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HomeMy WebLinkAbout2008-08-26\J E IDIAN~-- t~A~~ • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 26, 2008 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 anal honest to the best of the ability of the presenter." 1. Roll-call Attendance: X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Mike Dodd with Capital Christian Center: Led by Dave Murphy with Capital Christian Center 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of July 22, 2008 City Council Regular Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: RZ 08- 002 Request for Rezone of 0.55 of an acre from the R-4 to L-O zoning district for Meridian Library Parkins. Lot Expansion by the Meridian Library District - 1727 N. Leisure Lane: Approve C. Findings of Fact and Conclusions of Law for Approval: VAR 08-006 Request for a Variance to UDC Table 11-2A-5, which requires a 15 foot rear yard building setback; and UDC 11-3A-7C, which limits fencing to 6 feet in height in the R-4 district for Maxwell Meridian City Council Meeting Agenda -August 26, 2008 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Patio 8~ Arbors by Sylvia Maxwell - 1065 E. Peacock Street: Approve D. Chanae Order No 14 with Primeland Development for th North Black Cat Trunk Sewer Project for $14,365.58: Approve E. -Joint Funding Aareement for U.S. Geoloctical Survey for $6,800.00: Approve F. Water and Sewer Easements for Destination Place Subdivision No. 2 Protect (Construction).: Approve G. Master Aareement for Professional Services - Pharmer Engineering: Approve H. Chanae Order #1 to Task Order 076 with Hvdro Logic for Hydroaeoloaic Well Rehabilitation Consulting fora Not to Exceed Amount of $15,000.00: Approve I. Award of Bid and Authorization to Enter Into Contract with (name of winning bidder) for Old Town Streetscape Reconstruction Project for aNot-to-Exceed amount of TBD Request to Withdraw J. Addendum No. 2 to Development Agreement: MI 08-006 Request for Miscellaneous application to modify Sub-section 6, "Conditions Governing the Subject Property" item A3 of the recorded Development Agreement which requires CUP approval for any future church /office uses for Verona Subdivision by Primeland Investment Group, LLC -Northeast Corner of West McMillan Road and North Ten Mile Road: Approve 6. Confirmation of City Council Member Seat #2: Brad Hoaglund - Swear in at 9/9 Meeting 7. Department Reports: A. Public Works: 1. IDWARN Mutual Aid Aareement:. Bring Back on September 2, 2008: B. Legal Department: Meridian City Council Meeting Agenda -August 26, 2008 Page 2 of 4 All materials presented at public meetings shall become property of the Ciry 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. • • 1. Discussion of Amendments to Director Position and Titles Ordinance: Bring back on September 9, 2008 2. Discussion of FY09 Benefits.: Request to Withdraw put on September 2, 2008 8. Items Moved from Consent Agenda: None 9. Findings of Fact and Conclusions of Law for Approval: PP 08-005 Request for Preliminary Plat approval of 5 commercial lots and 1 other lot on 10 acres in a C-G zoning district for Knighthill Center by James Wylie - SWC of W. Chinden Boulevard and N. Linder Road: Approve 10. Vacated from July 22, 2008: MFP 08-005 Request to Modify the previously approved Final Plat (FP 05-076) by removing the requirement fora 5-foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way and Genoard Avenue for Messina Meadows by Tuscany Development, Inc. -'/2 mile west of South Eagle Road and '/2 mile south of East Victory Road: Approve 11. Continued Public Hearing from July 22, 2008: VAR 08-005 Request for Variance to UDC 11-2A-6 which requires building setbacks to be measured from sidewalk or property line; applicant requests to measure street setback from the back of ribbon curb for 12 lots, located on the south side of E. Deerhill Street between Montague ay and Genoard Avenue in Messina Meadows Subdivision No. 1 for Messina Meadows by Tuscany Development, Inc. -south side of Deerhill Street approximately '/2 mile west of South Eagle Road and approximately'/2 mile south of East Victory Road: Findings of Fact and Conclusions of Law for Approval 12. Continued Public Hearing from August 12, 2008: PP 08-007 Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas by Una Mas, LLC - 3945 E. Ustick Road: Continue Public Hearing to September 23, 2008 13. Public Hearing,: AZ 08-007 Request for Annexation and Zoning of 4.79 acres from RUT to C-C zoning district for Shops at Victory by LDR- II/DMG, LLC - 3210 S. Eagle Road: Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PP 08-006 Request for Preliminary Plat for 3 building lots on 3.68 acres in a proposed C-C zoning district for Shops at Victory by LDR-11/DMG, LLC - 3210 S. Eagle Road: Findings of Fact and Conclusions of Law for Approval Meridian City Council Meeting Agenda -August 26, 2008 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 15. Public Hearing: CUP 08-011 Request for Conditional Use Permit approval for adrive-thru pharmacy in a proposed C-C zoning district within 300 feet of an existing residence per UDC 11-4-3-11 for Shops at Victory by LDR-I'I/DMG, LLC - 3210 S. Eagle Road: Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing.: PFP 08-001 Request for Preliminary / Final Plat approval of 2single-family residential building lots on 0.33 of an acre in an R-8 zoning district for Fullmer by Jeffrey Fullmer -end of E. Carlton between E. Fifth Street and Cathy Lane: Findings of Fact and Conclusions of Law for Approval 17. ~ Public Hearing: AZ 08-008 Request for Annexation and Zoning of approximately 5 acres from RUT to an R-8 zone for Redmont Health Services by The Land Group, Inc. - 5075 W. Cherry Lane: Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: CUP 08-015 Request for Conditional Use Permit for an Assisted Living Facility consisting of 2 residential treatment buildings and 1 administrative building in a proposed R-8 zone for Redmont Health Services by The Land Group, Inc. - 5075 W. Cherry Lane: Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: Downtown Meridian Striping Plan: Close Public Hearing 20. Ordinance No. 08-1376 Downtown Meridian Striping. Plan (1St of 3 Readings): 2" 8~ 3~ Reading on September 2, 2008 21. Ordinance No. 08-1377 Amendment to Fire Hydrant Ordinance.: Approve 22. Executive Session as per Idaho State Code 67-2345(1)Q) (To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement: Meridian City Council Meeting Agenda -August 26, 2008 Page 4 of 4 All materials presented at public meetings shall become property of the Ciry of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Meridian City Council Meeting ~ August 26, 2008 A meeting of the Meridian City Council was called to order at 7:35 p.m., Tuesday, August 26, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Charlie Rountree and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Kyle Radek, Ron Anderson, Jeff Lavey, Scott Colaianni, Steve Siddoway, 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: Okay. I will go ahead and call this meeting to order. We apologize for the late start, but we appreciate your indulgence of that delayed beginning. For the record, it is Tuesday, August 26, and it is 7:35_ We will start tonight's regular meeting with roll call attendance. Item 2: Pledge of Allegiance.: De Weerd: Item No. 2 is our pledge of allegiance. Tonight we will be led in the pledge by Councilman Rountree. (Pledge of Allegiance recited..) .Item 3: Community Invocation by Pastor Dave Murphy with Capital Christian Center: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Dave Murphy with Capital Christian Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Murphy: Let's pray. Dear Heavenly Father, it is only fitting to open tonight by asking you to bring comfort to the family of Mary Ellen Ryder who lost her life in a devastating fire in neighboring Boise just last night. Lord., I ask you to restore the hope and joy to the families affected. I thank you for your hand of protection on all the emergency responders and thank you for the outpouring support from this Treasure Valley. We acknowledge that you, Lord, are sovereign and I ask that you would impart wisdom for the decisions made tonight, so that the City of Meridian would continue to prosper. I pray the blessing of God upon every Meridian City Council August 26, 2008 Page 2 of 65 • • Council Member and their household, as well as ask for your covering and protection on the city's civil servants, schools, businesses, churches, and its residents. As your word in Ephesians 4:16 says: The whole body joined and held together by every supporting ligament, grows and builds itself up in love as each part does its work. God, I pray that for this community that together as each person who calls Meridian home or conducts business here, would come along side this Council to support, not to tear down, to honor, not to discredit. Lord.., these Council Members have a duty, because of an election, but we as citizens have a responsibility to aid them in those endeavors. I pray that all of the citizens of this great city would rise up and serve one another to see the destiny of this city and of their lives fulfilled, in Jesus' name we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. I do have a City of Meridian pin that I would like to present to you and thank you for joining us. Okay. Item No. 4 is the adoption of the agenda. . Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda I would like to comment on a few changes. In the Consent Agenda, item I havs been requested to be withdrawn. Item 7, Department Reports, B, Legal Department number two, discussion of fiscal year '09 benefits, has been requested to be withdrawn. On the regular agenda, Items 10 and 11 have -- we have a request to move those to the end of the meeting, so that other people can gather for those and I would suggest that we actually put them after 19 and before 20. That's Items 10 and 11 being moved to after 19. Item 12 we have a request from I believe the applicant to continue that one until our regularly scheduled meeting of September 23rd. Item 19 we have request to move that earlier in the agenda and I would use it to replace ten. That we moved that near the end. Item 20, the proposed ordinance number is 08-1376. Item 21, the proposed ordinance number is 08-1377. And, then, we would add to the regular agenda the -- an Item 22, which is the Executive Session per Idaho State Code 67-2345(1)(j), which was removed from our special meeting earlier. And with. those changes I move that we adopt the amended agenda. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as changed. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: i ~ Meridian City Council August 26, 2008 Page 3 of 65 A. Approve Minutes of July 22, 2008 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval.: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L-O zoning district for Meridian Library Parkinct Lot Expansion by the Meridian Library District - 1727 N. Leisure Lane.: C. Findings of Fact and Conclusions of Law for Approval: VAR 08-006 Request for a Variance to UDC Table 11-2A-5, which requires a 15 foot rear yard building setback; and UDC 11-3A-7C, which limits fencing to 6 feet in' height in the R-4 district for Maxwell Patio 8~ Arbors by Sylvia Maxwell - 1065 E. Peacock Street: D. Change Order No. 14 with Primeland Development for the North Black Cat Trunk Sewer Project for $14,365.58: E. Joint Funding. Agreement for U.S. Geological Survey for 6 800.00: F. Water and Sewer Easements for Destination Place Subdivision No. 2 Project (Construction): G. Master Agreement for Professional Services - Pharmer Engineering: H. Change Order #1 to Task Order 076 with H Hydrogeologic Well Rehabilitation Consul to Exceed Amount of $15,000.00: J. Addendum No. 2 to Development Agreement: MI 08-006 Request for Miscellaneous application to modify Sub-section 6, "Conditions Governing the Subject Property' item A3 of the recorded Development Agreement which requires CUP approval for any future church /office uses for Verona Subdivision by Primeland Lnvestment Group, LLC - Northeast Corner of West McMillan Road and North Ten Mile Road: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? Meridian City Council August 26, 2008 Page 4 of 65 De Weerd: Mr. Zaremba. Zaremba: Noting that Item I is withdrawn from the Consent Agenda, I move that we approve all other items on the Consent Agenda. Rountree: Second.. De Weerd: Okay. I have a motion and a second to approve' the Consent Agenda as changed. Council, any discussion? Rountree: Madam Mayor? De Weerd: Yes. Rountree: I assume the motion that I seconded includes the authorization for the Mayor to sign and clerk to attest? Zaremba: Yes, I did mean to say that. Mayor to sign and clerk to attest. Thank you. De Weerd: We appreciate that. Madam Clerk, will you, please, ca11 roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES.. Item 6: Confirmation of City Council Member Seat #2: De Weerd: Thank you. Item 6 is confirmation of City Council Member Seat No. 2. Council, as you know Mr. Borton is going to be stepping down effective September 2nd at noon. I think it was high noon; right? I hope that's not an indication for anything, but -- Gorton: It is. De Weerd: But we -- before I ask for confirmation of the appointment of the name that I'm bringing in front of you today, I would like to say a few words. You know, when we did this for Mr. Wardle, we were able to turn it into kind of a roast opportunity. I have been too busy today to compile thoughts of how I could adequately roast you, but, believe rne, I will look for opportunities when you're in front of us in the future, because I have some great quotes that I'm sure might come back and haunt you. It has been certainly a pleasure working with you, Joe.. You have added a great dimension to our Council. You have added great discussion and perspective. Certainly have appreciated getting to know.you in a professional manner, as well as a more personnel one. So, I have certainly valued your time on this Council and we know that we will continue to see you. Meridian City Council August 26, 2008 Page 5 of 65 f~ My sincere thanks for your service to this community. Council, I guess I do have a presentation for Mr. Borton and I always do this in front, so, Mr. Borton, if you will, please, join me in front. Borton: Okay. Rountree: Public display. Borton: What's that? Rountree: Public display. Gorton: I guess. De Weerd: I think they always appreciate when I don't cry, so I'll work on that. It's only Joe. So, Joe, this is presented -- and I will read the plaque. Joe Borton, City Council Member, City of Meridian. Presented in recognition of your contributions and service to the City of Meridian as City Council Member from January 2006 through August of 2008. The City of Meridian greatly appreciates your dedication and commitment to serve the city and community. Wifh our thanks I would like to present this to you. Gorton: Thank you very much. De Weerd: Thank you. Borton: Thank you, Madam Mayor and to Members of the Council and the staff, it's been an absolute wonderful, awesome experience to be on City Council. Learned a lot. Hopefully, I have helped and assisted and mucked things up all at the same time. Nary: Oh, yes. Borton: So, thank you. Again, I love the city, it's been a blast being on City Council. I look forward to, hopefully, one day coming back and doing this again. I just really appreciate all the support. Thank you. De Weerd: Council, any further comments or roasting remarks? Rountree: Madam Mayor, I'm not going to take the opportunity to roast Joe, other than I don't know what we are going to do without the second attorney on the bench up here, but I think we will get by. But, Joe, it's been a pleasure working with you these past few years. I have enjoyed our disagreement and our agreement and in the relationship that we all have with you and the reciprocal. wish you well in your new business and with your family endeavors, the things that you're going to be taking on as Mr. Mom to some degree, and look forward Meridian City Council August 26, 2008 Page 6 of 65 u • to seeing you in front of us and really look forward to the opportunity to grill you. Thanks for all your service, Joe, and I hope and. I fully anticipate to see you in this type of endeavor in the future.. Bird: Madam Mayor? De Weerd: Mr. Bird... Bird.: I just echo Councilman Rountree's words, Joe. I've really enjoyed working with you here. You're a brilliant young man. I know you will be back here once you get where you're able to. You have done a very good job and I appreciate everything you have done. Thank you. Borton: Thanks, Keith. Zaremba: Madam Mayor and Joe. De Weerd: Mr. Zaremba. Zaremba: I have really appreciated sitting next to you and have enjoyed all of your comments and your outlook and I actually think we have agreed most of the time. I don't even remember times that we didn't. There probably were some, but I have very much enjoyed working next to you and getting to know you as well and look forward to not losing that relationship as you move on, but have been very happy to have you here and you have done a lot of good for Meridian. Thank you. Borton; Thanks. De Weerd: Thank you, Joe. Borton: Madam. Mayor? De Weerd: Yes. Borton: Is it appropriate if we just go through the room? I like how things are going. De Weerd: I think your head is big enough. Borton: We will just go left to right. Bird,: I'm sure there is one out there that would love to give you a -- Borton: We will just skip them. •. Meridian City Council August 26, 2008 Page 7 of 65 De Weerd: You might be careful what you ask for. Borton: It's becoming a bad idea. I take that back. Rountree: Wishful thinker. De Weerd: You might have some real, true, honest public testimony here. Borton: I take it back. De Weerd: Yeah. I would say, Council, the name I bring to you tonight for your confirmation is for Brad Hoaglun. I think that Brad can ask the probing questions that we are used to Councilman Borton asking. He brings a very diverse background with him in private business, all levels of government, public and constituent relations. I know Brad. He's got great ethical standards and I am very honored to bring to you tonight for confirmation Brad Hoaglun for Council -- City Council Member Seat Two. And you had a chance to grill him earlier and I'm sure that Frank is going to reprint all of your grilling in the paper. But certainly I would be available to answer any of your questions. Rountree: Madam Mayor, seeing no questions, it's my pleasure -- great pleasure to move that we accept and confirm the nomination of Brad Hoaglun for City Council Seat No. 2 and that would be effective September 9th? De Weerd: Yes. Which it would be when he was sworn in. Borton: Second. Bird:: Second. De Weerd: I have a motion and a couple of seconds on this confirmation. Any discussion? Zaremba: I may as well add my second to it as well, so we have three seconds. De Weerd:: Okay. Thank you. Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Well, usually -- it will still be Mr. Hoaglun right now. I didn't ask if you agreed until after the vote, Would you like to make comment? • . Meridian City Council August 26, 2008 Page 8 of 65 Hoaglun: Madam Mayor, Members of the City Council., thank you very much. appreciate that. I am a little concerned, however, after hearing the accolades for Councilman Borton that I can fill those shoes, but I will do my best. Borton: I wrote them for them. Hoaglun: Okay. I appreciate that. You're going to have to leave me some notes; too.. But, anyway, I look forward to serving with you and this is a great community and I'm going to join with you to do what we can to continue to make it better. Thank you. Item 7: Department Reports: A. Public Works: 1. IDWARN Mutual Aid Agreement: De Weerd: Thank you. And we look forward to welcoming you on September 9th. Okay. Thank you, Council. Item No. 7 under Department Reports.. Public Works. Kyle. Radek: Madam Mayor, Mr. President, Council Members, a WARN is a Water/wastewater Agency Response Network and the IDWARN is Idaho's version of that. Last week Boise city executed their Mutual Aid Agreement and Idaho officially became, I believe, the 35th state to have a WARN, a network which is intended to provide emergency assistance to other utilities in times of need. This Mutual Aid Assistance Agreement that we bring before tonight for discussion. and., if appropriate, approval for signature by the Mayor, is the vehicle to make that happen. We think that it's the right thing to do. It's a very loose agreement. It doesn't tie us down to anything. The way it works is a member will request aid assistance from all the other members of the network. The other members of the network choose whether they can respond or not to help out in a disaster-type situation and the agreement has been reviewed by legal. Legal has a few comments. Other than that, I guess I would let Mr. Nary make the comments they have and, then, turn it over to you folks for discussion. De Weerd: Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We had asked to bring this with public works to -- just to make you aware. There is a -- for lack of abetter way of expressing it, maybe some fuzzy lawyering language that's in the indemnification provision of this agreement and what it says is although it's limiting the city's liability as permitted by law, it also says that the public entity would indemnify any party that we request to come assist us in the time of emergency that this agreement applies to. And we would be, then, indemnifying any action that they take. What it doesn't say is any action that they take at our • •. Meridian City Council August 26, 2008 Page 9 of 65 direction or any action that they take in furtherance of our authority. So, our concern was simply that you be beware that it's sort of fuzzy and somewhat open ended as to what our risk and liability might be by other people assisting within our city that may not be under the direction of our staff and don't work for us. haven't sent this to LCRI'MP at this point to see whether or not they have any other issues with it. We did contact the city of Boise and what they felt was that they made a staff level decision, they didn't even discuss this with their counsel, but they felt that it was simply a cost of doing business that if they wanted to be a part of this -- this network agreement, that that was just the way they would have to do it and because -- and Kyle's exactly right, we do control whether or not we use other personnel. We do make our own decision on whether or not we even invoke this agreement before we do anything. So, the risk is fairly limited in that regard., because there is some control. We were just concerned from legal staff that you would at least beware that if we do choose to participate in this that it's a little fuzzy, it's not totally clear who may be responsible. I wouldn't have a concern if it was clear that it was at our direction, which is our normal course in mutual aid agreements we may have say in public safety or with some of our roadway agreements, like we recently enacted with ITD where we said if we are - - if we employ them or they are our agent and they are acting under our direction we are responsible. This doesn't have that, so I just wanted you to be aware of it before you moved to approve it. De Weerd: Kyle, can you tell us what kind of situations this would incorporate? Radek: Madam Mayor, Council Members, it's -- it's hard to predict what kind of disaster we are going to have, but -- De Weerd: Just examples of perhaps how others have used it. Radek: The city of -- it's in Colorado. Last summer (believe -- it may have been Arvada. It was one of the -- one of the front range cities in Colorado that this really helped them out. It was a smaller city and I think generally it's probably more help to a smaller city, but they had a contaminant in their water supply. can't remember what exactly it was. But within, you know, hours of the call the people in the WARN network responded to help them sample water, flush. water lines, notify public, things like that, and in that case really helped that little city out. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd.: Mr. Rountree. Rountree: The indemnification issue yet comes before us. I think this is certainly a good tool and one we need to take advantage of, but (would -- I would like to • • . Meridian City Council August 26, 2008 Page 10 of 65 give it another week at a minimum to see if we can't explore what our potential risk is and whether or not ICRIMP would cover us in that risky situation.. Unless it's that urgent. But if we can give it -- give it a few more days of research get us an answer and, then, we can act on it. De Weerd: Okay. Nary: Madam Mayor, Members of the Council, I will send it to ICRIMP in the morning and see if they have any -- like I said, the limitation language in the first paragraph is good. The very expansive language in the second paragraph is very concerning. I can certainly think of lots of what ifs that may never happen that we would be responsible for. But I will send that out to ICRIMP in the morning and see if we can get a response from them. They are generally pretty good at getting back to us within a day or two. So, we can report back next week and I will certainly share whatever we get with Public Works and Kyle so that you know at least what their opinion is. Rountree: Thank you. B. Legal Department: 1. Discussion of Amendments to Director Position and Titles Ordinance: 2. Discussion of FY09 Benefits: De Weerd: Okay. Any other comments? Thank you, Kyle. Okay. Item 7-B is our legal department. Nary: Madam Mayor, Members of the Council, it came to my attention that we -- as we were reviewing some ordinances that some -- because of the time that has past, if you notice in this ordinance regarding appointments of directors of the city, as well as some of the duties and responsibilities for both the Public Works director and the finance department and chief financial officer, some of the duties have changed, some of the responsibilities have changed., some of the language is very archaic. As you probably noticed in the ordinance some of this was actually implemented in 1955. We have grown significantly since then. And so all we are doing is, essentially, cleaning up this particular ordinance, making sure the titles match the positions that we currently have and the responsibilities match what we currently do. The other ordinances of the city, the different sections regarding the city attorney was done in 2004. The parks director ones are already contained in the parks code. The planning director is already contained within the planning code. Those have been reviewed more recently and so they were updated, these just haven't been. So, I was bringing it in front of you for your review. If it's satisfactory to you we can put it on next week's agenda for approval. Meridian City Council August 26, 2008 Page 11 of 65 • De Weerd: Council., any questions? Bird.: Madam Mayor? De Weerd: Mr. Bird. ~. Bird: I want a couple of weeks to look it over. I don't see where it's been like this since 2004, I don't see why we need to take a week. There is some things in that that I'd like to go over. I just got it e-mailed out to me I believe yesterday and copied it off and I haven't had a chance to look it over and don't see where it would hurt to do it the 9th when we have a full Council. Nary: Sure. De Weerd: Okay. So, two weeks, Council? Rountree: I'm okay with that, Madam Mayor. Zaremba: That's fine. Borton: I'm okay with that. Rountree: Thanks, Joe. De Weerd: I think Joe must be a lame duck. Okay. We will continue this until September 9th. Item 8: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: Findings of Fact and Conclusions of Law for Approval: PP 08- 005 Request for Preliminary Plat approval of 5 commercial lots and 1 other lot on 10 acres in a C-G zoning district for Knighthill Center by James Wylie - SWC of W. Chinden Boulevard and N. Linder Road.: De Weerd: Item 9 is PP 08-005, to approve the Findings. Anna., has the applicant agreed with staff recommendation? Canning: Madam Mayor, Members of the Council, normally this would be on your Consent Agenda. I asked the clerk to pull it off, so that I could clarify one minor issue with you. During the public testimony I had mentioned that the applicant would ask for an increase in the square footage from 40,000 to 50,000 square feet and during the applicant's presentation he mentioned that he would • Meridian City Council August 26, 2008 Page 12 of 65 like to increase the allowed square footage from 40,000 to 50,000 feet, but Council never said a word one way or the other about it. So, when we went to prepare the Findings we just concluded that 40,000 square foot number, because you had not discussed it. But I just want to clarify that that's what the Council intended was to have the 40,000 square foot number, rather than the 50,000 square foot number and -- De Weerd: Thank you, Anna. Council? Rountree: Madam Mayor, my recollection is that we -- did I make the motion? De Weerd: I believe so. Rountree: I believe I did. That -- to support staffs recommendation and that was at the 40,000. Canning: Okay. Then, the Findings you have in your packet are the ones that should be approved. Or can be approved if you choose. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Findings for Item No. 9 for the Knighthill Center. Zaremba: Second. Rountree: I have a motion and a second to approve Item 9. Is there any discussion? Madam Clerk., will you roll call. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: Downtown Meridian Striping Plan: De Weerd: Okay. Items 10 and 11 were asked to move towards the end of the agenda and 19 is -- replaced these two items. Number 19 was a public hearing on the downtown Meridian striping plan. Mr. Wardle. . Wardle: Thank you, Madam Mayor. Shaun Wardle, 2239 East Greiner Street in Meridian. I am the administrator for the Meridian Development Corporation. Thank you for having me here this evening. And thank you, Mr. Borton, for all of • Me[idian City Council August 26, 2008 Page 13 of 65 your service to the city as a Council member. I will point out there are as many former or lame duck Council members in the room as there are current or new Council members, so I think that's a testament to the service of this city. In keeping with that -- De Weerd: Mr. Wardle, I might also mention on your last day who was giving you a hard time? Wardle: I believe I'm going to .save my comments for a nice project that Mr. Gorton can come up with and come here and testify in that capacity. So, I appreciate that. The Development Corporation in this item has at their -- a year ago approved a budget item to -- to help configure the parking situation in downtown Meridian. We have known for some time that parking is one of the items that really helps a thriving downtown community come forward and one of the items that we saw in downtown Meridian is there currently is not a consistent striping plan for public parking spaces and so last fall we undertook the effort, we hired Keller & Associates to put together a striping plan and we presented that plan to the board of directors. They approved it. We submitted it to the Ada County Highway District and, then, in the spring they sent us a letter, which, essentially, explained that we needed to revisit. our parking striping plan pursuant to Idaho State Code and there is a specific provision that I'll talk about. When we had the consultant prepare this item, we had them prepare the number of spaces in aggregate to the block in relationship to the required number of spaces per code. Okay. The one particular area code which we did not address is that -- that particular item that says that each block face -- or each block, as defined by code, block face must also carry an ADA accessible space and so we looked at it as an aggregate, as opposed to looking at it per block face and that's the reason we are here today. We have convened a committee, which the City Council confirmed. That committee was comprised of at least one half of the members or persons with a disability defined by Idaho Code and I can tell you that city staff put the committee together, as well as facilitated this -- this committee and it was really insightful in terms of looking at downtown parking and the need for ADA accessible spaces. A couple of noted items from the original plan to the current. plan, which has been submitted for public comment and that is in the original plan there were no ADA accessible spaces on parallel parking only streets and the committee actually had some in-depth conversation about how those spaces would be appropriate, why they are appropriate and, then, looked at the total of downtown and actually added a number of spaces where they thought it would be appropriate to allow people access and so that plan has been -- we took all of the comments back, we had the consultant redraw the entire plan and we submitted it to the clerk's office and it's been available for public comment and that's why I'm here this evening is -- is to ask for -- obviously we are in a public hearing and to ask if there are any additional comments that can be incorporated into this ordinance. Meridian City Council August 26, 2008 Page 14 of 65 De Weerd.: Thank you, Mr. Wardle. Any questions for -- Rountree: I have none. De Weerd: Are you the applicant? Wardle: I -- De Weerd: For Shaun. Canning: Madam Mayor, Members of the Council, I believe the committee actually took action and recommended the plan to you, so it's -- Shaun is acting . for -- as the voice of the committee at this point. Mr. Wardle is. Excuse me. Wardle: Thank you. De Weerd: No questions for Mr. Wardle? Okay. Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this Item No. 19? Okay. Seeing none., Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the public hearing for Item No. 19, Meridian .Downtown Striping Plan. Gorton: Second. Zaremba: Second.. De Weerd: I have a motion and a second to approve Item 19. Any discussion? I guess just a comment. I'm thrilled to see that this is finally done. Talk about a lengthy process. Madam Clerk, will you, please, call roll. Holman: Madam Mayor, the motion was to close the public hearing. De Weerd: Oh, yes. Sorry. I was already voting on the striping plan. All those in favor say aye. Okay. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Hey, we haven't voted not to approve it yet, we just closed the public hearing. Meridian City Council • • August 26, 2008 Page 15 of 65 Boston: Madam Mayor? All kidding aside, I wanted to say thanks to Mr. Wardle here and the efforts to do this and it's a lengthy process, it's critically important for downtown, but it's lengthy because you did it the right way and you got the right people involved and it takes kind of a plodding process to do that and you did it and you steered it through and I appreciate the effort. I know it was a long time coming. So, good job. Wardle: Thank you, Madam Mayor, Mr. Borton, and I believe that you have the first of three scheduled readings as Item No. 20 at the end of your agenda and I appreciate that. And, Mr. Borton, I believe I heard the term Mr. Mom utilized this evening, so I'm going to remember that and -- Borton: Did you say something nice? De Weerd: Well, you know, he's leaving, so when we get. to Item 20 you can -- Borton: Okay. Good point. Item 12: Continued Public Hearing from August 12, 2008: PP 08-007 Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas by Una Mas, LLC - 3945 E. Ustick Road.: De Weerd.: Okay. item 12 was also asked to be continued until September 22nd.. Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item No. 12 until September 23rd. Bird: Second. De Weerd.: I have a motion and a second to continue Item 12 to September 22nd. All those in favor say aye. Bird: 23rd.. De Weerd: 23rd. Sorry. I will be hereon the 22nd. MOTLON CARRIED: ALL AYES. Meridian city Council 3~ • August 26, 2008 Page 16 of 65 .Item 13: Public Hearing: AZ 08-007 Request for Annexation and Zoning of 4.79 acres from RUT to C-C zoning district for Shops at Victory by LDR-CI/DMG, LLG- 3210 S. Eagle Road: Item 14: Public Hearing.: PP 08-006 Request for Preliminary Plat for 3 building lots on 3.68 acres in a proposed C-C zoning district for Shops at Victory by LDR-11/DMG, LLC - 3210 S. Eagle Road.: Item 15: Public Hearing: CIJP 08-011 Request for Conditional Use Permit approval for adrive-thru pharmacy in a proposed C-C zoning district within 300 feet of an existing residence per UDC 11-4-3-11 for Shops at Victory by LDR-LI/DMG, LLC - 3210 S. Eagle Road..: De Weerd: Okay. I'm going to get a fresh start on this one. Public hearings on Items 13, 14 and 15, on AZ 08-007, PP 08-006, and CUP 08-011. I will open these three public hearings with staff comments. Gorton: Madam Mayor, I do need to recuse myself from the application. De Weerd.: Okay. Canning: And, Madam Mayor, on that last striping plan, really, the credit goes -- a lot of it goes to the Mayor's office, who often doesn't get the credit they deserve, but they spent enormous efforts getting -- pulling the committee and doing what needed to be done. So, thanks to them as well. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I second that. Robert and Will worked their fannies off getting that set up. De Weerd: And sometimes coordinating schedules is not as easy as it seems, like it should be. But thank you for that comment and I hope you will pass that on. Canning: Madam Mayor, Members of the Council, this is the Shops at Victory project. It's located at 3210 South Eagle Road, on the southeast corner of Victory and Eagle Road. The applications before you tonight are preliminary plat and conditional use approval and annexation and zoning. The applicant is requesting annexation and zoning of 4.79 acres to C-C zoning and, then, a preliminary plat for three commercial building lots on 3.6 acres of land. Alternative compliance is also being requested to reduce the buffer width in certain areas adjacent to the residential use along the southern property boundary. Lastly, the applicant requests conditional use approval of a drive-thru pharmacy in the proposed C-C zoning district within 300 feet of an existing Meridian City Council • • August 26, 2008 Page 17 of 65 residence. The proposed development is planned to include neighborhood commercial .retail uses, such as the drugstore., complimentary retail shops, services, office, and restaurant components. The final mix of these uses will be dependent on market conditions at the time of development. I wanted to point out a number of the DA provisions -- the kind of site specific DA provisions and those include that the applicant shall construct a minimum six foot tall Verti- Crete, which is a sound wall, adjacent to a residential property to the south in the areas where the buffer width is below the required 25 feet, as shown on the fencing plan, and as approved in the alternative compliance. They will also construct a minimum six foot tall solid vinyl fencing in all other areas along the perimeter boundary adjacent to residential uses. The second one is that access to the site shall only be provided from the one full access point to and from Eagle Road, located as far north as possible, in compliance with ACRD distance requirements for the intersection. So, what that means is on Eagle Road you won't have the two entrances, you will just have one and, then, they need to move this one as far north as possible, while still maintaining the ACRD intersection separation requirements from Victory Road.. Then on Victory Road you will have one full access and one right-in, right-out only. The third item is to provide a pedestrian connection, which is -- includes a pathway and a break in the fence from the site to the future Harcourt Subdivision, which is to the east, and, additionally, a pedestrian connection to the property to the south, somewhere along here. And there will be additional testimony on that as we go on tonight. Fourth, a minimum of two buildings shall be constructed on the site and a maximum building. footprint of any one building shall not exceed 20,000 square feet. Hours of operation for the businesses within the development shall be restricted to the hours of 6:00 a.m. and 10:00 p.m. The detailed