matter what happens -- and I think that's what the city has envisioned all along -- De Weerd: Well, I guess there seems to be a comfort level design with the design, the concern and attention you have given to the neighborhood and transitioning, but I guess if the drive aisle does have a change of design, our fire department probably needs to see it and so -- just to evaluate it on the circulation and those kind of concerns that -- hate to say some things have come back to bite us, but they have, and it's because we haven't given staff adequate time to evaluate it as well. Prather: Well, Madam Mayor, I don't think that was the question for me, but the -- Councilman Bird mentioned that it may be 170,000 feet, I may come back and it may look just like this or it may be 100,000 square feet. At this particular stage Ican't -- because this is only zoning and annexation -- this is what I want to do and drive the aisles and everything -- we have gone through design, after design, after design making • Meridian City Council August 21, 2007 Page 44 of 67 sure that no matter what we put in, including 170,000 square foot, a box there, it will not change the drive aisles. The way everything is situated we will not compromise on access coming in and out of this thing. Nothing there will change. The only thing that would be changing is after Councilman Rountree's comment about in the southeast corner there and all you would, basically, see is just this -- I'm assuming the road here, Alaska, buttoned up, except for pedestrian and, then, you would just see this little tiny little turnaround here, just enough to get semis to unload, to come down, spin around, and, then, go back out where they came from. That's the only change you're going to see. And, then, if I don't get them, then, I -- I would come back in again and say, well, that's not it, we are just going to size it down and -- so it's one these things where I guess it's your comfort level. De Weerd: And it's been a staff level evaluation. So, Council, it would be what you feel comfortable with. Rountree: I have a question for Mr. Prather and I want to make sure that I heard what you said correctly. When you said you brought the proposals to the neighborhood and discussed what it was you wanted to do, I thought you indicated that you had represented the potential for a larger building. Prather: Uh-huh. Rountree: Up to 170,000 square feet? Prather: You know, what I said was is as big as Lowe's. Rountree: As big as Lowe's. Which is how many square feet? That's even bigger than that, isn't it? Bird: Oh, yeah. Prather: I don't know if I could represent accurately how big Lowe's is. Bird: It's got to be 200. Rountree: It's too big. De Weerd: You saw the picture. Rountree: And I guess for my comfort level I would ask the question of Mr. Kouril, is that your understanding of what was represented to you as a homeowners association? Kouril: Yes. Meridian City Council August 21, 2007 Page 45 of 67 Rountree: Okay. Thank you. Then I did hear correctly and I appreciate that. Thank you. Prather: Thank you, sir. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I might clear up all my questions, then, with just going back to this one little area there. If you were to do a turnaround, then, you would somehow block this, I would assume, so that there would be no cross-access at that one point, except perhaps pedestrian. Is that -- if there is a five foot elevation difference that probably helps you, because this was going to have to be kind of a steep driveway. Prather: Madam Mayor and Councilman, that's correct. I mean the transition could be made here no doubt, but this is the only access that would be buttoned up, so -- if that's the Council's wishes. All of these others would remain in, because we need to be able to cross. Now, I'm not saying they couldn't come in here and, then, spin down here, but it's made so difficult for them, we would have that all over town. That same scenario would be happening all over town in every one of these centers. People will fine their own way, but if you make it difficult enough for them, they'll find another access. Zaremba: So, I'm assuming that if we do suggest that there is no cross-access there, that you're also saying that this turnaround would not have access into the other part of the parking lot. The only option would be to turn around there. Prather: Councilman, yes, that's correct. There wouldn't be enough room. Zaremba: If the fire and police department go with that, I certainly could go with that. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I'm by no means a traffic engineer or designer, but I'm going to try. Rountree: Oops. Borton: Is there an opportunity -- De Weerd: An attorney. Oh, my gosh. Meridian City Council August 21, 2007 Page 46 of 67 Bird: You're in trouble. Borton: And this goes back to why I -- you know, and I know delays are a pain and I can tell you I don't have any problems with the range of building that you're trying to present and I think Councilman Rountree's pretty much alleviated my concerns with the fact that you have made those representations. Is there a way to make this -- I wouldn't know the term for it -- sort of -- kind of the opposite of a right-in, right-out, which requires truck traffic to only turn left, so they couldn't go through and vice-versa, if you're coming in you could only turn right. I don't know if the topography allows for that. I'm just not thinking that we have a pedestrian bike access adjacent to a semi turnaround. Prather: Madam Mayor, Councilman Borton, it's been -- it's been talked of. If I hear your question right, what do we do. Will the pedestrians be harmed there you mean because of the trucks turning around? Is that what your -- your question is? Borton: Sore of. Prather: Well, first of all, we have to, obviously, get trucks in and out of there to load at back of the buildings. Borton: Sure. Prather: Our thinking is -- is button this up and just bring the pedestrians down here and, then, straight out to here. Borton: Okay. Prather: And that way -- and, again, truck traffic is limited not only to the time of day, but to the number of trips. I mean this was -- this is maybe three or four trucks a day on a busy day and most likely early in the morning. Now, as far as -- as you said that, Councilman Borton, I'm thinking out loud that if -- if we leave this open there may be a way of shoving people right up here. If this is allowed to go through I believe Jim Kouril is right, they will just opt here, go out, and then up. And that -- and that's, I think, something we all want to stay away from. But I believe, knowing the developer here, if this was -- if we did away with this, we could probably force them up here and have something here to prevent them from going from the back side of Lowe's. That's a possibility. But, of course, I'd have to talk to them on that. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council August 21, 2007 Page 47 of 67 Nary: Madam Mayor, Members of the Council, if -- I guess if Mrs. Canning thinks that she has enough direction from the Council to create findings about that particular access point. If your comfort level is wanting to actually see that rendering before you finally approve it, we have some time between now, those findings coming back to you in two weeks, the development agreement that normally takes at least one more week to come and if it's -- if it is a fairly minor change I don't know if Mr. Prather's able to -- be able to --and Mr. Stanfield be able to bring that back to you in about four weeks is when we would be bringing it back to attach it to the development agreement as to what those changes are. If you also want the -- instead of 15 percent increase, up to 30 percent increase I think is what, approximately, the building size would be, if you want that to be, you know, in relation to the other buildings along that rear property line, we could certainly put that in the development agreement. If you want a rendering to that, again, we are about a month out, approximately, before we -- for bringing that final development agreement and annexation ordinance back. I don't know if that's adequate timing at least to answer some of your questions, but that at least stays on track and we can still get the findings accomplished and they can get a drawing and they could be done and that way we don't put it off for two weeks for that and, then, another month anyway. De Weerd: Thank you, Mr. Nary. Stanfield: Some day I'll sit down. I think what Council -- De Weerd: If you will just state your name again for the record. Stanfield: Scott Stanfield. Counsel Nary was leading to a -- if I understood him correct - - move ahead with the annexation, but prior to the findings we submit the detailed drawing, just like we are talking to tonight, just like we are going to be subject to through the DA. Nary: Madam Mayor, Members of the Council, exactly. What the normal process would be is if the Council were to approve this tonight with the directions of whatever changes they wanted in the development agreement and the findings, then, it normally is at least two weeks before the findings get back for final approval and it's at least one additional week to get the development agreement prepared, sometimes two, depending on holidays and the like. So, we would want that final rendering as part of the development agreement, but you need it tonight and you don't need it -- I was just trying to avoid a two week delay and, then, three or four weeks out. Stanfield: That's a good middle ground, because as most of you may know, the tenants or the buyers of these particular big box -- they are really hard to talk to until you show them, yes, we are annexed -- yes, here is the minutes, now it's just a formality. So, two weeks may not seem like a big deal, but it really is a big deal to delay large projects like Meridian City Council August 21, 2007 Page 48 of 67 this and maybe that is a middle ground and I think that would be perfect. If we don't get it in on time that's our fault, we have no one to blame but ourselves. Bird: I have no problem with that. De Weerd: Mrs. Canning. Canning: Madam Mayor, Members of the Council, that's fine. Probably what I would recommend is not to put the findings on the Consent Agenda, to have them on the regular agenda, because I have not understood this truck turnaround with a connection, but without a connection discussion at all. So, I will -- if we can just not but it on the Consent Agenda and, then, I will just have you review that site plan before you adopt the findings that night, I think that that would be appropriate. And I wanted to apologize for seeming argumentative and I -- it's just we don't like to give our applicants surprises at hearings and, likewise, we don't like to receive surprises at hearings, so it's a little frustrating, but it does sound like he's worked with the neighbors and has indicated a larger building may be possible. So, that was my primary concern. De Weerd: It's actually the first tag team of developer, engineer, and homeowners association spokes person I have ever seen. So, it's greatly appreciated, so -- okay. Anything further? Prather: Just for clarity, Madam Mayor, if that is Council's wishes, when will this be heard again? Because we will be with -- Bird: Madam Mayor -- De Weerd: It sounds like the option is they can make a decision tonight and on presentation of the findings your engineer would provide a drawing of what that turnaround might look like. Prather: Very well. De Weerd: Okay. Okay. Anything further from Council? Bird: I have none. Rountree: The hearing is still open. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. • Meridian City Council August 21, 2007 Page 49 of 67 • Bird: If nobody needs anymore public testimony, I move we close the Public Hearing on AZ 07-009. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Rountree: Madam Mayor, it's been said, but I want to say it again. I appreciate the homeowners association doing the due diligence and taking the time to find a solution that's amenable to them and I appreciate the applicant for listening and incorporating those into their development. That's something that occasionally we are here until 1:00 o'clock in the morning trying to resolve and don't usually get it done. So, again, appreciation from me and I think the rest of the Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd echo Councilman Rountree's words also, but also if we have no more discussion, I will attempt to make a motion, with the help of all the rest of you, if you want to jump in. I move that we approve AZ 07-009, the request of annexation and zoning for 22.67 acres from R-1 to C-G zone for Queenland Acres by James Prather, with a large pad not to exceed 170,000 square feet; Alaska Way to not be a through street, it will be only pedestrian friendly, and the location of it will depend on the next conceptual site drawings that we see on how we put the semi truck road in to the south. I believe the six foot block wall was already in the findings; am I not right? Help me, Anna, if I'm leaving anything out. The road between the two properties going north and south will not be a continuous road at the very bottom -- or at the very south and the road at the south going east-west will not be a continuous road through the property. Is there anything else? And to include all staff, application, and public testimony. Did I leave anything out? Borton: Second for discussion purposes. De Weerd: Yes. Zaremba: I would just clarify with the maker that Alaska Road or Alaska Way, whatever it is, along with any of the pedestrian access, should also be an emergency access. • Meridian City Council August 21, 2007 Page 50 of 67 u Bird: Yes. Yes. Oh, yeah. Yeah. It's going to be wide enough to be emergency. De Weerd: Mr. Borton. Bird: Oh. And the pads would be five pads within the development. Borton: Madam Mayor? De Weerd: I think he said four to six. Bird: Oh, four to six. Borton: Yeah. If the motion maker would amend the motion to allow flexibility of the DA for no less than four, no more than six. Bird: I agree with that. That's one thing I forgot. De Weerd: And just -- Mr. Bird, clarification on all staff and applicant and public comments. That would include the photos that were show that showed the pedestrian walkway, the -- Bird: And the buffer zone. De Weerd: The buffer zone and the quality of the -- Zaremba: And the treatment on the back of the building. Bird: And I believe the applicant testified that that's what he was going to do. De Weerd: Well, just specifying what all that meant. Bird: That's true. De Weerd: Okay. How is that, Anna? Do you have -- Canning: Madam Mayor, could you go through that list again? The quality -- the one that I was concerned about -- because there was testimony and not much commitment one way or the other, was the appearance of the back of the building. Are we looking for specifically a concrete block, not a tilt up? I wasn't sure where that conversation was going with when that -- Bird: I -- as the maker of the motion, I would like to see the block, but if he gets a tenant that does tilt up -- you can decorate the back of tilt up very nice. I can't think of any other than the one target at Chinden and Eagle that has done that to the back of their • Meridian City Council August 21, 2007 Page 51 of 67 building and so I would say that he's got to bring it in to be design reviewed anyway, so we can argue that at that point. Right now all I want to do is just get him annexed, so he has something to go out there and sell his product and there -- and I'm telling you, you know, there is a building right to the southeast of this, it's a tilt up -- it's a church that looks very very nice. I have seen some awful nice tilt ups Okay. So, that's the motion. Rountree: Whatever. Bird: Whatever. Until they are able to come back for design and review anyway. De Weerd: It's in your lap. Bird: In your lap. Do you want roses growing out of it? Canning: Madam Mayor, Members of the Council, could I ask for clarification on the last clarification? Councilmember Bird, could we -- would you want to include some horizontal banding and variety of materials along the back wall to meet that concern? Bird: If you do a tilt up, it's kind of hard to intermix materials, but you can do some banding and some decorative stuff within it. And, yes, I would have no problem with that. But if he puts the buffer up like they did over -- Bear Creek is not going to see it, for the fact is this is going to be five feet lower, probably, than what Lowe's is because of the elevation difference. This ground didn't sit in a gully like the other ground did. But, yes, they can do some density stuff on the back and I'm sure he will do that. Rountree: He will now that it's in the findings. De Weerd: Did second agree with whatever has been decided? Borton: I think so. De Weerd: I guess the pictures are what they are looking at if there is deviation that's significant. Okay. Okay. Anything else, Council? Okay. Mr. Berg, will you, please, call roll. Unless you want to repeat the motion first. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene -150 West Maestra: • Meridian City Council August 21, 2007 Page 52 of 67 De Weerd: Thank you. Item 13 is a Public Hearing on RZ 07-012. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Valley Shepherd on Meridian project. As you know, Valley Shepherd's new facility is being constructed on Meridian Road approximately a half mile south of Overland. The application before you tonight is for a rezone. The church is requesting a rezone to C-G of approximately 22.7 acres of property currently zoned R-8. The applicant has received prior conditional use approval for the church in an R-8 zone and the applicant requests a rezone to allow for electronic signage and recreational activities on site. A church is a principally permitted use in all of the commercial zones and that's L-O, C-N, C-C, and C-G. I do have some elevations of site proposed. The nighttime view is a little hard to see, apologize for that. And, then, this would be the electronic portion of the reader board. The Commission recommended approval at their July 19th, 2007, Public Hearing. Brad Hoaglun, church board member, spoke in favor of the application. Shawna Gardner, Kathleen James, and Jim Kouril, Deborah Ross, Darleen Wheeler, and Michelle Bonner all spoke in opposition. Larry Kelly commented. And we received written testimony from Brian Beckley, vice-president of Bear Creek Homeowners Association with a letter and petition containing 236 signatures. So, it was -- the same petition covered both the Queenland Acres and this project. Key issues of discussion by the Commission included the increase in traffic to the adjacent residences, the allowed signage for the L- Oand C-G zoning districts, specifically with regard to electronic reader boards, and impact the future commercial developments may have on existing residences. The key Commission changes to staffs initial recommendation -- the Commission was in favor of changing the zoning from C-G to L-O and having the L-O sign standard apply to the property. The outstanding issue before City Council is the question of what is the appropriate zoning for this site. They do have a development agreement -- or staff has proposed a development agreement that contains the following site specific provisions. that the following shall be only -- the only allowed uses on the property, church, religious place of worship, and ancillary church celebrative and recreational activities. No retail or service uses or conditionally allowed commercial uses are permitted on this property. Second one would be future development of the property shall remain consistent with the site and landscaping plans approved with the CUP 05-058. And, third, any proposed change in use of the property shall require public hearings before the Meridian Planning and Zoning Commission and City Council. Said hearing shall consist of modifications to the development agreement and the existing conditional use permit in effect for the sight. We did receive written testimony since the staff report was written and that letter was from the Valley Shepherd building committee, with a cover letter from Pastor Johnson. And with that I will answer any questions that the Council may have. De Weerd: Thank you, Anna. Any questions of staff at this time? Meridian City Council August 21, 2007 Page 53 of 67 Bird: Madam Mayor, I do. De Weerd: Mr. Bird. Bird: On that letter that you're stating from the building committee, was that the one signed by Keith Ricketts? De Weerd: Yes. Canning: I can look it up, but I have heard yes from someone else. Thank you. Bird: That's -- I thought it was, but I just wanted to clarify. De Weerd: Okay. Anything further? Bird: I have nothing. De Weerd: Okay. Would the applicant like to come forward. Hoaglun: Madam Mayor, Members of the City Council, my name is Brad Hoaglun. I reside at 2470 West Tressle Drive here in Meridian. I am a board member of Valley Shepherd Church of the Nazarene. Also serve on the building committee. I think most of you are familiar with Valley Shepherd Church of the Nazarene. They are right across the street. And last fall we celebrated our 90th anniversary in this community and we believe we are a congregation that's very involved in the activities of this community and we have served and will continue to serve at our new location the needs of this fine community. Some of those activities that we participate in -- we serve as a polling place here in the city. We host blood drives. We sponsor the annual chili feed and auction to raise money for school supplies for children in the school district and I know some of you have participated in that and thank you and we will be doing that again. In previous years we have partnered with the Meridian Parks and Recreation to sponsor an Easter egg hunt in Bear Creek park and this year we had over 600 children and their parents participate in that event. We also sponsor -- have sponsored a scout troop. We provide meeting spaces for the school district. We host the annual Thanksgiving concert. Provide space for support groups, such as Alcoholics Anonymous, just to name a few things. And although we are moving to this new location, we are still going to be involved in the community in that manner and, in fact, there will be -- with this new facility more enhanced ways to serve the community with this beautiful facility. But as we looked at our location being on a state highway, we realized that we will need signage that not only identifies us as Valley Shepherd Church of Nazarene, but also a way to provide information about these activities that will be going on at the church. Well, as we looked at signage options we discovered two things. Number one, our current zoning designation does not allow signage and, number two, that electronic reader board was the best way to go for our signage needs. I want to emphasize this I.~ Meridian City Council August 21, 2007 Page 54 of 67 right away. Our proposed electronic reader board is text only, it is not graphics, it is not video. Some of you may recall as you head east on the freeway the vet center there, it's a very involved reader board and that's not what we are proposing. It is text only. It would be conventional two line horizontal reader board and if the Council would consider granting this signage, we are not opposed to language that would limit it to text only. That is something that we don't even have a problem with. The reason for an electronic sign. Of course, they are much easier to change the message, as opposed to a manual reader board. The ability it provides for having multiple messages, instead of just one that may stay up there. I think you may find a few reader boards in town that are still touting last winter's sale. And also a cleaner, more attractive look to the sign. We have a beautiful facility as has been alluded to by Councilman Bird. We are very pleased with how it's looking. We have a sign that we think is going to match that. The reader board is -- the electronic is much cleaner. In fact, coming into town today I was kind of looking for examples and there is one right on Main Street, two competing businesses, both in the same industry, you have Wendy's on one side with an electronic reader board and you have the Dairy Queen with the manual reader board. Now, I'm not saying which I like better -- it's actually Dairy Queen. I like their ice cream pretty well. But the Wendy's board is a much nicer, more professional, cleaner sign and that's what we want to have, we want to have something that looks good. And this is also the direction of the sign industry. I did some research. Time-o-matic, it's a national sign company that's been doing signs since 1932, and I'll quote from their national sales manager where he said: At least 90 percent -- and I'm quoting here -- of Time-o-matic sales are directed to the message center reader boards. And that's what they mean by electronic reader boards. The major customers for these boards are banks, retail businesses, churches, and schools. The latter two using them as public service announcement displays. And this is the type of sign -- and that's an end quote right there. The latter two using them as public service announcement displays. And that's what we want to use our reader board for is public service announcements. And the only reason we are seeking this zoning change is because it's one of the few designations, other than I think industry, that will allow electronic reader board signs. During our Planning and Zoning Commission hearing staff did inform the Commission that schools and churches are the two areas that are kind of outside of what the zoning requirements allow to have reader boards. So, we are kind of the exception to the rule. We really don't want C-G. We don't want to create a big box retail store. We don't want to do something with the rest of our property that neighbors don't want and we certainly don't' want. If you look at the message board at Meridian High School, although they have this message board and maybe the zoning that went along with that, they are not going to have any commercial general zoning taking place right there. They want to inform the public of the activities that are going on at their facility. We want to do the same thing on a state highway. So, we don't want to have any change in the use of our property, other than to do normal church activities. Now, we understand that neighbors, because we do have some vacant property there, how do we protect them and assure them that -- that we want to be good neighbors and not have something happen that would compromise their value in their property. Planning and Zoning staff had Meridian City Council August 21, 2007 Page 55 of 67 recommended approval of a request to the Commission with the condition that we sign an addendum to our development agreement with the city. Well, we want to assure them, our neighbors that we do not want to put in big big retail on our remaining property. So, to legally assure them of our intentions, we are quite willing to sign that DA and move forward with whatever conditions that you want to add to or that the Planning and Zoning staff has recommended and use our property as a church worship and ancillary church celebrative and recreational activities. It would also require us, if we desire to build on the remaining property in the future, that public hearings would be held to allow for input from our neighbors and we do want to be good neighbors and we want them to be pleased with the quality of our church facility and the surrounding property. We don't know what we are going to use that future property for. That's down the road. The only thing we have talked about right now is, well, let's landscape it and there is a program called Upward Soccer, as well as Upward Basketball, things like that. Maybe we can do something like that. Ten years from now who knows. Maybe we want to expand and build something there. We think the neighbors should have a say in that. We want to make sure that they are pleased with what we are going to be putting in and that they have input on that, so we have no problems with having that in the DA. There was a petition that circulated the neighborhood that opposed the rezoning request for both Queenland Development and our request. Now, whether the neighbors were signing it opposing one or the other we don't know or whether it was both. What we do know it wasn't against the sign, it was -- as Mr. Kouril said earlier as he testified at P&Z is buffer zones, the planning and ability to put in a big box retail, you know, concerns that all neighbors would have when they are up against that type of zoning. But, again, I can't stress enough that change in the zoning designation will not change the use of this property. We are just seeking this change for the sign. Staff did talk about city code and how do they allow this for schools and churches and there was a discussion about, you know, we probably need to take a look at this and do some things, you know, that's something that staff -- I'm sure their plate is full, but you guys may have to look at this down the road, but until that time comes I guess this is the route we have to go just to get an electronic sign, if that's acceptable to you. At the Planning and Zoning hearing there was an issue about traffic. Neighbors aren't happy about the access for the church and through their subdivision and, frankly, we agree with them. That was not our choice for how the traffic was to go. And, Mrs. Canning, I don't know, do you have the schematic for the property that shows the accesses in and out? Yes. Thank you. Meridian Road right here we have a park facility here. Our parking lot we access this. And this is West Maistra right here that accesses -- there is left and right turn lanes here onto Meridian Road. There is also through Strada Bellissima that comes out, winds -- take a right turn and, then, a left and puts you out on Victory Road. And we can understand their concern about that, because there will probably be folks going out to Victory Road through that property. As I said earlier, we were looking earlier of aligning a road right here and meeting up with a developer on the other side and having a light put in. We also were exploring options of down here. This was not our first choice. In fact, it wasn't even one of our choices. But ITD and ACHD said there is development that's going in here on your property, we will share West Meridian City Council August 21, 2007 Page 56 of 67 Maistra. So, that was that. And I wish we could do something about that and that was probably the vast majority of the comments were focused on that. But, again, whether our zoning change is approved or not, that does nothing about this situation. And maybe down the road we will take a look at maybe opening up where we have parking area, doing a right turn to relieve that if that -- if that does appear to be a problem. But, again, we are going to work with our neighbors to limit the impact as much as we can through their subdivision and we are going to -- we want to be good neighbors. It's rather Biblical about loving your neighbor and if we can't do that I guess we better change the business we are in. So, anyway, with that, Madam Mayor and Members of the City Council, I would be happy to answer any questions you might have for us. And before I do that, I do have one thing I want to show you and I hope I don't surprise Mrs. Canning too much. She showed you a picture of that. Our architect had looked at that where the original proposal was to put the sign and the elevations, with the sidewalk and different things -- he's recommending that we move that to this location here, just on this side of the building, but by doing that he said that would -- he would like to see us elevate that sign a little bit. Now, this is an elevation of that. As you can see, a person about six foot tall, that will be about 12 feet high. Very similar to what you saw in the drawing for this part. Other than that it is up in the air. The architect believed the monument sign would not be seen on -- at that -- at that low level. And, again, this is the nighttime view of it. It would be two lines of -- at nine inch height for -- for that. So, that is something