site plan and building elevation submitted with any future CUP and/or CZC application for the site shall substantially comply with the conceptual site plan and building elevations in this staff report, which I'll show you those elevations in a moment. And the applicant shall submit a letter of final approval of Ada County Development Services for the boundary line adjustment and the recorded copy of the record of survey. And I -- let me go up for a second.. As you can see, the parcel shaped now extends quite a bit further south. They are adjusting the property with Mr. Aldridge. He owns this property. So, they are picking up a portion here and giving away a portion of this southern flag. And you can see that there. Now, I can go through some of those elevations. This is the drive- thru location on the south side of the building. And here are the elevations. That's for the pharmacy. For the Walgreens, for Mr. Rountree, who is already smiling. De Weerd: I don't think he was smiling.. Canning: And, then, these are the other pads. The Commission recommended approval at their July 17th, 2008, public hearing. Tamara Thompson, Bob Aldridge, Bob Carpenter, and Greg Owens all spoke in favor. No one spoke in opposition or commented. And we received written testimony from Charles Meridian City Council • August 26, 2008 Page 18 of 65 Axlerod. The key issues of discussion by the Commission were the eligibility of the site for reimbursement agreement with the city for a main line extension to the site.. The extent of the Vertu-Crete wall fencing along the south property boundary. The number, type, and location of access points to the site from Eagle and Victory Roads and the proximity of the southern access point for the site to Eagle Road in relation to Falcon Drive. The key Commission changes to the staff recommendation were to modify DA provision G, page 10, to restrict access to and from the site to one full access point to Eagle Road, located as far north as possible in compliance with ACRD distance requirements. And also to allow both access points to Victory Road as proposed by the applicant. We do have a couple of minor outstanding issues for the Council. One is the access points to and from the site and the second is installing the sidewalk along Eagle Drive to Falcon Drive. And, again, going back to this, we are going to have a small section of sidewalk that because of the property boundary adjustment will not get built, so it would be in this general location. You may recall that the Council recently approved Maxfield, which will construct the whole sidewalk along this portion. So, we will have a good section of sidewalk along Eagle Road., but we will be missing a small portion. We contacted the applicant this afternoon about possibly providing that and she has a possible solution with regard to that issue and I'll let her bring that up. And with that I will answer any questions that Council may have. De Weerd: Council, any questions? Rountree: Madam Mayor`? De Weerd: Mr. Rountree. Rountree: Anna, to the east of this parcel -- I know the concept plan shows an access right on the property line and our history with the proposed retail outlet, at this point being negative towards cross-access agreements, has that been considered for the potential future development to the east? Canning: To these properties to the east? Rountree: Yes. Canning: We are proposing just a pedestrian access. This was approved -- you have an approved preliminary plat for a residential development to the east. Did that not answer your question, sir? Rountree: That helps. But we do have a pedestrian way through there? Canning: Yes. Rountree: Okay. Meridian City Council • August 26, 2008 Page 19 of 65 Canning: And it stubs to a pedestrian pathway in Harcourt Subdivision. Rountree: All right. De Weerd.: Okay. Anything further from Council at this time? Is the applicant here? If you will, .please, state your name and address for the record. Ballard: I will. My name is Brian Ballard_ I''m an attorney with Hawley Troxell, 877 Main, Boise. 83702. De Weerd.: Thank you. Ballard: Thank you. And it's a pleasure to be here this evening with you. This is, perhaps, the first time that I had the opportunity to appear in front of you. I'm pleased to be able to do that. I would explain to you first why Greg Goins, who is the partner and the applicant developer, excuse me, is not here, he's -- to put it bluntly, his father lies on his death bed and so Greg is back there with him and I volunteered to get thrown under the bus in his stead, so here I am, so -- De Weerd: Congratulations. Rountree: We won't run over you many times. Ballard; Also with me tonight I'm very pleased to have Deb Nelson from the law firm of Givens Pursley here with me. And also Tamara Thompson from Landmark Development Group. It's always a pleasure to associate with anybody from Givens Pursley and I'm pleased that Deb is here. Dave McKinney, Greg's partner, and also Greg is his good friend and he's offered to be here as well for backup as needed. First of all, I think it's very important that in your review of the records you will note that the developer has been very conscientious in working with the neighborhood. I think that's important to you and it's important to this developer. There was no objection at the lower hearing and I think that's because., first of all, the neighborhood is in need of this mixed -- mixed use project commercial opportunity, if you will. So, they want this to happen. And, second of all, I think that the developers want to do what's right. If that's a mantra that they have, then, I think .it's a good one. And doing what's right suspect will oft times meet with the neighbors' approval and the result of the appropriate interaction is a proposal which offers a high quality commercial development in the neighborhood that needs and appreciates the services that will be made available. The odd thing is that the applicant is very much in favor of all of what's gone on, is happy with and supports the P&Z's recommendation as made with just -- just a few minor comments, perhaps, and, then, one a bit more major issue and that certainly has to do with the access and we will talk about that in a minute. The minor comments., with respect to the Verti-Crete Meridian City Council • August 26, 2008 Page 20 of 65 block or sound wall, which separates the project from our good neighbor to south Mr. Aldridge., the developer -- and I don't know whether you're aware of this or not, has agreed to extend that a bit longer to the east than what is required and. that was done at the option of Mr. Aldridge. We talked to him and he said that we could either do the vinyl fence or do the extension of the sound wall and he chose the extension of the sound wall, so we have done that, indicating, again, the fact that we have worked pretty hard with the neighborhoods and Mr. Aldridge is here tonight, if he has any comments to offer on that he will do so. With. respect to the connectivity issues, Councilman Rountree brings up a good point, but we have met with our neighbors to the east and it's a reciprocal sort of connectivity issue back and forth between those properties and it's a residential development and they are -- they are most pleased, as are we, with the result of that mutual agreement. As regards, again, our good neighbor to the south, Mr. Aldridge, the five acre residential parcel owned by him is still in the county. We simply -- I guess probably we came into this tonight saying we were willing to offer yes as an answer and, then, have you all tell us how to -- how to get you to accept that answer and I think we have a solution. Anna., we chatted with her, and we also chatted with Mr. Aldridge and the issue with respect to the connectivity to the south was that Mr. Aldridge doesn't have his plans finalized and, therefore, it wouldn't make a heck of a lot of sense to put something in now that doesn't meet with his final plans. And, then, Anna came up with the fact that there is going to be a bit of a gap in the sidewalk along the street, so I think that we'd like to offer to take care of that problem for you with respect to the sidewalk, in exchange with no connectivity elsewhere. In other words, just swap the build out of the sidewalk, if you will, through that gap area., in exchange for which that would suffice as the connectivity with our neighbors to the south and we can either do that with -- I think that Mr. Aldridge will be here to speak to that issue and I think he proposes an easement of some sort across his portion of the property that will be needed to build that sidewalk and we chatted briefly with Mr. Inselman from ACHD and I think that the way it's proposed is that we can either put the money into trust or we can, pursuant to their plan, build that little gap sidewalk, if you will, on our own. I would propose that maybe that's an item for inclusion in the DA, which we could just work out the details and make sure that that's covered adequately with everyone. Does that adequately state the way that we have sort of agreed? So, we would offer that as a marvelous solution to this sticky little problem. The real issue, then, that we come to, of course, is that whereas we are happy with the three exits, we really think that the four access points would be in order and a bit of history, as I understand it, may be helpful to your decision. When the applicant approached the owner of this site, the Axlerod Trust, one of the first items reviewed was the condemnation sale and purchase agreement with ACRD, pursuant to which ACRD contractually -- contractually agreed that in addition to the monetary amount of just compensation, ACHD also contractually obligated itself, as part of the negotiations in the condemnation proceedings, to construct four commercial curb returns and I stress the word commercial, because I think there was at one time some concern that this was really for -- intended for residential purposes. It was not -- never has been Meridian City Council • August 26, 2008 Page 21 of 65 intended for residential, it's been commercial from the get go and ACHD