that he has given us and said he would like to see and at the risk of upsetting the Planning and Zoning director, that's our latest proposal here. So, with that I would be happy to answer any questions. De Weerd: Council, any questions at this point? Bird: I have none. Borton: Madam Mayor? De Weerd: Yes. Borton: Does Will or Anna have a copy of that? I just want to make sure. Prather: We will make sure that George Zickefoose, our administrative pastor, is -- had walked one over here, so we will make -- it's probably in the -- in the file, so -- Canning: Madam Mayor, we did receive those. I did not understand them to be new elevations.. I don't think anyone looked at them. I think we thought they were just copies of the -- what had been proposed. But we did receive those this morning. De Weerd: Thank you. Any other questions? Zaremba: Madam Mayor? ~ r Meridian City Council August 21, 2007 Page 57 of 67 De Weerd: Yes, Mr. Zaremba. Zaremba: Probably a question of staff and maybe even the fire or police department. And it was that last rendering of the sign that made me think of it. There is a requirement that the address be on a sign like that, which brings me to the question what is your address? You have no entrance on Meridian Road. What are we doing about that? Prather: Madam Mayor, Councilmember Zaremba, yes. Our address we thought all along would be a North Meridian Road address. It is 150 West Maistra, because the official entrance is off of West Maistra right here and that is the address we have been assigned is 150 West Maistra. Zaremba: So, it wouldn't make sense to put that on your sign probably. Prather: Madam Mayor, Mr. -- Councilman Zaremba, it will provide some marketing challenges, if you will, in terms of getting people to -- we are on North Meridian Road and with the address here and here is how you access the property. It will add to the challenges. I think with signage, though, if that is required, it will have to be on there, 150 West Maistra. So, it will be on there. Zaremba: Just as I thought, much of that is solved if you actually have a road here, but I think I have lost that battle. De Weerd: That's kicking a dead horse. Zaremba: I know, but I have to kick. I like horses, but I have to kick. Prather: We understand. De Weerd: Okay. Anything else from the Council? Rountree: Madam Mayor, I don't have any specifics on the new sign submittal, but I don't want to assume that it meets the sign criteria of the city. I would like verification that it does. I suspect it does, but I don't know. Canning: Madam Mayor, Members of the Council, the church is not asking for approval of this sign tonight. It's not one of your -- Rountree: It's just a reader board. Canning: It's just a rezone. ! • Meridian City Council August 21, 2007 Page 58 of 67 Rountree: Rezone. Okay. De Weerd: Okay. Anything else? Thank you. Prather: Thank you. De Weerd: Okay. This is a Public Hearing and I do have a number of people that signed up in favor of this application. When I read your name, if you would like to provide testimony, you're certainly invited to come forward at that time. Jim Perrell signed up for. Mark Johnson signed up for. Kimberly Johnson signed for. Gerald Johnson signed up for. Do you have anything you would like to add? George Zickefoose signed up for. Bob Marsland signed up for. And Keith Ricketts signed up for. Okay. Is there anyone else who would like to provide testimony on this application? Okay. Any concluding remarks, Mr. Hoaglun? Okay. Thank you. Any questions? Rountree: I'd just throw some testimony -- and it's not necessarily how I will vote, but as a driver of the corridor, you folks have done an outstanding job in designing and creating a new architectural element in that corridor and in our community. I would hope before you put up any sign that it be mocked up and stuck where ever it's supposedly going to go, so you don't render what right now is quite a wonderful visual experience and spoil it with maybe something that's not quite in taste with what you have done. But you will do that later on. De Weerd: A great suggestion. Okay. Anything further from Council? Bird: I have none. De Weerd: Yes, Mr. Zaremba. Zaremba: Just because you gave me the opportunity, just comment a moment on some of what was discussed in the committee that was writing the new Unified Development Code. In trying to determine what was an appropriate zone for churches, we settled on L-O as the most appropriate zone and we made the assumption that if a church were annexing and asking for a zone they would ask for L-O and that was going to be the end of it until somebody said, well, there are a number of churches that start their business by renting a cheap industrial space or renting some other commercial space and, in fact, you really have to allow a church to be in every zone. So, I guess I'm commenting on the fact the Planning and Zoning Commission has suggested that this be changed to L-O instead of what the application is requesting. We did feel that L-O was, actually, the appropriate zone if a church were asking for a zone, but if the zone was already there they could go into any zone. So, the end result was that the UDC is actually written so that a church can be anywhere, except on residential zones. And I guess what I'm saying is I no longer have an opinion whether this should be C-G or L-O. • • Meridian City Council August 21, 2007 Page 59 of 67 Canning: Madam Mayor? Rountree: Thank you very much. Zaremba: But I just wanted to tell you how we got there. Canning: Madam Mayor, Members of the Council, I think I need to explain -- and maybe the applicant can help me out, because -- but my understanding is the L-O does not have any reader board allowances. So, the change to L-O is significant for the application. It would allow a manual reader board, but not an electronic reader board. Nary: Sounds like a lawyer. De Weerd: Okay. Thank you for that clarification. Bird: I was going to say, is she in the wrong profession? That sounded like an attorney. De Weerd: Okay. Rountree: Madam Mayor, if there is no further testimony, I would move that we close the Public Hearing for Item 13. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 13, RZ 07-012, with the comments from the applicant and the stipulations for the DA as presented by staff. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 13. Zaremba: Madam Mayor, discussion? De Weerd: Yes. • Meridian City Council August 21, 2007 Page 60 of 67 • Zaremba: Just clarification that you are specifying the C-G as the new zone. Rountree: Yes. Zaremba: Thank you. De Weerd: Okay. Canning: Madam Mayor, Members of the Council, I believe the recommendation that's before you is for L-O. Rountree: L-O. Canning: So, you will need to specifically change that. De Weerd: Okay. So, we will -- you're asking to draw up corrected findings. Bird: You're changing it to C-G; right? Nary: No. The L-O. Bird: L-O? De Weerd: No. Rountree: No. Nary: Oh, no. It's C-G. Zaremba: They applied for C-G. The Commission changed it to L-O and we are changing it back. Rountree: And we are changing it back to C-G. Yes. De Weerd: Okay. Bird: Second agrees. Rountree: But the DA stipulations -- Bird: Yeah. De Weerd: Okay. Okay. Any other discussion? Mr. Berg? • • Meridian City Council August 21, 2007 Page 61 of 67 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. And our final item, No. 14 -- Canning: Madam Mayor, before we move onto that one, Can I just get some clarification? In looking at this development agreement none of the provisions for the development agreement specifically state L-O, but my understanding is Council wants to keep those development agreement provisions, but just change the zone back to C- G. Rountree: Yes. De Weerd: Okay. Canning: Okay. De Weerd: Okay. Rountree: Unless we can't do that. Canning: No. You can. Rountree: Okay. Item 14: Public Hearing: PP 07-006 Request for Preliminary Plat approval of 7 single family residential building lots and 2 common area lots on 1.96 acres in an R-4 zone for Moose Creek Subdivision by Moose Creek Construction - 4275 N. Jones Creek Lane: De Weerd: Okay. Item 14 is a Public Hearing, PP 07-006. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Moose Creek project. It's located on the south side of Cherry Lane about a third of a mile east of Black Cat Road. The application before you tonight is solely a preliminary plat. They are requesting approval of six single family residential lots and one common lot on 1.96 acres. The Moose Creek Subdivision has been previously platted as Lot 2, Block 1, of Heartstone Subdivision and is currently zoned R-4. Did want to point out one key feature of the site. It's encumbered by a private lane easement in favor of the property owners to the south, the Joneses, and the easement is -- was approved as a private street in Ada County. It's 20 feet of asphalt with an approved fire department turnaround. And you u Meridian City Council August 21, 2007 Page 62 of 67 • see that hammerhead at the end. The applicant and staff have worked with the Joneses to the south to determine the best possible design of Moose Creek which will facilitate the easiest redevelopment of that property. That is important in that this application was accepted in January of this year and is before you tonight, so it has gone through a lot of changes and various layouts to see the one you have before you tonight. So, these are the six residential lots. One. Two. Three. Four. Five. Six. Sorry. One. Two. Three. Four. Five. Six. And, then, the one common lot which borders Cherry Lane. The gross residential density is 3.06 units per acre. I do have some elevations for you. These are three different building styles. You will see that there is six different building styles, all the front elevation. We have 12 fronts. I'm not sure what's going on there. So, maybe Ms. Whitehead can explain that. The Commission recommended approval at their July 19th, 2007, Public Hearing. Sabrina Whitehead, the applicant's representative, spoke in favor of the application. No one spoke in opposition. Teri Jones, the neighbor to the south, did comment and did provide written testimony. Key issues of discussion by the Commission were that the neighbor is amenable to vacating their interest in Jones Creek Lane and the underlying ingress-egress easement across the Moose Creek property and the second issue of discussion was a permanent perimeter fencing is to be installed. The key Commission changes to staffs recommendation were that the application provide a permanent six foot vinyl perimeter fencing around the subdivision. And we have listed the Joneses as an outstanding issue, just because we'd like to have an update on the status of that relationship and how things are progressing. And, then, there is an outstanding issue related to the out-parcel, where it says not a part. The out-parcel to the northeast of this development is a drain field on the Moose Creek property. The preliminary plat shows services being stubbed to the out-parcel, but makes no mention of who will pay for the assessments and the actual physical connection to city services. The applicant should clarify tonight who will pay the sewer and water assessments and pay for the actual physical connection of the out-parcel to the city services. We have not received any additional testimony since the staff report was written and with that I will answer any questions Council may have. De Weerd: Okay. Thank you, Anna. Any comments or questions from Council at this time? Bird: I don't, Mayor. De Weerd: Okay. Is the application here? Good evening. Whitehead: Good evening, Madam Mayor, Members of the Council. For the record, my name is Sabrina Whitehead and I'm here on behalf of Moose Creek Construction and Briggs Engineering. My business address is 1800 West Overland Road, Boise, Idaho. 83705. De Weerd: Thank you. Meridian City Council August 21, 2007 Page 63 of 67 Whitehead: And this evening before you, as Anna stated, we are doing an in-fill project that is south of Cherry Lane and west of North Summertree and it consists of approximately 1.96 acres, with a current zoning of R-4. And as Anna mentioned, This application was submitted quite awhile ago. We have been in ongoing discussions with the neighbor to the south, Mrs. Jones, and I am elated to state that we are in negotiations to having the easement vacated to allow this project to continue. One of the exhibits that Planning and Zoning received on July 19th was, basically, an agreement -- basically stating some civil issues that Mrs. Jones would like to see in order for the easement to be vacated. While these are civil issues, we don't need to go in depth tonight. I do want to state that condition number 2.7 states: Prior to the signature of the final plat the applicant shall submit documentation that the private drive easement through Lot 2, Block 1, will be vacated and this will be done prior to the final plat. This will help to insure the city that this easement will be vacated. So, just to discuss the project at hand, including this easement, as mentioned here is Cherry Lane. North Summertree. This will be Jones Creek. Therefore, the Joneses will be able to keep their current address. This will be a public road that will be stubbing to the west. A snoopy turnaround providing that it has received the fire department's recommendation of approval. One of the other issues is Public Works wanted me to mention -- actually, two issues that I need to bring up. This outparcel right here, Moose Creek Construction, the developers, will be tying that not a part lot to sewer and water services. They will be paying for the fees as well. So, it will be at our developer's expense for that site. Also, we will be stubbing sewer services and water to this lot on the west for when that lot at that time redeveloped. As mentioned, we will be providing a six foot private vinyl fencing on the perimeter of the property, as well as meeting all requirements the City of Meridian would have as far as all agencies. A few other key points. ACRD and the City of Meridian will be very happy to know that this easement will be vacated, therefore, limiting direct access onto Cherry Lane, which, of course, as you know, will make it safer for the area. The site will also be providing pressurized irrigation. A pump house will be located in this area on the Jones's property. This will be maintained by Moose Creek's HOA, as well as the Joneses. I believe the location of the pump house is for one day when Mrs. Jones does redevelop her property, that she will be able to punch into the pump house for the pressurized irrigation. Overall, this is going to be a really quality development. It's a nice in-fill site that we are providing many requirements that the city wants, stubbing to the west and to the south for when -- when these parcels do redevelop. Two, again, as stated, we are limiting access onto Cherry, which is going to make this area safer. It's been an ongoing project. It's had many bumps in the road and I'm excited to get to this point. Mrs. Jones is here to discuss her position on the relinquishment of the easement. And with that I will thank you for your time and consideration and I will stand for any questions that you may have. De Weerd: Thank you. Council, any questions? Meridian City Council August 21, 2007 Page 64 of 67 Bird: I have none. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just one and this is actually off of your property, but since you're going to use Summertree as an access, somewhere in the process this was discussed as a one-way, counterclockwise circle, so that traffic would have to come in and traffic leaving would have to do this. Did that get changed? Is this -- this Summertree portion next to that island a sufficient two way street? Whitehead: Councilmember Zaremba, you know, I apologize, I was not aware that that was a one way. Zaremba: It may have gotten changed before this -- Whitehead: Sure. Absolutely. The residents that will be using it will just -- we are dedicating an additional ten feet right of way to make this a full street. So, I would believe that it wouldn't need to be one way. We are dedicating the remaining portion of that to make that street complete. Zaremba: Okay. Whitehead: But maybe Anna could shed some light on that. Canning: Sabrina knows my deep dark secret. I happen to be acquainted with the planner who processed that application to the other side and I don't believe it was ever a two-way street -- or a one-way street. They talked about it briefly, but I think we convinced them -- I think I convinced them that it didn't need to be, that because it was just for the local traffic that there was sufficient room. They did restrict parking, so -- Zaremba: My memory isn't that it ended up that way, (just -- I remembered some discussion about it and wanted to make sure it didn't end up that way, so I think it didn't end up that way. Whitehead: Any other questions at this time? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: This entire parcel will be a common lot owned by the homeowners and will this portion that's now an access point be landscaped consistent with the entire -- • • Meridian City Council August 21, 2007 Page 65 of 67 Whitehead: Yes. Councilman Rountree that will be an entire landscape buffer. Absolutely. Yes. De Weerd: Okay. Anything further from Council? Thank you. Teri Jones. If you will, please, state your name and address for the record. Jones: Teri Jones. 1490 North Jones Creek. Good evening, Madam Mayor and City Council. Everybody. Anna. This has been a long process and we are excited to be done and we are currently in negotiation. We do have several items that -- it's at an attorney right now, just because we want them to bond for the issues that we want to see performed for us to give away our easement on this, so that we are protecting ourselves just for the future for that. So, we are happy about where we are at with this. De Weerd: Good. Council, any questions? Bird: I have none. Zaremba: I was just going to comment on the wisdom of that. We have in the past had agreements from people that we agreed with and trusted and, then, they sold the property and somebody else didn't have the same thing in writing, so -- Jones: Right. Right. Well, we just did it just to be smart and just be business smart, so --and that's it. I thank you for your time. De Weerd: Very good. Thank you. Jones: Okay. Thanks. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? You don't have to. Stanfield: I'm the big commercial developer to the west -- no. Scott Stanfield. 314 Badiola. I don't want to surprise the applicant tonight, this all just kind of happened in a roundtable that we had for my client's project, which is due west of here and, then, it was discovered that this hearing was tonight and so I grabbed ahold of the preliminary plat. Their preliminary plat doesn't show the sewer main stubbing to the west and that's where we would have to get sewer from. That's really our only option. And typically -- and this is probably the case that Len has a condition in there that says stub to and through. So, I just want to make sure the city follows that typical policy of to and through, number one. But, number two, that that to and through be done when the main sewer is done, so a spite strip isn't created. Meridian City Council August 21, 2007 Page 66 of 67 De Weerd: And she -- they did mention in their testimony that they are stubbing to the west. Stanfield: Okay. That's it. De Weerd: So -- Stanfield: With that I will sit down. De Weerd: Thank you. Okay. Any other testimony? Final comments? Whitehead: For the record again, Sabrina Whitehead. Just to clarify to that -- I think it was just an oversight on the preliminary plat that we didn't stub that to the west. Our construction plans will absolutely document that stub for when they do their future development. So, I just wanted to say it on the record one more time. Other that than, I'll stand for any questions and thanks for your for time. De Weerd: Thank you. Anything further from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Staff? No. Okay. If there is no further testimony or need for information, I would entertain a motion to close. Rountree: So moved. Bird: So moved. Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Unless there is some discussion, I move that we approve Item 14, PP 07- 006. Bird: Second. Meridian City Council August 21, 2007 Page 67 of 67 De Weerd: Okay. I have a motion and a second to approve Item 14 to include testimony by the applicant, staff comments, and any public comments; correct? Rountree: Always. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, you do have the draft letter in front of you. If you will take a few moments, look it over, we will try and get signatures tonight. Bird: I'd like to, yeah. De Weerd: With that I would entertain a motion to close. Borton: So moved. Zaremba: Second. De Weerd: Okay. All those in -- oh. Motion to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 10:27 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: l IL l DATE APPROVED MAYOF~yi4MMY de WEERD = $~~'L = ~ESTED• ~~'j ~ T "~ ~+~ ~~ G. BERG JR., (QTY CLERK •. August 17, 2007 MERIDIAN CITY COUNCIL MEETING August 21, 2007 APPLICANT ITEM NO. 5-A REQUEST Agreement to Hookup to City Services, Property Outside City Limits 4270 East Overland Road 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: J-~ 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. • U City of Meridian Public Works Dept. Memo To: Mayor De Weerd 8 City Council From: Karie Glenn CC: File Date: 8/10/2007 Re: Proposed Agenda Items for 8/21/07 City Council Meeting RECEIVED AUG 1 i 2007 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 8/21/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Agreement to Hookup to Citv Services property outside Citv Limits-4270 E Overland Road. Richard Boyack has signed the agreement to annexation once contiguous in order to Proceed with a connection to Meridian City water and sewer. During the construction on Overland Road, his drain field was damaged. ACRD has agreed to pay associated costs with this connection. Recommended Council Action: Approve the Agreement and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 4270 E Overland Rd THIS AGREEMENT is made and entered into this ~ ~ day of 1~ L 20~~ , by and between CITY OF MERIDIAN, a Municipal corporation of the Sta of Idaho, hereinafter referred to as "CITY", and Richard D Boyack , as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1 • RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -1 • . 2. 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: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "SewerlWater System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 2 • • CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 3 • by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting-party shall then have thirty (30) days after delivery of notice of default to correct the same before the non-defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o Public Works Director City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 PROPERTY OWNER: * Richard D Boyack * 4270 E Overland Rd * Meridian ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 4 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. l 7. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 5 • • 18. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner By: ATTEST: WILLIAM G. BERG, JR., CITY CLERK APPROVED BY COUNCIL ON Name: Richard D Boyack CITY OF MERIDIAN MAYOR TAMMY DE WEERD AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 6 STATE OF IDAHO, ) County of Ada) ss. On this ~~ day of .~N~ , in the year 2Q~, before me, the undersigned, a Notary Public, personally app •ed,_Richard D Boyack~, known or identified to me to be the property owner, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day a.d~~t~tl1~'i$~d~c~:ificate first above written. (SEAL) ~ ~ ~ ~ p ~'~ ~ ; .~~~~.. ~ ~ ~ ~ `~ ,may .; ~~ Notary Public fo Idaho . ~ ~ . Residing at: ~~, . ~•• - ~~~ '~~ ~ My Commission Expires: ~~ - ~ - ~~ • `~ ~~l ~ • •. • STATE OF IDAI-~b~ ~'~~••• ~' ss. County of Ada ) On this day of , in the year 20, before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - ~ Page 1 of 1 87555000015 - 4270 E OVERLAND '" r ~° J ~ I ~ ~ ~ ' r xxL ~~ _ . .,~ ~ -.. ,.~ ~.. ,: y ~ i : _ . ~ -, __ ~ ~ ~ ~~ ~. t ijx y ~ .. 1 3. ~'' ~ ~,~ ~ ~~ .;:•- ~ ,fit ~ +~.' ~ ~ . .. .. ' `. ' .. ~., ,~ F q ~ • t . ~~ , , ,~ 7r.. f .a . _ ., r ~ '" ~ra , ~ ,~ e ~ + "~i . . sr- ' t ~ i ~H : r Y r ~~-. ~ ~ ~ . t ._wpJ M _ ~. , ' ~4 ,~~~`y- Y i~~ ~ yet b ~ ~+~ ~,. ~ ~ ~ f _d 7 iq. M~~ ~ ' '. '~...ps y.~ t ~ ~ ,u~ 3~ } ~i: ~ ' ~yey ~ ~ ~ ii~r ;n d ,fit +i ~ ~ .. ; ,;' ... ~ THIS MAP NOT INTENDED FOR NAVIGATIONAL USE http://208.186.142.152/imf/imfPrintMap jsp?title=87555000015%20%204270%20E%20... 8/10/2007 August 17, 2007 MERIDIAN CITY COUNCIL MEETING August 21, 2007 ~J APPLICANT ITEM NO. S-B REQUEST Public Works Change Order No. 2, Water and Sewer Improvement in Conjunction with ACHD West lst Street, Washington to Cherry Road Project for a cost of $33,235.00 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: 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. ~J RECEIVED AUG 1 3 2007 Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File` ,~,c~T~ !ti~',j' Dates 8/13/07 Re: Proposed Agenda Item for July 24 City Council Meeting (;ity Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the August 21 City Councl agenda, under Consent Agenda, for Council's consideration: Change Order Number 2. Water and Sewer Improvements in Conjunction with ACRD West 1~ Street, Washington to Cherry Road Project: This change order adds an additional hot tap, additional pipe sleeve material, valves, 2 hydrants, and other items not included or anticipated on the original bid or the first change order. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 2 for Water and Sewer Improvements in Conjunction with ACHD West 18t Street, Washington to Cherry Road Project for a cost of $33,235 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • CITY OF MERIDIAN CHANGE ORDER NO. 2 33 EAST IDAHO PROJECT NO. 0668b MERIDIAN, ID 83642 DATE: 8/13/2007 EFFECTIVE DATE: 8/13/2007 CONTRACT CHANGE ORDER ~.vi~ i rw~, r arc: rang txcavation PROJECT: West First Street, Washington to Cherry The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Price includes additional hot tap on Washington, 500 cy of bedding material excluded from CO #1, additional pipe sleeving material needed, 8 additional water services not included in original bid, 3 additional valves, 2 fire hydrants, and 2 bollards. Reason for Change Order: Items needed and not included in original bid or CO #1. Attachments: Bids from King Excavation CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Ori final Contract Price $ 18,042.50 Ori final Contract Time: 120 Net changes form previous Change Orders Net changes form previous Change Orders No._1_ to _1_ No._ to _ (calendar days) $ 88,800.00 0 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $ 106,842.50 120 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (caiendar days or Gate) $ 33,235.00 0 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $ 140,077.50 120 RECOMMENDED: (CONS UCTION MANAGER) ACCEPTED: (CONTRACTOR) By: gy; Date: ~~`~/~'~ Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: • August 17, 2007 MERIDIAN CITY COUNCIL MEETING August 21,2007 APPLICANT ITEM NO. 5-C REQUEST Water Main Easement Agreement for Qdoba Retail Shell (Eagle Road) by Blue Marlin Investments, LLC 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: 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. f~ City of Meridian Public Works Dept. RECEIVE Memo To: Mayor De Weerd & City Council From: Kane Glenn CC: File Date: 8/14/2007 Re: Proposed Agenda Items for 8/21107 City Council Meeting AUG 1 ~ ?_007 City Of 1Vleridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 8/21/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Qdoba Retail Shell (Eagle Rd) by Blue Martin Investments LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Qdoba Retail Shell (Eagle Rd) by Blue Martin Investments LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this ~~day of, 20~between 13fue ~1elr~~h ~~s~+tieK the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: i`7a a~ ~l~ Secretary STATE OF IDAHO ) ss County of Ada ) On this day of , 20_, More "me the undersigned, a Notary Public in and for said State, personally appeared ~'" , and ,known or identified . e to be the President and Secretary, respectively, of the corporation that executed the to instrument, and acknowledged to me that such corporation executed the same. IN WITNES fist above (SEAL) I have hereunto set my hand and affixed my official seal the day and year NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: Water Main Easement EASMT WTR.doc State of Idaho ) ss. County of Ada ) • On this _~ day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeare Winston H. Moore, known or identified to me to be a member and authorized representative of Blue Marlin Investments, LLC, and he duly acknowledged to me that he executed the within instrument on behalf of said limited liability company and that said limited liability company executed the same. ``~N~NUUq~~~~~~ ``~~~~~~E L. GIeS,Q~,/'i Nota ublic or Idaho • ••. Residing at trb,t ~Q~,~.r~ NOT''~RY ': Comm Expires (,~ ~~ ~ Zbt2 ': ~'UBLIC GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR.doc August 3, 2007 Page 1 of 2 EXHIBIT "A" WATER MAIN EASEMENT ^^ ^ ^ Quadrant Consulting, Inc. An easement for the construction and maintenance of a water main across a portion of Lot 3, Block 2 of Centrepointe Subdivision, Book 97 of Plats, Pages 12330-12331, Instrument Number 107047647, Ada County Records, situated in a portion of the Southeast'/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 32, thence along the South line of said Section being the centerline of East Ustick Road North 89°44'39" West 215.62 feet; thence leaving said South line North 00°15'21" East 542.00 feet to the POINT OF BEGINNING; thence North 90°00'00" West 26.51 feet to a point on the East line of an existing sewer and water main easement, Instrument Number 106070932, Ada County Records; thence along said East line North 00°45'09" West 20.00 feet; thence leaving said East line South 90°00'00" East 26.65 feet; thence South 00°21'23" East 20.00 feet to the POINT OF BEGINNING. Said easement contains 532 square feet or 0.01 acres more or less. C .Q /`L/ J TF 0 F \H! LC 904 w. Overland Boise. ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrant~squadrantcc Civil Engineering Surveying Construction Monagement • • August 17, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING August 21, 2007 APPLICANT Mayors Office ITEM NO. 6-A-1 REQUEST Discussion of Joint Platform Proposal for Youth in the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~k ~~ "~,~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • €v,,~.