agreed that .part of the compensation would be that ACHD would construct those four access points and one full turn on the Victory, one right-in, right-out, one full turn on Eagle, one right-in, right-out. So, these four commercial access points were approved, planned, funding was provided 'and it was scheduled on ACHD's work plan. So, taking -- taking its cue from that which ACRD contractually obligated itself to do, we asked -- the developer asked for the construction drawings from ACHD and those were stamped September 28th, '07, and I think that we have copies of those available for you for your review and I also think that Tamara has marked the particular pages upon which are drawn the four access points. May we -- yeah. We will get those handed out to you. Cutting to the chase a little bit quickly, your review of those marked pages will indicate to you that the site plan that you see up on the wall matches precisely -- matches exactly the four access points that were planned by ACHD less than a year ago and shown on these drawings. So, the applicant simply followed that template and said if it has been approved by ACHD, has been planned for, has been funded as part of the plan, meets with policy, and is the deal, then, it's only fair, probably, to expect that that's the deal. So, we proceeded with the site plan based upon that plan that exactly matches the ACRD construction drawings. Now, with all due respect, what we find now is that in this process of annexation ACHD has, again, approved those four access points and you will note in the ACHD approval report that's in your file that that's exactly what they have done, they have approved those four access points with a little bit of a twist that has an interesting aspect. It's presented in the form of an option and I suspect that it was best stated by staff person Watters, who said in her testimony before the -- or presentation before the P&Z that ACHD has allowed the applicant an option to either have the two full access points or, as they have shown on their plan, with two right-in, right-outs close to the intersection, along with the two full access points. Now, the premise upon which ACHD, to my understanding has set that option before you, as opposed to just approving the four access points, is that the option allows the opportunity for the applicant to choose a proposal that will make the circulation within the site better. The exact words is that choosing option -- choosing door number two would improve circulation within the site. So, ACHD approves the four access plan -- four access site plan, but also says that if the applicant chooses the two access option, such will improve on-site circulation. Well, in reaction to that, the first thing that we did -- and you have in your file a letter that we have submitted from Gary Funkhauser of Stanley Consultants and Mr. Funkhauser reviewed the matter and he concluded the last part of his report to you by saying: I concur with ACRD in their design engineer -- six mile engineering.., that the four driveways proposed to service the southeast corner property will safely accommodate the traffic proposed for that site and meet current ACRD access and spacing policy. Now, the next thing that we did, after our own safety engineer said that what ACHD originally agreed to do in its condemnation agreement is safe and meets with current access and spacing policy, the next thing that we did is that we test ACHD's offer with respect to on- site circulation and we now have, for presentation to you, a site plan that's been Meridian City Council • August 26, 2008 ' Page 22 of 65 marked up showing you the results of an application of traffic flow through the center, based upon that -- that option., that door number two. And I'll wait for that to be passed out, so that you can look at it briefly. De Weerd: Just want you to note that the light is blinking., Brian. Ballard.: So are my eyes. I'll see if I can get done fairly quickly. De Weerd: Since it is your first time in front of us, you are limited to your time. Ballard: Okay. All right. So, we tested out the theory -- if you will look at that map and you will see that the truck, as the pose it, it doesn't work. They bump into the corners, they can't get out. If we expect to entice and get the high quality tenants into this center that you want and deserve, then, I would say to you that we should stick with the plan that ACHD originally proposed that was safe that was within the .policy, it's own policy. That as of a year ago was on the construction drawings and they were going to put it in. So, I will conclude, Mayor. Thank you. We are here tonight to say yes to everything, essentially, that's been proposed. Yes and more to the Verti-Crete wall. Yes to the pedestrian connectivity with just a little bit of a twist, we are going to swap out the sidewalk and we will say yes to the four access option A. We will choose that option and subject to the foregoing, then, we are, essentially, very happy with what's gone on here and would be pleased to answer any questions you might have. De Vlleerd: Thank you. Council, questions? Okay. I do have a question. This is a nasty intersection and it's also an intersection whose improvement has continually been delayed. When is the anticipated construction date and how do you think you will get or attract retailers with the congestion that happens at this intersection with the four way stop? Ballard.: Madam Mayor, I think that one thing I can call to your attention that I do know about and I may have to rely upon others to fill in the background. I know this is scheduled to be signalized on ACHD's five year work plan. So, there is a signal that is supposed to be there pretty soon, which should alleviate some of the congestion there. De Weerd: And it's supposed to be built this year, I think, originally. And it keeps getting delayed,. But I know it's on the five year work plan, but -- Thompson: Madam Mayor, Members of the Council, Tamara Thompson. 2462 Sunshine Drive in Boise. I have been in contact with the construction department for ACHD and what they have given me is the work is scheduled to begin in their fiscal year 2010, but their fiscal year is a little bit different than the calendar year, so that means fall of 2009. So, we are about a year away. Meridian City Council • August 26, 2008 Page 23 of 65 De Weerd: Okay. I didn't see Gary here, so I might have questions for him, too. Rountree: There is two Gary's here. Thompson: Thank you. De Weerd: Okay. This is a public hearing. I do have two people that have signed up on the public hearing sheet. If you would like to provide testimony when I call your name, please, come forward at that time. Bob Aldridge has signed up for. Aldridge: Madam Mayor, Members of the Council, Bob Aldridge. 3300 Falcon Drive. If you go back to the aerial. Of the actual aerial site. Thank you. De Weerd: The technology in this facility is not always -- Aldridge: Unmatched, Madam Mayor. I'm the property here and I first want to state that as they have indicated, it has been an absolute joy to work with them. I went into this with a great deal of trepidation. I have lived on this property for 25 years.. I intend., if possible, to be at least another ten there. I'm the little white blob and hope I stay that way for a long time. So, my concerns are those of the landowner is going to stay there. The things that, first of all, in confirmation with what they said., along this area they have agreed to extend that Verti-Crete wall and that purely as a favor to me, realistically. That's my backyard and it's going to make it much better looking, instead of having half Verti-Crete and, then, half vinyl fence. And they did that, which is a considerable expense to them. Number two in this area. I certainly agree that because I'm going to keep this residential, it makes no sense to have holes someplace in this wall, when I don't even have a clue what ten years or maybe even 20 from now, may be development and I'm perfectly willing to do an easement agreement to allow sidewalk along here. I think that makes eminent sense and it greatly improves the neighborhood. The item that I have the greatest concern with is traffic and that's where I want to raise a couple of issues. Back when this particular development was done, the original plans called for East Falcon to be connected here and come across and exit there. I worked at that time with that developer and ACRD and it was moved down here. Part of the reason for that is that there is a crest right here and when you come up at Falcon Drive you have -- and I tested it as I came here, a four second window for traffic coming over that. That's with the current situation where they are coming to a flashing red light and a stop sign. If they are at high rates of speed, it would be less than that. So, when you come out you have to look to your left and., then, when you exit you are gunning to get out and get into the traffic. The current plan calls for the entrance here. That's approximately a hundred feet or a little bit more. Under my testing for me, I'm a medium heavy foot, but it was about three seconds to get there. So, what I have proposed at the P&Z hearing was that this entrance be moved somewhat to the north, give a little bit more room in order to allow some time for traffic coming Meridian City Council August 26, 2008 Page 24 of 65 out of here to, then, merge in, because you're going to have traffic coming in, you're going to have traffic that's coming from here, and eventually when this 60 acre =- excuse me, the 60 platted subdivision around me develops, one of their roads comes out and comes right here at the edge of the property and they are also developing in the cul-de-sac here. So, there is going to be more traffic coming out. I have no problem with having the second right-in, right-out. As a matter of fact, speaking as someone who drives this all the time, I would prefer that, because that's going to shift some of this traffic up and allow them to exit there. Otherwise, we would be exiting here and crossing the traffic coming from Falcon or coming in. So, the only thing I would request -- otherwise being in full agreement, is that this be moved, to the extent possible, to the north to give that additional ability to have merging traffic from Falcon Drive come and merge into Eagle Road traffic. I recognize the red light has come on. I'm sorry to have inflicted you with yet another attorney in this whole process. I would be happy to answer any questions. De Weerd: And it was a little concerning when I saw several attorneys in our audience. Nary: Makes you feel safe, doesn't it. De Weerd: Council, any questions? Rountree: I have none. Zaremba: Madam Mayor? De Weerd; Mr. Zaremba. Zaremba: Is there any possibility -- okay. Just counting the accesses on both sides, one, two, three, four in a short distance there. It doesn't sound like a good idea to me. Is there any possibility of you and what looks like three other people that have Falcon Lane as your access, would actually sell them that piece and share that access with them, so that their access will stop in lane, plus maybe one other? Aldridge: In response to that, Councilman, there are various technical reasons why that just doesn't work. Trying to come in from here you're far too close to the Falcon intersection, as I understand it. And that was explored. The real time when Ithink -- and I think the part I blew it by not showing up and requesting it, is when this was approved for the assisted living units, it would have been nice to have readjusted the Falcon Road interchange at that time, move it a little bit to the south, and that would. have greatly helped that whole situation. That's locked in place. That's been fully approved by City Council and is starting construction. So, with that and the access they have right across from my driveway, that will be handy, because when I get done with my ten years I can just put my roller skates Meridian City Council • August 26, 2008 Page 25 of 65 on and go right down. into the assisted living units. That's simply too much too close to try to do that. That was looked at early on in the process and that simply couldn't work. Zaremba: Okay. Thank you. De Weerd.: Okay. Council, any other questions? Bird.: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Thank you. The only other person I have signed up is Bob Carpenter, who also signed up for. Carpenter: Bob Carpenter. 3250 East Victory Road., Meridian, Idaho. De Weerd: Thank you. Carpenter: I am not a lawyer. De Weerd: And thank you. Rountree: Congratulations. Carpenter: My wife and I own the property right here on the north side of the property in question and have about nine acres there and we have been very pleased with Mr. Goins and the development that they are proposing here. I don't have an opinion on the right-in, right-outs or full access points on Eagle Road., although what Mr. Aldridge stated about the two of them taking pressure off just one, tends to make some sense. 1'd like to see the -- it's the first time I have .seen the operation hours of 6.:.00 to 10:00 and 10:00 o'clock's kind of a bad time to close a Walgreens, if we are still across the street, because I like to watch the news and, then, tend to like to have milk and cookies and if I run out of milk I could run across the street, if it doesn't close until say 11:00 or 12:00. So, that's my -- that's my most serious problem with the whole thing. De Weerd: You may have to change some habits. Carpenter: I may have to. I don't know. Rountree: Madam Mayor,.that's the first time I have heard a sweet tooth as the reason why. That's quite original. De Weerd: It is the first time we have had a neighbor testify to extend the hours, too, I might say. Meridian City Council • • August 26, 2008 Page 26 of 65 Carpenter: Well, when we -- when we -- when you approved the C-C zoning here a couple of years ago for this area, we thought the road would be in by now and so forth and -- and the property would be on and developed. For my understanding, ACRD in their 2009, 2010 budget hearings tomorrow, I believe, show Eagle Road on the 2010 budget. So, that corresponds with what they said about it. I think they want to get the road down there at the bridge at the fire station done starting October of 2009, so they can meet that winter season. So, I'll stand for any questions. De Weerd: Council, any questions? Rountree: I have none. Thank you. De Weerd: Thank you, sir. This is a public hearing. Is there anyone who would like to provide testimony on this application? Wheeler: Madam Mayor, Council Members, my name is Nate Wheeler. 2989 East Loon Creek, Meridian, Idaho. 83642. I live in Thousand Springs and I have lived there, have a family, and I grew up off of Cloverdale in between Victory and Amity and so this intersection here of Victory and Eagle is very familiar to me. I'm also working with some of the landowners on the northwest corner. I think that this project that's going in here is a great service to south of the interstate. It's very much needed and especially it's just a logical choice for that. The developer that's here is -- that's behind this project is seasoned, good., working well with the neighbors, so I think what is planned is and happening here seems to be very beneficial to the community. My biggest concern, as you have already expressed, Madam Mayor, is the danger of this intersection here. For three years I drove through this intersection at least twice a day going to high school and I remember when I got my driver's license in 1990 I was 16 years old. My dad looked at me and said you don't go through that intersection and I did one time and it was almost of life-ending accident that I got into. So, I have some strong concerns about that intersection there. I know that Meridian has done a great job in putting up a four way signalized light there, which has really turned down the risk that's in this intersection, but with the accesses that are proposed here, I think we are ready to resurrect that and that's my biggest concern. You have a narrow two lane road south of Victory Road that is if someone was to turn -- that's. a 50 mile an hour road. If someone is to stop, make aleft-hand access onto the soufheast corner, they have to not only navigate Falcon Drive, they also have to navigate Schauer, which is the community for Medford Place. They also have to make sure that that blind spot that's there that they are seeing enough cars, plus you also have Roan Street, which is the main access into Tuscany, 1,100 plus sites there and the new Sienna K through 8 school, which is 752 student capacity there. So, you have buses, you have afternoon kindergarten. You have -- you have commuters coming in and out of it and there is no way to get around them to the right, if you were to access this place to the left. What Meridian City Council ~ S August 26, 2008 Page 27 of 65 think would be a good solution is to only allow aright-in, right-out until the road improvements happen. At that juncture allow a full access onto the property. That would allow median turn for somebody who -- a patron that wanted to visit the southeast corner, could move into that; traffic could still flow, there would be no danger of turf farm trucks that come back and forth for the turf company that's located at Lake Hazel and Eagle Road. Also, the buses that would come up and down that place and just normal commuter traffic that happens from all the subdivisions that are south of there, Kingsbridge, F&C Financial, or investment that's there, Tuscany, all of that would happen -- I think a right-in, right-out would be the best option until the road improvements are finalized, then, allow a full access there. I think that's the safest option. I'll stand for any questions. De Weerd.: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. Okay. Any further testimony? I guess I would like comment from ACRD. And a guarantee on that intersection improvement. Inselman: I'm afraid I'm the wrong guy. Madam Mayor, Gary Inselman, representing Ada County Highway District, 3775 North Adams, Garden City. De Weerd: Thank you. Gary, I guess my question is what are the plans and time schedule for that intersection? Inselman: The plans are as has been testified and it is proposed in our 2010 fiscal year budget and in our five year -- current five year work plan for the 2010 fiscal year construction. De Weerd: And so does that mean in 2010 construction that it would start in fall of 2009? Inselman: Generally that's the time frame we would begin the work at the bridge over the Ridenbaugh when water went out of the canal in the fall of '09 and, then, complete the work -- the road work and the intersection in the spring was generally how that would work. De Weerd: Okay. So, my next probably more difficult question for you is as you go through balancing, is this going to be delayed again? I mean this has been a priority for our community for some time and it hasn't mattered that it's been a priority and, unfortunately, I can't awaken the residents of south Meridian enough to scream loudly at AGHD. It's only been us. But with the challenges of budget and if the registration fee does not increase on or be re-what-evered, what is the likelihood that this will stay in the slot that it's in? Meridian City Council • August 26, 2008 Page 28 of 65 Inselman: Madam Mayor, I would probably say that's the million dollar question. De Weerd.: Your crystal ball, please. Inselman: We recognize that it's a high priority for the city and it's a priority for ACHD. I can tell you that our current budget going before our commission for'09 and projected budget for '10 in our hearing tomorrow night is much more conservative than we have been in the past. I'm not sure how much you followed our past five year work plan process and budgeting, but we -- De Weerd.: We follow it. Inselman: -- consistently over-programmed in the past. We have not done that in this budget year. They are both balanced for '09 and '10. So, if revenues come in as projected, which we are fairly conservative in those projections again '09 and '10, the likelihood of this slipping is considerably less than in past years. But, again, as you know, there are no