~ A CI T Y PLATFORM for Strengthening Families and Improving Outcomes for Children and Youth Prepared by NLC's Council on Youth, Education, and Families i • A City P/aiform for Strengthening Families And Improving Outcomes for Children and Youth very day, mayors and city councilmembers throughout America are reminded that children, youth, and families are the lifeblood of their neighborhoods and communities. Strong cities are built on a foundation of strong families. For this reason, the actions that municipal leaders take to strengthen families and improve outcomes for children and youth play a key role in boosting the health and vitality of their cities and towns. A Platform for City Action The Costs of Inaction Under the leadership of San Jose Mayor Ron Gonzales, NLC's Council on Youth, Education, and Families (YEF Council) worked throughout 2005 to develop a platform or agenda for municipal action and leadership on behalf of children, youth, and their families. The YEF Council's goal is to chal- lengeevery city and town to take concrete steps that are likely to yield immediate and significant results, regardless of the community's size or composition. We all know that local circumstances and needs vary greatly. The YEF Council has developed atwo- partplatform for city action that encourages munic- ipal leaders to move forward by building upon their own unique mix of assets and opportunities: • The ,platform's first part highlights an essential "infrastructure," key functions and processes that play a crucial role in effective or sustained investments in children and families. The second part of the platform calls upon municipal leaders to take a series of more spe- cific action steps in each of seven issue areas: early childhood development; youth develop- ment; education and afterschool; health and safety; youth in transition; family economic suc- cess; and neighborhoods and community. Some may view this platform as quite ambitious. Without question, it asks mayors and other city leaders to place the needs of children, youth, and families high on their city's agenda ...and then to keep them there. At the same time, the costs of failing to act are enormous. They are reflected in individual lives, municipal budgets, and prospects for city growth and revitalization. When families fail, children -our next generation of citizens, workers, and leaders -all too often fail as well. We see the toll of family failure in higher rates of child poverty, child abuse, school failure, and a host of related societal problems. And we know that it takes nearly Herculean efforts to reverse the damage to children when families can- not support and nurture them. Many of the highest costs of family failure land squarely on the doorsteps of our city halls, as spending for public safety, education, and human services rise and the strength of the local work- force and economy is undermined. This platform does not represent a catalog of everything that city leaders can or should do to strengthen families and prevent these failures. Rather, it provides starting points for city action - practical steps that every city and town can take to build stronger families and improve outcomes for its children and youth. For a fuller statement from NLC's Council on Youth, Education, and Families that presents the case for municipal leadership to strengthen families and highlights the costs of inaction, see Strengthening America's Families: Whet Municipal Leaders Must Do in the Publications section at www.nlc.org/iyef. l~J I. Essential "Infrastructure" for Sustained Progress Every community must have a structure, mechanism, or process for carrying out each of four essential tasks that strengthen families, improve outcomes for children and youth, and sustain the community's efforts over time: 1) Identify needs, opportunities, and priorities for future action through a city commission, mayor's task force, or other group that brings together leaders from the public, pri- vate, and non-profit sectors as well as par- ents and other community residents. 2) Promote effective city-school collaboration through regular meetings between the mayor and/or city council, school board, and school superintendent that focus on shared priorities and the development of joint plans of action. 3) Encourage and support youth voice, engage- ment, and leadership through a mayor's youth council, appointment of youth to municipal boards and committees, and/or community-wide youth summits. 4) Measure progress over time through the use of a community "scorecard" or set of bench- marks that tracks key outcomes and places them within the context of a broader report on the status of children, youth, and families. I1. Key Action Steps to Consider Mayors, city councilmembers, and senior city administrators have many opportunities to act on behalf of children, youth, and fam- ilies in their communities. Initial steps to consider include: Early Childhood Development 1) Work with local United Ways and other community groups to prepare educational kits offering tips for new parents in the most commonly spoken languages, and distribute them through local hospitals and physicians. u 2) Provide information for parents that helps them find and assess the quality of available child care and preschool options, utilizing both print and web- based materials developed in partnership with community agencies. 3) Offer family literacy activities appropriate for families from diverse cultures and back- grounds in community-based settings such as public libraries. Youth Development 4) Enlist youth to map local resources and needs, and support other youth-led service activities that tap the potential of young people as community assets. 5) Identify and improve safe places for chil- dren to play and youth to get together in every neighborhood in order to promote physical activity, healthy development, and positive interactions with peers. 6) Expand opportunities for youth partici- pation and leadership through programs offered by city recreation departments, libraries, museums, and other youth- serving organizations. Education and Afterschool 7) Encourage family involvement in schools by sponsoring "First Day" celebrations and providing release time for city employees when they attend parent-teacher confer- ences or other school events. 8) Develop a blueprint for how the city, schools, business leaders, community groups, and parents will work together to support and improve student achieve- ment, high school completion, and post- secondary access. 9) Establish a local afterschool coalition or task force, including both city agencies and community-based providers, that works to identify new funding sources and create quality standards for after- school programs. Health and Safety 10) Partner with local health care providers, pharmacies, and other interested groups to highlight the availability of federal and state-funded health insur- ance for children and their families. 11) Publicize local efforts to recruit foster and adoptive families for children who have lost their parents or cannot safely live at home. 12) Work with school and law enforcement officials, social service agencies, and community or faith-based groups to reduce truancy and keep children safe and on track in school. Youth in Transition 13) Establish or support a mentoring initiative that connects young people to caring adults, recruiting volunteers from municipal agencies, local businesses, faith communities, fraternal organizations, and civic groups. 14) Support the development of alternative high schools and other options for struggling students that emphasize rigor, relevance, and relationships while responding to their diverse needs. 15) Build stronger linkages among key institutions (e.g., police departments, city human service agencies, juvenile courts, and foster care agencies) to help vulnerable youth, including those leav- ing systems of public care, children of immigrants, homeless youth, and preg- nant or parenting teens. Family Economic Success 16) Launch or support a citywide campaign to help ensure that low-income working families receive the federal Earned Income Tax Credit and other key bene- fits for which they may be eligible. 17) Support or sponsor financial literacy courses or personal financial counseling to help families develop savings plans, repair credit, avoid predatory lenders, and plan for homeownership. 18) Provide transitional jobs for disad- vantaged youth and adults who need temporary, wage-based employment as a stepping stone to develop work skills and enter the regular labor market. Neighborhoods and Community 19) Sponsor street fairs, neighborhood cele- brations, and multi-cultural community events to bring families together and build stronger ties among neighbors. 20) Create joint-use agreements with school districts and forge partnerships between school leaders and community-based groups to turn schools into centers of community life. 21) Hold media events, community forums, and site visits to local programs serving children, youth, and families as a way of keeping their needs in the spotlight. ~~ National League of Cities 1301 Pennsylvania Avenue, N.W. Washington, DC 20004-1763 www.nlc.org/iyef Message Line: (202) 626-3014 CITY OF MERIDIAN RESOLUTION NO. • BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AND MERIDIAN'S PROMISE, AND THE MAYOR'S YOUTH ADVISORY COUNCIL ADOPTING THE NATIONAL LEAGUE OF CITIES' PLATFORM FOR STRENGTHENING FAMILIES AND IMPROVING OUTCOMES FOR CHILDREN AND YOUTH. WHEREAS, strong families form the backbone of strong communities; and WHEREAS, the City of Meridian considers the health and well-being of its children and youth to be a top priority; and WHEREAS, the City of Meridian recognizes that public safety, economic development, fiscal stability, a strong workforce, and an educated citizenry all depend on the investments and efforts made to help families and children succeed; and WHEREAS, municipal leaders can play a decisive role by taking action on behalf of children, youth, and families; and WHEREAS, the National League of Cities has developed a City Platform for Strengthening Families and Improving Outcomes for Children and Youth, which outlines the essential tasks necessary for sustained progress, including identifying needs and priorities, promoting effective city-school collaboration, encouraging and supporting youth voice and leadership, and measuring progress over time; and WHEREAS, the National League of Cities' Institute for Youth, Education, and Families will support municipalities' adoption and implementation of the City Platform by providing information, examples from other cities and towns, access to national experts, and monitoring of progress on the Platform's action steps; and WHEREAS, the City of Meridian is committed to implementing concrete action steps listed in the Platform, including, Supporting Meridian's Promise on the following actions: 1. Establishing a city wide partnership alliance that enables the city, school district, business leaders, community groups and parents to work together to support youth development in an efficient manner, stimulate joint use facility agreements with key institutions, and help vulnerable youth including those RESOLUTION -PLATFORM FOR STRENGTHENING FAMILIES AND IMPROVING OUTCOMES FOR CHILDREN AND YOUTH Page 1 of 3 leaving systems of public care, children of immigrants, homeless youth, and pregnant or parenting teens. 2. Encourage funding sources to invest in youth outcomes from within the community to broaden youth impact. 3. Establish or support a mentoring initiative that connect young people to caring adults, recruiting volunteers from municipal agencies, local businesses, faith communities, fraternal organizations, and civic groups. Supporting the Mayor's Youth Council in the following actions: 1. Uniting High Schools to engage in and provide youth with a voice. 2. Hosting, promoting, and partnering in community events for the purpose of strengthening families in our community. 3. Sustaining a healthy community by offering safe outlets for youth and encouraging positive life choices. WHEREAS, Meridian's Promise and the Mayor's Youth Advisory Council have been established as city wide youth focused entities working to ensure that Meridian's youth are successful today and in the future. WHEREAS, the City of Meridian, Meridian's Promise and the Mayor's Youth Advisory Council join cities and towns across America in this nationwide initiative to promote family- and youth-friendly communities. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council Members of the City of Meridian, and Meridian's Promise and the Mayor's Youth Advisory Council of the City of Meridian that the City of Meridian adopts the National League of Cities' Platform for Strengthening Families and Improving Outcomes for Children and Youth, and will seek to establish the essential infrastructure for a sustained community effort to achieve the Platform's objectives. ADOPTED by the City Council of the City of Meridian, Idaho, this day of .2007. APPROVED by the Mayor of the City of Meridian, Idaho, this day of .2007. RESOLUTION -PLATFORM FOR STRENGTHENING FAMILIES AND IMPROVING OUTCOMES FOR CHILDREN AND YOUTH Page 2 of 3 • ATTEST: By: William G. Berg, Jr., City Clerk APPROVED: Mayor Tammy de Weerd ADOPTED by the Mayor's Youth Advisory Council of the City of Meridian, Idaho, this day of , 2007. ATTEST: By: Secretary APPROVED: President - MYAC ADOPTED by Meridian's Promise, Inc. of the City of Meridian, Idaho, this _ day of , 2007. APPROVED: ATTEST: By: Secretary President -Meridian's Promise RESOLUTION -PLATFORM FOR STRENGTHENING FAMILIES AND IMPROVING OUTCOMES FOR CHILDREN AND YOUTH Page 3 of 3 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AND MERIDIAN'S PROMISE, AND THE MAYOR'S YOUTH ADVISORY COUNCIL ADOPTING THE NATIONAL LEAGUE OF CITIES' PLATFORM FOR STRENGTHENING FAMILIES AND IMPROVING OUTCOMES FOR CHILDREN AND YOUTH. WHEREAS, strong families form the backbone of strong communities; and WHEREAS, the City of Meridian considers the health and well-being of its children and youth to be a top priority; and WHEREAS, the City of Meridian recognizes that public safety, economic development, fiscal stability, a strong workforce, and an educated citizenry all depend on the investments and efforts made to help families and children succeed; and WHEREAS, municipal leaders can play a decisive role by taking action on behalf of children, youth, and families; and WHEREAS, the National League of Cities has developed a City Platform for Strengthening Families and Improving Outcomes for Children and Youth, which outlines the essential tasks necessary for sustained progress, including identifying needs and priorities, promoting effective city-school collaboration, encouraging and supporting youth voice and leadership, and measuring progress over time; and WHEREAS, the National League of Cities' Institute for Youth, Education, and Families will support municipalities' adoption and implementation of the City Platform by providing information, examples from other cities and towns, access to national experts, and monitoring of progress on the Platform's action steps; and WHEREAS, the City of Meridian is committed to implementing concrete action steps listed in the Platform, including, Supporting Meridian's Promise on the following actions: 1. Establishing a city wide partnership alliance that enables the city, school district, business leaders, community groups and parents to work together to support youth development in an efficient manner, stimulate joint use facility agreements with key institutions, and help vulnerable youth including those leaving systems of RESOLUTION -PLATFORM FOR STRENGTHENING FAMILIES AND IMPROVING OUTCOMES FOR CHILDREN AND YOUTH -Page 1 of 3 public care, children of immigrants, homeless youth, and pregnant or parenting teens. 2. Encourage funding sources to invest in youth outcomes from within the community to broaden youth impact. 3. Establish or support a mentoring initiative that connect young people to caring adults, recruiting volunteers from municipal agencies, local businesses, faith communities, fraternal organizations, and civic groups. Supporting the Mayor's Youth Council in the following actions: 1. Uniting High Schools to engage in and provide youth with a voice. 2. Hosting, promoting, and partnering in community events for the purpose of strengthening families in our community. 3. Sustaining a healthy community by offering safe outlets for youth and encouraging positive life choices. WHEREAS, Meridian's Promise and the Mayor's Youth Advisory Council have been established as city wide youth focused entities working to ensure that Meridian's youth are successful today and in the future. WHEREAS, the City of Meridian, Meridian's Promise and the Mayor's Youth Advisory Council join cities and towns across America in this nationwide initiative to promote family- and youth-friendly communities. NOW, THEREFORE BE IT RESOLVED by The Mayor and Councilmembers of the City of Meridian, and Meridian's Promise and the Mayor's Youth Advisory Council of the City of Meridian that the City of Meridian adopts the National League of Cities' Platform for Strengthening Families and Improving Outcomes for Children and Youth, and will seek to establish the essential infrastructure for a sustained community effort to achieve the Platform's objectives. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2007. APPROVED: ATTEST: Mayor Tammy de Weerd RESOLUTION -PLATFORM FOR STRENGTHENING FAMILIES AND IMPROVING OUTCOMES FOR CHILDREN AND YOUTH -Page 2 of 3 By: William G. Berg, Jr., City Clerk (SEAL) ADOPTED by the Mayor's Youth Advisory Council of the City of Meridian, Idaho, this day of , 2007. APPROVED by the President of the Mayor's Youth Advisory Council of the City of Meridian, Idaho, this day of , 2007. ADOPTED by Meridian's Promise, Inc. of the City of Meridian, Idaho, this day of , 2007. APPROVED by the President of Meridian's Promise, Inc. of the City of Meridian, Idaho, this day of , 2007. APPROVED: ATTEST: By: RESOLUTION -PLATFORM FOR STRENGTHENING FAMILIES AND IMPROVING OUTCOMES FOR CHILDREN AND YOUTH -Page 3 of 3 • August 17, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING August 21, 2007 APPLICANT Public Works Department ITEM NO. 6-8-1 REQUEST South Meridian Reimbursement Agreements 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: ~~,~ ~1 Sw"S~,'S WI ,~w COMMENTS ~ d~ „~/~ ~-r l~j~~ Date: Phone: Staff Initials: Materials presented at public meefin~s shall become property of the City of Meridian. ~ ~ • COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 27-INCH AND 30-INCH SANITARY SEWER TRUNKLINE OVERLAND ROAD TO CINDER ROAD THIS AGREEMENT made this ~ ~ Skday of ~C` i -~{- , 2007, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Linder 109, LLC, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER'S property and future City of Meridian property, shown on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preuaration of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system (hereinafter called "Project"), shown on Exhibit "B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. C. Construction of the Project. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 1 of 12 • 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. D. Solicitation of Bids. DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. E. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 2 of 12 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by securing a letter of credit in favor of City upon project completion in the amount often percent (10%) of the total Project cost. F. Conditions Precedent to Execution of Construction Contract(sl. Prior to execution of any construction contract, the following conditions shall be satisfied: 1. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER'S failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. G. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct oversized sanitary sewer improvements, as shown on Exhibit "B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. DEVELOPER shall fund 100% of the cost of the Project, estimated at 454 690, with reimbursement from the CITY in accordance with the provisions of this Agreement. H. Charge Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1 %) of the contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. I. Com.~letion of the Proiect. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written, certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non-conforming matters. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 3 of 12 • 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as-built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. J. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER that portion of the cost allowed by City Code, after a 2.5% deduction for an administration fee, with the total reimbursement to the DEVELOPER estimated at 320 043. 2. Method of Payment. To receive payment, DEVELOPER will provide CITY with a written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. 3. Reimbursement Payment. CITY shall make to DEVELOPER in one Reimbursement Payment. Adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to DEVELOPER's request for the first Reimbursement Payment. CITY shall make the Reimbursement Payment upon (a) DEVELOPER'S satisfactory completion of the construction of the sewer improvements; and (b) DEVELOPER'S submission to CITY proof of costs and CITY'S approval of such proof as substantially conforming to the estimated costs in the proposal approved by City Council. The Reimbursement Payment shall be subject to submittal of a Letter of Credit to the City of Meridian in the amount of 10% of the total Project cost to secure the one year warranty as required of contractor in section E(8) of this Agreement. The Letter of Credit shall be released in full after a 1-year warranty period from the date of acceptance subject to any costs incurred by the City for rework or warranty issues during the 1-year warranty period. City shall notify Developer in writing of warranty issues or necessity for rework and Developer shall commence work within 30 days of written notice. If Developer fails or refuses to undertake warranty or rework within the time frame noted, City may apply letter of credit to warranty work and account for funds disbursed. The letter of credit shall not be deemed a limitation of the DEVELOPER'S obligation to fully warranty the Project for the one year period. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 4 of 12 • K. Sanitary Sewer Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. L. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. M. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until City accepts the Project as per Section I, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. N. No Assi rug_nent. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. O. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 5 of 12 herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. P. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Q. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 200 E. Carlton, Suite #101 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Linder 109, LLC l a (~ ~c.~-~'e3~ ~'F- t t~1P~ric~t rs cn ,~ i b ~ ~ ~ ~ with copy to: Trout, Jones, Gledhill, Fuhrman, P.A. Attn: Stephen J. Gledhill P.O. Box 1097 Boise, ID 83701 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 6 of 12 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. R. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. S. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. T. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. U. Definition of DEVELOPER's Property. The term "DEVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Southridge Subdivision. V. BindingLEffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. W. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. X. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER'S records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Y. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 7 of 12 1N WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: Linder 149, LLC l'yl~~z~,~ir/~ ~`~~~~~~ Title Date CITY: BY: ~ ~ ~ ~~ ~ TAM Y de E ,MAYOR ``~~,,t~~aaaja,~)ate Attest: /~~~''`'` ~ ~ .'~~;~'~~~'~.y -'a' ~-' ~~. ~~ /-~'~~ WILLIAM G. BERG, JR., ' <~, ~, ~~::~w C~.E ~' ~ 3 ~~ r ~ /~~~~~aa+aaaa na~~~9~~~~ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 8 of 12 ~~ ,.T......e ~,.,.;~~oa~ STATE OF IDAHO ) ss County of Ada ) • On this ~ a~ day of ~~. a ~ s~ ,2007, before me the undersigned, a Notary Public in and for said State, personally appeared ~aM¢s ~. 3ewn~7~- , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~rB ROQj~I ~pTARl, ra• pvs~~~ ~~- o °'••'.''F o~ ~o~ STATE OF IDAHO ) ss County of Ada ) Notary Public or Idaho Residing at: of aT 2 D Commission Expires: 1- 2g - 2013 On this .f I ~~ day of ~~+~~~ , 2007, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 12C~~fY~2~Z( ~~ Notary Public For Idaho Residing at: ~2~ ~~~7~ Commission Expires: ~ %~ --l,S'=// COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 9 of 12 0 Z W O i~- N O M aavaaois 1 ~~~~3~10 N Q ~_ W N Z J pso W m H ~ Ii w w c~ 0 w V I }~ ~ LZ O ~'~' U ~ ~ F° m Y = Z X ~ W U! 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I I ezes6 $ ~ ~ i I ~ r6Ye9a $ -1-~ 55 8 6 " ~ : ~ ~ ~ ' 1~. ~ b~ ~ L'C6L2 ~ .. t -- $< , , CCY69L - ------- ' t ~ ~ ~ b I s i3 ~~ ~ ~ I I ' ~ ~ ' :i; ~~~ MtJ ~ I , , I i ~ I I I I 4 ~ IY66Z ~~ £'Z~ 133H5 335 - 3Nf1H:11tlW , I ~' _ i 'Z~~~133NS;335 - 3A1f1N~1tlW ~6~ ~ ~~~ ~ ~~~°~ ~ ~ ~ ~I i I I ~' ~~ ~ nse5e ~ '' ~ ~ ~~~ ! 16°X6 ~ ns~i ~ ~ ~ IE ~~ I' ~ ~ (5~ ~~ ~ j . ~ row ~,~I~ ~~ Y 5 1 " ` - 1I I I ~ ~~ ~ ~ ~ i c %I ~ as w9~ w I i ~ p , 7 ~, ~ -- ~ 6's6st fO~BBYL R e I ~ + i L'B661 a I® I A ~~ , ~I ~~~~~- i Pi ~I ~~ R~ i3j N~ N i31 631 i3: "rX 1-r' f t3 f''~ ~ EXHIBIT "C" BLACK CAT TRUNK OVERSIZED SEWER OVERLAND TO CINDER (LINE A1) - 30" and 27" CINDER TO STODDARD (LINE B) - 27" TOTAL CONSTRUCTION COSTS LINE Al LINE B TOTAL REIMBURSEABLE OR CITY CONSTRUCTION COSTS $454,690 LINE Al $328,249 $519,989 LINE B $359,581 $974,679 TOTAL $687,830 ESMF =Engineering, Survey, Management, Fees LINE Al SOUTHRIDGE COSTS TO BE PAID IN FALL 2007 BY SOUTHRIDGE AND REIMBURSED FROM THE CITY OF MERIDIAN LUMP SUM UPON COMPLETION AND ACCEPTANCE Construction $454,690 By Southridge ESMF $35,219 By Southridge Reimbursable Construction $328,249 Engineering $21,530 Surveying $3,840 Management $2,500 City Plan Review $2,603 City Inspection $2,246 ACHD Inspection $2,500 Reimbursable Subtotal $328,249 City Admin (2.5%) -$8,206 (2.5% of Reimbursable Construction Plus ESMF ONSITE DEVELOPER CONSTRUCTION COSTS LINE Al $126,441 LINE B $160,408 TOTAL $286,849 REIMBURSE $320,043 AMOUNT TO BE PAID TO SOUTHRIDGE UPON COMPLETION LINE Al LINE B BEARWOOD COSTS TO BE PAID IN SEP/OCT 2007 BY SHEPHERD CREEK AND REIMBURSED FROM THE CITY OF MERIDIAN 100% UPON COMPLETION Construction $519,989 By Shepherd Creek ESMF $22,700 By Bearwood FEE TO BE PAID TO CITY BY BEARWOOD PRIOR TO SIGNATURE ON PHASE 1 FINAL PLAT Fee Developer Portion $160,408 Engineering -$9,500 Surveying -$4,800 Management -$2,500 City Plan Review -$2,100 City Inspection -$1,800 ACHD Inspection -$2,000 Fee Payment Subtotal $160,408 City Admin (2.5%) $8,990 (2.5% of Reimbursable Construction) FEE PAYMENT $169,397 AMOUNT TO BE PAID BY BEARWOOD TO CITY PRIOR TO PHASE 1 LINE B FINAL PLAT SIGNATURE FOR LINE B CONSTRUCTION NET COST City of Meridian $670,634 64.9% $519,989 Shepherd Creek (Line, B) Reimbursement (Sep/Oct 2007) $320,043 Plus Southridge (Line A) Reimbursement Payment (Dec 2007) -$169,397 Minus Bearwood (Line B) Fee Payment (Spring 2008) Includes $17,196 Admin Fee Southridge $169,867 16.5% $454,690 Southridge (Line A) Construction Costs (Aug/Sep 2007) -$320,043 Minus Southridge (Line A) Reimbursement (Dec 2007) $35,219 Plus ESMF Bearwood $192,097 18.6% $169,397 Bearwood (Line B) Fee Payment (Spring 2008) $22,700 Plus ESMF GRAND TOTAL $1,032,598 100% Prepared By: Matthew B. Schultz Firm: RMR Consulting, Inc. Date: August 21, 2007 Meridian City Council August 21, 2007 Page 6 of 64 and do things we are able to do it better. And so we want to make sure we fill in those gaps for kids and approving this resolution is a valuable step in that process, so another thing is to encourage funding sources for the non-profit sector to see the value behind what they do when they invest in the long-term asset that are our youth. So, we would also ask you to support us in that endeavor and also to establish and support a mentoring initiative. We have Big Brothers, Big Sisters, they are very active in this valley. In fact, I know, Mr. President, you are big -- we want to continue to support that here in Meridian and choose that as one of our goals as well. So, I know your time is precious and I will close with that, but I would just ask that you support us in our goal to make sure our kids have what they need in this city. Any questions forme? De Weerd: Thank you. Schueler: Thank you all for your time. De Weerd: Council, I guess the platform in front of you and the subsequent discussion has been for your information. We'd like to put this on the agenda next week for your support and adoption. Certainly you can support the six action items that have been adopted by the Mayor's Youth Advisory Council and the three adopted by the Meridian's Promise and/or you can add your own, so however you would like to approach this, that's the direction I'm seeking tonight with the caveat to move this forward to next week's agenda for adoption. Bird: That's what i would recommend. Rountree: Madam Mayor, that would be my recommendation. Move it forward. De Weerd: Okay. Okay. Thank you. Thank you for joining us tonight. B. Public Works Department 1. South Meridian Reimbursement Agreements for Water & Sewer: De Weerd: Okay. Item 6-B under Public Works. I'll turn this over to Len. Grady: Madam Mayor, Members of the Council, tonight's request is a little bit unusual. You have received an agreement for -- a reimbursement agreement for lines A-1 and B as shown on the map here just a few minutes ago. I know you haven't had a lot of time to read it over, but the city attorney has read it over, I have read it over, and I think we are -- we are in a position where we would like to get approval with that reimbursement agreement and move towards construction. I understand from the city attorney's office there are some minor corrections, mostly cosmetic, nothing substantial that needs to be done, and we are still lacking signatures from the developers for line A-1 and B. So, what I'm asking tonight is fora resolution to approve these two reimbursement agreements that will take that Black Cat Trunk to Stoddard prior to getting -- prior to Meridian City Council August 21, 2007 Page 7 of 64 getting signatures from the developers. I'd like to give them a short time frame to get that signed and, then, get it to the Mayor later this week. Highly unusual, like I say. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Len, I have no problem -- I don't think we need a resolution, we just -- to agree upon these agreements. I have no problem, as long as you and the legal department feel comfortable with it and the people that we are entering into agreement with have no problem with it, of making a motion to approve this and for the Mayor to sign and the Clerk to attest once these are signed -- Grady: Yes. Bird: -- by the other party. Grady: They have to be signed by -- yeah. Bird: We would be the last signatures. I have no problem doing that, if that's what you want, if that's what you're asking for. Grady: That's what I'm asking for. Bird: Unless the rest of the Council -- De Weerd: Yes, Mr. Zaremba. Zaremba: Do we need a sense from the other potential signatories of how likely they are to accept the terms? Bird: Iwould -- I have no problem. I'd like to hear from Matt and -- Rountree: A couple of them out there. De Weerd: What -- maybe I should call on the one pacing in the back. Schultz: Good evening, Mayor and Council. Matt Schultz. RMR Consulting, 2127 South Alaska. And, yes, Mayor, we are talking about the Bear Creek Park. You always give me a hard time about -- we are not talking about the Bear Creek Park again, are we? De Weerd: We are not talking about trees -- Schultz: Yeah. Trees and all that, but -- no. It's been several years, but I am glad to be talking about the Black Cat Trunk getting built, because we have been talking about it for a long time and I know it's much needed and -- and I'm here to say that we have Meridian City Council August 21, 2007 Page 8 of 64 worked long and hard on getting these agreements signed and I think it's just been some last second, you know, minor tweaks by the legal department and us coming back and going, well, what about this, what about that, but I think what we have here is a -- or I know what we have here is a very signable agreement and we are -- we have had the contractor on the hook now since June 13 with a bid and so we need to -- we let it out to bid in early June and we have been anxiously waiting to get this awarded. So, it's not so much locking in prices, which is important, but if he doesn't order the pipe the manufacturer is going to give it to somebody else and it's going to take weeks to get a new batch and so we are really anxious to get this approved and moving down the road. Now, I would point out that I know the developer South Ridge is anxious to get back in front of you on this other section as well that's not before you tonight and, hopefully, that can come back before you soon to talk about how that -- how that might get reimbursed and it's part of that Overland Road reimbursement -- or realignment with ACRD. I know that's kind of a priority as well. So, what we would like to have you do tonight, based on assurances that our agreements are in order, is to -- is to concur with our award of the bid to Brown Construction and to approve the agreement subject to getting our signatures and bringing it back before the Mayor here hopefully by the end of the week to start with the construction of the 30 and the 27 and plus the 27 to start a road from Overland Road and get moving. There is a minor point I wanted to bring up in the agreement and Idon't -- it's not a deal killer, but I want to bring it up and see what Council says -- is there is about 60,000 dollars in what we call, I guess, soft costs above and beyond the construction costs. That's your engineering, surveying, project management, fees, permits, all those other miscellaneous costs and we originally had all those costs as reimbursable in our agreements, because the ordinance is a little vague, it says off-site is reimbursable, on site it may be, depending on how you interpret it. We at the last second took all that out because of an interpretation. So, we went from having it in and all the way out and I'd ask that maybe -- maybe a compromise would be in the spirit of the cooperative agreement that we split it and go half on it. It would seem like to be a minor dollar amount of, you know, 50,000, but when we are kind of tight with the banks and the infrastructure costs -- I mean this is a project that will be a hundred percent funded by the developers, we will hand over the keys when it's done, with a ten percent letter of credit for a one year warranty and say it's all yours. I mean it will be done a hundred percent, we are financing it -- we are financing all those costs. So, there is a little vagueness in the agreement and we'd just ask that we -- that we maybe split those soft costs and it's an easy little tweak to the agreement and other than that, I think we are -- we are ready to start laying some pipe and get a much needed sewer line in the ground to take the Ten Mile Trunk --and it's kind of at a capacity issue right now, so it will be good to -- not just for my little subdivision -- the reason I'm involved is I'm managing Shepherd Creek. I'm kind of the canary in the mine, so to speak, but there is a bigger problem than just Shepherd Creek needing service, it is the whole south part of Meridian, Tuscany, and some other subdivisions down there that are temporarily going into the Ten Mile Trunk that need to get taken off and the city has awarded a section right from here to here recently, they have awarded that section. And, then, we are only a half mile -- is all we are is a half mile to getting the whole part of south Meridian cleaned up in terms of the long-term master plan. So, this is a big chunk of it and we are happy to be involved in getting that done and putting it out to bid in accordance with Meridian City Council August 21, 2007 Page 9 of 64 your matrix, which reimburses a certain amount for depth and size and we have done all that properly and I think it's a shining example of a cooperative reimbursement that, essentially, gets the city what would -- normally they would pay a hundred percent for for something of this priority, at 70 percent of the cost. So, I think having a 30 percent reduction is a great way that -- to share that burden and get some things done in a timely fashion and a good price. So, with that we'd ask for your concurrence in awarding the bid to Brown Construction and move forward. Thanks. De Weerd: Okay. Any questions, Council? Bird: I have none. De Weerd: Okay. Thank you. Schultz: Thanks. De Weerd: Any other comments? No? Bird: Madam Mayor? Len, you agree with everything Matt said? Grady: Everything except that -- if there is one clear part of the ordinance it is that on site engineering costs are not to be reimbursed. There is some ambiguity, but that to me is a fairly clear portion of the agreement and so I would -- I would not agree with that. I agree with everything else. I think the agreement that you have in front of us -- I believe it represents what Matt and Kyle and myself agreed to and that's why I brought it forward. I'd be reluctant to see it changed. De Weerd: Okay. Bird: I don't disagree with you. Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Ihave a -- I guess a confusion to me. I think I heard Mr. Schultz use the word letter of credit and don't we normally take a bond or something? One, I'm not sure, is there a big difference between those two, but is that a change of policy or is that -- I mean I'm familiar with us asking for bonds, but did I hear letter of credit. Grady: Madam Mayor, Councilman Zaremba, we prefer a letter of credit if we can get one. Bonds we find are difficult at best to cash. When you go to cash a bond, the bank -- you have to prove to the bank that you're supposed to be cashing it and so you're automatically adversarial with the bank. A letter of credit you go down and you cash it and you're done, so it's a much easier, much cleaner instrument, in our opinion. And Meridian City Council August 21, 2007 Page 10 of 64 that's why we are only asking for the ten percent letter of credit just to cover maintenance costs. So, it's a minor substitution and we are okay with that. Zaremba: I guess the reason I ask that is that having been so many years on the Planning and Zoning Commission, I heard bond, bond, bond. Is this a permanent new policy that we are doing for everybody? Grady: You're absolutely correct and certainly if this was a Public Works project we would be going for a bond, because that's our ordinance. But because the contractor is doing this and we are reimbursing them, we are taking advantage of a little bit of flexibility, so -- Zaremba: Thank you. Grady: Okay. De Weerd: Okay. Any further questions from Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: We would need to do these separately; right? Madam Mayor, if we have no more discussion, I would make a motion that we enter into a cooperative construction and reimbursement agreement of 27 inch and 30 inch sanitary sewer trunk line, Overland Road to Linder Road, between the City of Meridian and Linder 109. This developer. And for the Mayor to sign and the Clerk to attest after the developer has signed. Nary: Madam Mayor? De Weerd: Before we have -- Nary: Oh, sorry. De Weerd: --discussion, can I have a second? Borton: I'll second for discussion. De Weerd: Okay. Mr. Nary. Nary: And, Madam Mayor, Members of Council, also if you would include in your motion -- I mean there are some minor changes that both parties need to complete into this agreement. As long as those get done, then, the developer could sign and, then, we'd have the Mayor sign. Meridian City Council August 21, 2007 Page 11 of 64 Bird: That would -- I would include that in my motion that if there is some other negotiation between the two parties, that that's done and that we sign -- the city, the Mayor, and Clerk sign after the developer has signed after that has been taken care of. De Weerd: Does second agree? Borton: Second agrees. De Weerd: Okay. Zaremba: Madam Mayor, further discussion? De Weerd: Discussion. Zaremba: Somebody made the suggestion that we also need to specify that the contract be awarded to Brown Construction. Is that part of this motion or something separate? Bird: He's working for them, he's not working for us. Zaremba: Okay. All right. De Weerd: I'd rather work for us. Matt, that wasn't a slight. Okay. Any further discussion? Rountree: I have none. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. The second agreement? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'd move we approve the cooperative construction reimbursement agreement for 27 inch sanitary sewer trunk line, Linder Road to Stoddard Road, between the City of Meridian, Idaho, and off-site developer of Shepherd's Creek, LLC, and on-site developer of Tuscany Development, Incorporated, and for the Mayor to sign and the Clerk to attest after the developers have signed and upon negotiation of the minor points that's left that might need to be done. Rountree: Second. • Meridian City Council August 21, 2007 Page 12 of 64 • De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I don't know if it's appropriate, but my question would be about the third portion that we are not talking about, the section that goes Overland Road the other direction where we hope it will be realigned, one, I still want to reiterate our support for ACRD tomorrow at one of their meetings, making that formal. I think this Council in the past has recognized the importance of that realignment and it is part of our old Ten Mile area plan and I think in the south Meridian area plan, but I wanted to reaffirm our commitment to ACHD to have that realigned and, then, I guess that leaves a question when are we likely to hear about that one, anybody know? De Weerd: Len. Grady: Madam Mayor, Members of the Council, like Mr. Schultz said, we are working towards getting the second leg of the -- the west leg negotiated. We were finding -- even as late as today we were flipping and flopping, so we weren't able to narrow in the bounds of that agreement. Certainly the city is committed to working with the developer and working towards a resolution of that. As far as the sewer goes in that -- in that line, we are in favor of it. We have an easement, the developer is required to put to and through, so short of just getting this agreement in place, we are not holding anybody up. So, just wanted to stress that, so -- Zaremba: So, we are still showing to ACRD that we are fully behind this and moving that direction, I guess. Behind the realignment. Grady: We -- well, last year Public Works went ahead and worked with the developer to get an easement. I believe it was even prior to the ACHD meeting, just to show ACHD that this -- if we are going to put sewer in here, that's where the road needs to go. So, at least as far as Public Works is concerned, we have finalized that location and that -- that's the support we can lend to this situation. Zaremba: Great. Thank you. Grady: So, I'm -- you know, time is -- we haven't been really quick so far, but I think as far as legal and the agreement itself, I think those terms are already set, so it's really a question now of fine tuning payback terms and that type of stuff, So, we are committed. Meridian City Council August 21, 2007 Page 13 of 64 De Weerd: So, I guess, Len, it's possible that could be on our next agenda September 4th. Grady: It certainly is possible. De Weerd: Okay. Grady: We will do our part. De Weerd: Thank you. Zaremba: Thank you. De Weerd: Okay. Anything else, Council? Rountree: I have nothing. Bird: I have nothing, Mayor. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 07-024 Request for Final Plat approval for 44 detached single-family building lots, 24 attached single-family building lots, 2 private street lots, and 10 common lots on 9.52 acres in R-4 and R-15 zones for Jericho Subdivision by Heron River Development, LLC - 6055 and 6185 North Jericho Road: De Weerd: Item No. 8 is FP 07-024. Anna. Canning: Madam Mayor, Members of the Council, we do have a letter from the applicant stating they are in agreement with the conditions of approval and there are no outstanding issues that we know of before Council. De Weerd: Okay. Excellent. Council, I would entertain a motion. Borton: Madam Mayor? De Weerd: Yes. Borton: I move we approve Item 8, FP 07-024. Zaremba: Second. '~ • • COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 27-INCH SANITARY SEWER TRUNKLINE CINDER ROAD TO STODDARD ROAD THIS AGREEMENT made this 2_~day of ~ ~.~~t- , 2007, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Shepherd's Creek LLC, hereinafter called " OFFSITE DEVELOPER" and Tuscany Development, Inc, hereinafter called "ONSITE DEVELOPER." ITNESSETH: WHEREAS, OFFSITE DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve their property and future City of Meridian property, shown as LINE B on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, ONSITE DEVELOPER owns land inside the corporate limits of the City of Meridian and will allow construction of the offsite sanitary sewer system across their property to serve their property and other City of Meridian property, as shown on Exhibit "A" and has agreed to compensate the City of Meridian for a portion of the reimbursement to the OFFSITE DEVELOPER. WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of OFFSITE DEVELOPER and ONSITE DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, the parties hereby agree: A. Preparation of Plans. ONSITE DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system (hereinafter called "Project"), shown on Exhibit "B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and ONSITE DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 1 of 12 • any material way unless such modifications are approved in writing signed by CITY and ONSITE DEVELOPER. C. Construction of the Project. 1. OFFSITE DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. ONSITE DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. OFFSITE DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUquality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. D. Solicitation of Bids. OFFSITE DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. OFFSITE DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. E: Contract Terms. OFFSITE DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months from the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement, (f) any request for extension of time approved in writing by CITY. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 2 of 12 • • 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and OFFSITE DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by securing a letter of credit in favor of City upon project completion in the amount often percent (10%) of the total Project cost. F. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. OFFSITE DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to OFFSITE DEVELOPER'S failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. G. OFFSITE DEVELOPER and CITY Responsibility for Costs. Because the OFFSITE DEVELOPER will construct oversized sanitary sewer improvements, as shown on Exhibit "B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. OFFSITE DEVELOPER shall fund 100% of the cost of the Project, estimated at $519,989.00, with reimbursement from the CITY in accordance with the provisions of this Agreement . H. Change Orders to Construction Contract. OFFSITE DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1%) of the contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and OFFSITE DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to OFFSITE DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and OFFSITE DEVELOPER shall execute an amendment to this Agreement to COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 3 of 12 • • reflect how the cost savings will be allocated between CITY and OFFSITE DEVELOPER. I. Completion of the Project. 1. Upon final completion of the Project, OFFSITE DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case OFFSITE DEVELOPER shall promptly cause the remediation of all non-conforming matters. 2. Upon completion of the Project, OFFSITE DEVELOPER shall deliver to CITY comprehensive as-built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, OFFSITE DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, OFFSITE DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 4 of 12 • Reimbursement to OFFSITE DEVELOPER and Fee Payment from ONSITE DEVELOPER. 1. Estimated Total Reimbursement. Because OFFSITE DEVELOPER will construct the Project, CITY shall reimburse to OFFSITE DEVELOPER 100% of the cost allowed by City Code, with the total reimbursement to the OFFSITE DEVELOPER estimated at $519,989.00. 2. Method of Payment. To receive payment, OFFSITE DEVELOPER will provide CITY with a written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that OFFSITE DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. 3. Reimbursement Payment. CITY shall make to OFFSITE DEVELOPER in one Reimbursement Payment. Adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to OFFSITE DEVELOPER'S request for the first Reimbursement Payment. CITY shall make the Reimbursement Payment upon (a) OFFSITE DEVELOPER's satisfactory completion of the construction of the sewer improvements; and (b) OFFSITE DEVELOPER'S submission to CITY proof of costs and CITY'S approval of such proof as substantially conforming to the estimated costs in the proposal approved by City Council. The Reimbursement Payment shall be subject to submittal of a Letter of Credit to the City of Meridian in the amount of 10% of the total Project cost to secure the one year warranty as required of contractor in section E(8) of this Agreement. The Letter of Credit shall be released in full after a 1- year warranty period from the date of acceptance subject to any costs incurred by the City for rework or warranty issues during the 1-year warranty period. City shall notify OFFSITE DEVELOPER in writing of warranty issues or necessity for rework and OFFSITE DEVELOPER shall commence work within 30 days of written notice. If OFFSITE DEVELOPER fails or refuses to undertake warranty or rework within the timeframe noted, City may apply letter of credit to warranty work and account for funds disbursed. The letter of credit shall not be deemed a limitation of the OFFSITE DEVELOPER'S obligation to fully warranty the Project for the one year period. 4. ONSITE DEVELOPER and CITY Responsibility for Costs. Because the ONSITE DEVELOPER has paid for the engineering, survey, and management of the oversized sanitary sewer improvements and would have constructed the oversized sanitary sewer improvements at a later date, as shown on Exhibit "B", at the request of CITY, it is mutually agreed that the cost of those sanitary sewer improvements will be shared as depicted in Exhibit "C", subject to actual cost verification and final approved plans. The ONSITE DEVELOPER shall provide a portion of the cost of the project, with payment to the CITY in accordance with section J(5), below. 5. FEE PAYMENT from ONSITE DEVELOPER to CITY. Because ONSITE DEVELOPER would have constructed the sanitary sewer system as shown on Exhibit "B", the ONSITE DEVELOPER shall pay to the CITY a portion of the cost, as allowed COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 5 of 12 • by City Code, after a 2.5% addition for an administrative fee, with the FEE PAYMENT estimated at 169 397. K. Sanitary Sewer Lines on ONSITE DEVELOPER'S Property. As a condition for CITY entering this Agreement, ONSITE DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within ONSITE DEVELOPER'S property. L. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, ONSITE AND OFFSITE DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at their sole expense shall obtain any and all licenses or permits which maybe required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian sanitary sewer system, ONSITE AND OFFSITE DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. M. Indemnification and Insurance. ONSITE AND OFFSITE DEVELOPER (for purposes of this paragraph, "DEVELOPER") shall each separately indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until CITY accepts the Project as per Section I, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. N. No Assignment. ONSITE AND OFFSITE DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. COOPERATNE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 6 of 12 O. Remedies upon Default. 1. Default by ONSITE OR OFFSITE DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event ONSITE OR OFFSITE DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to OFFSITE DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default b~CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, ONSITE AND OFFSITE DEVELOPER shall be entitled to all remedies available at law or in equity. P. Attorney. Should any party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same maybe included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Q. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 200 E. Carlton, Suite #101 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 ONSITE DEVELOPER: Tuscany Development, Inc 6ZZ3 N . Ar'scovFny G`am' sum. 1 t~o 130 3c, ~a X37/3 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 7 of 12 OFFSITE DEVELOPER: Shepherd's Creek, LLC I v2~¢ W ` ~-S~-tc-~ ~ ~'~ 1 C~ ~3Z~' Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. R. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. S: Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. T. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. U. Definition of DEVELOPER's Property. The term "DEVELOPER'S Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Shepherd's Creek and Bearwood Subdivisions. V. Bindin Ems. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. To assure that Onsite Developer's successors and assigns are aware of the reimbursement obligation set forth in section J(5), this Agreement or a Memorandum thereof shall be recorded against the Bearwood Subdivision in the land records of Ada County, Idaho. W. Reports and Information. At such times and in such forms as the CITY may require, OFFSITE DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. X. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of OFFSITE DEVELOPER's records with respect to all matters covered by this Agreement. OFFSITE DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 8 of 12 records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Y. Construction and Severabilitv. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. ONSITE DEVELOPER: Tuscany Development, Inc .C 2a' Gnome e Name (printe Se:c~~~ Title ~' Signature Date OFFSITE DEVELOPER: Shepherd's Creek, LLC ~ ~~ ~~ Name (printed) S' ature /b?ri~- Title ~~~ ~ Dat CITY: TAMM e ERD, MAYOR Date Attest: ~ ~~ ~ ~~~ ~~ g' Z~/ ~~ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 9 of 12 >~ ~~~ WILLIAM G. BERG, ., CI Y CL~ - ~t k .g ~ds~'d ~Y..Ltd'I / f~ ~ ~ ~~ ~ i ~,, w'` a (~~ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 10 of 12 STATE OF IDAHO ) ss County of Ada ) On this ~~ day of ,2007 f,~fore me the undersigned, a Notary Public in and for said St e, personally appeared . C"~r ,known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WH .~~ and year first abo '~ en. l,0 a ~ OT AR p :x~ {-~~ ~ G * ~. 1'UBL~ O ,~'•. 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Schultz Firm: RMR Consulting, Inc. Date: August 21, 2007 • Project No. 04.268 IDAHO SURVEY GROUP February 6, 2007 DESCRIPTION 1=0R BEARWOOD SUBDIVISION N0.1 1450 East Watertower St Suite I50 Meridian, Idaho 83b42 Phone {206) 8Ab-SS70 Fait (208) 884-5399 A parcel of land located in the NW1/4 of Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at a'~" iron pin marking the NW comer of said Section 24 from which a 5/8" iron pin marking the N 1/4 corner of said Section 24 bears South 89°06'56" East, 2655.57 feet; thence along the West boundary line of said Section 24 South 00°41'54" West, 542.39 fee# the REAL POINT OF BEGINNING; thence leaving said West boundary line South 52°41'34" East, 103.40 feet; -`-thence South-00°4~1'~4~est; 555:90`feet; -~---~---. _..- -- thence South 24°23'34" East, 147.57 feet; thence South 64°35'07" East, 676.32 feet; thence South 65°27'49" East. 22.84 feet; thence South 69°44'56" East, 88.55 feet; thence South ?5°13'58" East, 53.99 feet; thence South 77° 18'34" East. 279.27 feet; thence North 78°26'22" East, 43.68 feet; thence North 65°58'23" East, 102.27 feet; thence South 00°~}6'S1" West, 277.15 feet; thence South 30°37'41" East, 510.9 9 feet to the beginning of a curve to the left; thence along said curve 42.64 feet, said curve having a radius of 970.00 feet, a central angle of 2°31'07" and a long chard of 42.64 feet which bears South 31°53'15° Eas#; ti .MAYOR. Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird joe Borton Charles Rountree David Zaremba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 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 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2355 N.W. 8th Street 888-5242/fax 884-1159 RECEIVED Aus 2 ~ 2oa7 City of Meridian City Clerk Office DELIQUENCY FOR TURN OFF Schedule for August 22, 2007 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for August 21, 2007. Users having delinquent utility bills will be shut off on August 22, 2007. The total amount past due is $ 10.085.16. The number of past due customers is 117. Jaycee Holman Billing Manager CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 Cl"['Y CLERK - i'AX 88H-4218 CI1'I" ATTORNEY / I{R -FAX 884-8723 PCNANCTi & L?I7L[TY BILLING -FAX 887-48I3 A•t:1YOR'S t_IFFICEi - F,AX 884-8116 • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Aug 21, 2007 04:44pm Current Period: 09/05/2007 -Transactions I ncluded Through: 09/05/2007 Shutoff Minimum of $ 50.00 compared to Delinque nt Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 1 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name /Service Address Past Due Balance 1 30.74.3532.02 ASMUSSEN, JUSTIN 58.53 124.99 1056 MUSCOVY AVE S 2 20.47.0002.04 AUDIJI, ENID 82.02 126.62 4155 DRIFTWOOD DR E 3 24.04.0914.02 BALL, LORI 68.28 94.06 922 MAURA PL N 4 30.74.0362.03 BATES, STANLEY K 65.58 145.39 768 HANOVER CT 5 35.43.0224.01 BEACH, DERRON & SUMMER 68.79 137.58 1635 SAGEMOOR DR E 6 22.50.1022.01 BEACH, ROXANNE 102.21 171.87 303 GRUBER AVE E NO ARRANGEMENTS ALLOWED---CUSTOMER IS CONSTANTLY LATE OR CHANGING ORIGINAL ARRANGEMENTS. NO MORE UNTIL JAN. 2008. 7 36.68.0312.02 BENSON, JR. DARRYL 57.31 122.68 1505 LAKE CREEK ST E 8 30.74.0664.03 BEUTLER, SAMUEL J. & AMANDA 103.02 167.96 632 BARRETT ST W CASH ONLY TIL 4/5/08 FOR R. DE DOMINGO (?) DUE TO NSF WRITTEN TO GET/KEEP WATER ON. 9 23.02.2616.06 BLASQUEZ, MICHAEL & RANDY 117.46 323.70 524 PACK AVE W 10 21.48.2904.01 BLUE RIBBON ARTISANS BISTRO 874.76 1,604.44 1435 / 1441 EAGLE RD N 11 24.04.2286.02 BOOKER, KEITH 117.18 340.55 1480 SANTA ROSA PL N 12 20.46.0468.01 BORCHARDT, KEVIN & TINA 71.06 138.53 1071 FILLMORE WAY N _ ~ ~. • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Aug 21, 2007 04:44pm Current Period: 09/05/2007 -Transactions Included Through: 09/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 13 23.01.0491.01 BROADWAY ESTATES CONDOMINIUM 88.53 157.36 SPK - 724 BROADWAY AVE W 14 23.02.0958.08 BROWN, KATHERINE 141.72 340.72 997 W EST 14TH ST N 15 21.48.3225.01 BUICH, DAVE & KAREN 60.00 215.53 SPK - 3055 FAIRVIEW-FRONT 16 30.74.0404.02 BURGESS, BRANDI & BRANDON M. 58.37 125.72 731 BARRETT ST W 17 24.04.2308.01 BUTTERFIELD, CHARLES & TONI 167.72 411.62 1475 SANTA ROSA PL N 18 22.51.0298.02 BYE, DEANNA 190.30 291.03 428 BROADWAY AVE E NO ARRANGEMENTS ALLOWED UNTIL 9/5/07 DUE TO BROKEN ARRANGEMENTS. 19 22.50.4550.03 CARREL, PAM 52.44 100.68 312 PINE AVE E 20 37.37.3016.02 CASON, EDWARD L. & TRACI L. 54.33 107.61 2893 DENALI WAY S 21 25.95.0332.03 GASPER, JEANNE 81.77 104.85 841 TRAQUAIR PL N 22 23.02.3862.01 CATHEY, RICHARD 96.91 153.24 1223 MERIDIAN ST 23 22.51.0290.03 CHAMBERS, CURTIS 82.47 129.48 714 5TH ST E 24 22.50.1774.01 CHERRY'S BUILT IN VACS 140.74 277.45 1524 MERIDIAN ST 25 20.47.1084.02 CHRISTENSEN, BAILEY & TRAVIS 78.44 124.54 1016 STOLLE WAY N 26 36.36.1036.02 CHRISTIAN, MARCELA 68.13 90.18 2937 BROKEN LIMB AVE S CANCELED D/P DUE TO 6/5 BILLING COMING BACK AS "ACCOUNT CLOSED"-PUT ON D/P CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Aug 21, 2007 04:45pm Current Period: 09/05/2007 -Transactions Included Through: 09/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 42 30.74.3084.02 HADLEY JR, DOUGLAS 53.41 128.40 1112 LOON ST W 43 34.60.1183.02 HALDE, NORMA 66.16 85.51 3441 YESTERNIGHT ST E 44 22.51.0498.03 HAUER, NATALIE 68.75 109.95 417 IDAHO AVE E 45 30.74.0106.05 HERRMANN, MICHAEL 67.55 162.23 580 LYNHURST PL 46 25.05.0220.01 HESSING, WILLIAM 116.96 274.40 3887 BIG CREEK CT W 47 25.05.0722.02 HOLLEY, ANNA 56.11 279.22 3540 FIR CREEK CT W #1 48 24.04.1908.02 HOOVER, JAKE & MATHIS, CINDI 116.31 292.00 1533 TOKAY WY N 49 22.50.0678.01 HOOVER, LYND M 125.11 191.49 1318 4TH ST E 50 35.65.0708.01 HUDDLESTON, CODY 78.07 156.14 2299 BAYOU BAR WAY S 51 23.02.0422.04 JACKMAN, CHRIS & KILE, TERESA 72.25 186.03 579 CRITERION ST W IF SHUT-OFF RNTR PAYS TOTAL DUE + FEE FOR TURN-ON 52 36.68.0046.01 JACOBSEN, JASON & LIANNA 54.13 108.42 1260 TIME ZONE DR E 53 20.47.1036.02 JONES, FAROL 52.12 89.11 4264 BELFAST BAY DR E 54 25.25.0108.03 JONES, JEFF 70.18 130.00 3240 WAVE DR W 55 22.51.0870.01 KIPPER, CHARLES 60.22 94.67 327 PINE AVE E 56 24.04.2304.01 KOYLE, RUSSELL 94.09 249.66 1515 SANTA ROSA PL N 57 30.74.3168.01 KREFT, TIM & LISA 80.44 166.13 478 PELICAN WAY S CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Aug 21, 2007 04:45pm Current Period: 09/05/2007 -Transactions Included Through: 09/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 58 35.64.0024.02 KURTZ, BARRY & RACHEL 75.03 142.74 3081 GRIMES CREEK AVE S 59 37.37.3340.04 KYNASTON, RODGER L JR. 50.87 104.89 478 BEAR TRACK DR W 60 20.46.0372.03 LARSEN, PAUL 124.32 183.61 1057 CAUCUS WAY N 61 24.03.0058.02 LEE, LISA M 61.98 256.06 2080 SNYDER DR W 62 24.03.0012.02 LEE, WILLIAM 50.26 119.83 772 ABERNATHY WAY N 63 22.50.1986.02 LUDWIG, MAJOR & SUZANNE 58.09 143.01 1450 STONEHENGE WAY N 64 24.04.1800.05 MADOLE, MADELENE 62.47 141.27 2424 SANTA CLARA DR W 65 22.51.0486.01 MARCH, RICHARD 68.70 88.05 325 IDAHO AVE E 66 30.74.3628.03 MARTINEZ, RICHARD 94.35 170.83 1035 EIDER DR W 67 24.04.1698.01 McDONALD, TONY & TRUDY 66.45 187.03 2629 LEROY CT W 68 36.36.0986.02 McKINLEY, BRAD 87.86 217.81 437 FOREST RIDGE DRS (CORNER) 69 30.74.3246.01 MEYER, JOHN & LISA 113.07 218.77 461 PELICAN WAY S 70 24.03.0420.01 MORTON, CHARLES & REBECCA 74.93 202.94 674 TALL PINE PL N 71 24.03.0808.01 NASADOS, JAMES 50.26 108.62 689 OCEAN AVE N 72 36.68.0086.01 NEITZEL, KENNETH & HEIDI 54.29 100.52 2656 WEBER RAPIDS PL S 73 22.50.1916.03 NEVINS, RYAN 70:82 111.84 1579 PENRITH PL N ~ ~ ' CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Aug 21, 2007 04:46pm Current Period: 09/05/2007 -Transactions Included Through: 09/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 103 30.74.3618.07 STEPHENS, JEREMIAH & KODIANNE 53.53 124.99 862 PELICAN WAY S NO ARRANGEMENTS FOR THE RENTERS PER THE OWNER!!! 104 23.02.5370.03 STEPHENS, MICHAEL & JEWELYA 95.52 145.38 1425 ELM PLACE 105 20.46.0100.02 STEWART, LARRY & RONDA 66.15 132.88 3437 PRESIDENTIAL DR E 106 22.50.0030.02 STITTSWORTH, JENNIFER 85.78 133.99 115 STATE AVE E 107 36.69.1178.02 STOKER, ROGER 90.51 182.07 1943 EAST 3RD WAY S 108 36.69.0186.01 STRAWN, CHRISTOPHER 66.85 99.67 1396 DOBERMAN ST E 109 45.25.0320.02 THOMAS, ROBERT & SARA 53.85 100.08 1418 PALERMO ST E 110 35.35.5017.02 WAGEMAN, CLINT 62.53 154.01 2229 MACKAY CT E 111 22.51.4214.02 WALLACE, LORI 81.56 115.71 323 BOWER ST E 112 45.20.0321.02 WARDWELL, KEVIN & KRISTI 92.20 145.65 3528 MURLO WAY S NO ARRANGEMENTS TIL 10/6/07!!!--CASH ONLY TIL 10/6/07 FOR CUSTOMER WHO WROTE NSF TO KEEP/GET WATER BACK ON. 113 24.04.1614.03 WATERS, BRANDON 50.50 130.98 2657 WILLARD ST W 114 22.50.4296.02 WATKINS, JOHN 83.93 167.84 911 STONEHENGE WAY N 115 36.53.0502.01 WESCO #7458/WDS 78.13 361.28 1395 TEARE AVE S 116 24.61.0213.02 YOCUM, MICHAEL 8~ KATHERINE 87.89 172.63 870 GRAY CLOUD N NO ARRANGEMENTS FOR RENTERS!!! CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Aug 21, 2007 04:46pm Current Period: 09/05/2007 -Transactions Included Through: 09/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 117 24.04.0848.02 ZIMMERMAN, BRAD 1121 ROPER PL N Grand Totals: 117 Customers Listed Past Due Balance 53.28 113.44 10,085.16 20,314.94 Report Criteria: Terminated customers not included Customer.Cust No O _ {<}7700000001 Customer.Bill Cycle = 1 Customer.disconnected = No Customer.shut off list = No ;~. k E {y _~ fir` •y~ ~ `~ ~ F4 1. I I ~ € `:~ h I l a r ! _ .. ~ ... ~.-- 2 1.1 .e ~ fl ®~ ~ {. 1 i ~ ~ ~ f~ r ~ r jf} Z i I, { • ~~ <73 -'. .~ _. ~. F fy l~' 1 ~ ki £ .I. _ r~ . ~ ' ~~ ~ .. _... ._. ._+1, ~. .. ,.., ...- ~ .. 1T ~~ ~ ' ~ '~ 5~ ~y~ I ~ .. _ 1 _____ n.. ' _. i 1 :~'~ ~..~ i~' ~: a~ a - ...... _ ~~F~ ~~ ~' ~~ r~ } { F ~ c. ~ ~. . : ~(: >. x _ n i~iiY+':k."iaR. G .9 _. . - « '~, 1 -. 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