guarantees if our effort at the renewal of the registration fees fails, if revenues continue to decline more than we have projected, who knows what projects would have to slip to keep a balanced budget. De Weerd: Okay. Thank you. Council, any questions for Gary? Bird: Madam Mayor? De Weerd: Uh-huh. Bird: I do have one. It's not on a time deal. What is a signalized intersection costing, approximately, Gary? Something like we put in on McMillan and Ten Mile. Inselman: An intersection like that we are talking about a million and a half, two million. Baird: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I realize ACHD apparently has approved all the accesses that have been talked about, but that does seem odd that in that short distance there are four accesses, one the other side and, then, three pretty close together on the east side. I don't know if I read it right, but it looked to me on one of them like the -- if they have -- if this project gets two accesses to Eagle and the south access ~a Meridian City Council August 26, 2008 Page 29 of 65 is 100 feet from falcon -- at least that's what it looked like to me. Is that reasonable? Inselman: Councilman Zaremba, we had in our purchase and sale agreement with the former owner of the land the agreement to build the access points as he requested, but as you know we do not deed access points, we do not guarantee them into the future. So, at our initial review of this application we suggested the alternative we put in our reports, perhaps we should consolidate -- have a couple of access points instead of four. The problem arose because we had not contracted the project yet, we still have this agreement out there saying we are going to build four access points. So, rather than -- and they do technically meet the minimums of our policy. Our policy does allow us to review access points for the development application with, first., the assertion that access to arterials is restricted. Next every parcel needs an annex to a public road. Next what's necessary and reasonable to serve the parcel and the project. And, then, what -- you know, does it meet our spacing requirements. Mr. Ballard's right, we did agree to build four commercial access points with the project. We did not guarantee them into perpetuity. If they had already .been built, we'd probably be recommending that they be modified., because there is no traffic reason that this parcel has to have four. But we allowed it in our report, because we agreed to it in the sale and purchase agreement and we have not built the project yet, so that's where we are at. We still think it would be reasonable what your staff is recommending, but we didn't feel it was worth the potential battle over the language of that sale agreement and the review of the application to require it, so we wrote our staff conditions as an either/or. Zaremba: Thank you. Inselman: Okay. De Weerd: Okay. Nothing further from Council? Bird: I have none. De Weerd.: Thank you, Gary. Inselman: Thank you. De Weerd: Okay. Last call for public testimony. Don't worry, you get the last word.. Okay. Rebuttal comments. Ballard: Thank you, Madam Mayor, Brian Ballard, attorney for the applicant. think that the time limit's going to be probably practically okay, because it's -- we are a year away from getting anything built and opened anyhow, at least. chatted with Tamara about that and so I think that's a moot point, essentially. .Meridian City Council August 26, 2008 Page 30 of 65 De Weerd: So, if your conditional -- or your CO were tied to the intersection -- Ballard: See., I think that asks for a little bit too much, Madam Mayor. I think that -- De Weerd: I can always ask. Ballard: I know, but you have asked for maybe a little too much with that one, because it ties it to something that's probably not fair, in all deference to Mr. Inselman in his good comments.. We -- if you try to entice the national tenant to come in and do a good job and you stillborn the opening, because you can't get to the site, we -- it's not going to work. When we have to at least have some assurance that when we open doors that we are going to have the access, that -- and Iwould repeat again, ACRD is contractually obligated to provide under that agreement under the condemnation agreement -- and I understand the context of the annexation and all of that, but the fact that you don't guarantee it -- every contract has no guarantee that it will be performed. Everybody to a contract has the ability to default under that contract and I, essentially, think that's what's happening. If they don't build it, I think that's a default under that agreement. The compensation that was paid was paid in two ways, money, but also the promise by ACHD to do what it is they said they would do and the price that was paid was less because of that. You understand that a piece of property with four access points or a piece of property with three access points, that which is taken away is one access point, that's worth some money, and I don't think that it's quite right or fair that because of the inability to perform as what it's promised to do, that somehow that gets gerrymandered into an, oh, sorry, we took your access and we didn't pay you for it. I mean that's just kind of a side bar. Because t think there is so much more at play here than we -- we sort of think about. What I have to repeat is that this was planned, it's within policy, there is drawings for it, it's not minimums, it meets policy. Now, if we can work to help Mr. Aldridge with respect to moving that as far north as we can, we will do whatever we can to do that, to accommodate him. But he's right, having that right-in, right-out closer to the intersection will mitigate some of the traffic that comes his way. It's approved, it's planned, it's been funded., it's supposed to have been built and I think that we fairly ought to be able to rely upon that when we come before you and say come on, it's only fair. De Weerd: You know, I guess just my observation. We have a little bit different, I think, responsibility in our decision making than the highway district. Ours are based on safety. Public safety is our first responsibility. What we have found. through experience on Eagle Road is that more is not necessarily better and in some cases can be a detriment. There is where you have a county wide highway district and a city land use decision making that can have conflict and certainly that decision is this .Council's to make, as far as the land use side of it. You know, if your argument is those should have been built, I totally agree that intersection is supposed to have been built. Unfortunately, it's not. And when we • lI Meritlian City Council August 26, 2008 Page 32 of 65 Ballard: I anticipated that that's where you were going, Councilman. That's why my knee was -- my leg was jumping up and down. It's a new issue. De Weerd: You know -- and I guess maybe not even being pay back for impact fees, but being paid back at the time frame that ACRD had, because sometimes impact fees are a little bit slower coming in than what a fully funded project might have been. Ballard: I think that puts Mr. Inselman unfairly on the spot, perhaps, because we are -- De Weerd.:. That's all right. Ballard: Okay. Rountree: We like to do that. Ballard: Secretly so do I. I don't know. It's a new issue. It's something that we have got to talk about. I don't -- I'm not really -- to be a participant in a new program that we just made here tonight? Bird: No. I mean we have had it done two or three times within our deal. We have had intersections improved by developers for their projects and not even any guarantees of pay back. De Weerd: Plus the economic -- Rountree: Madam. Mayor, I'm just going to throw this out for Brian to consider, with Mr. B'ird's comment, to me it's a matter of timing. I'm with you on the access. think the access is -- you know, we are not in a win situation if we do something other than that, if our transportation officials that we rely on say it can b.e done. However, it seems to be a disadvantage to your developer as well to invest funds out there., particularly for an organization who is in the market, at least they are advertising in the market of human .health and services. To put a store out there when the intersection potentially could remain a two lane rural four way stop intersection when your doors are about to open and ACHD has slid the project one more time and that's nothing against ACHD, they are working within the bounds of reality. They can only spend as much money as they have got. Ballard.: I agree. Rountree: And on this particular intersection we have been there twice the past couple years. It just keeps moving on out, because there are other things that in their prioritization scheme of life take precedence over their funding. Ballard: Yes.. Meridian city Council ~. ~~ August 26, 2008 Page 33 of 65 Rountree.: So, what Councilman Bird is saying is in order to take advantage of the timing of the people who you represent .and the potential national chain want to open a store, it might be beneficial if you contemplate at building the half of the infrastructure that borders your property, so you have multiple lanes to utilize for right-in, right-out and full turning movements at the other two intersections to minimize the -- what could very well be a significant rear-end accident situation that would be created with the two lane four way stop happening. It's a timing issue. If we have the perfect storm in terms of funding and/or door opening and the ribbon cutting on the new intersection is a week before the ribbon cutting and your chain coming in there and deciding that now is the time to open, I do know that they do build buildings and leave them unoccupied for an undetermined amount of time, because they can get financing that way, but -- Ballard: Well, that's -- Rountree: That's my issue. Ballard: Councilman Rountree, I agree with your perceptions and your comments. It's a new issue. It .hasn't been brought up before. 1 think that we have to take into consideration whether these new issues make it such that you have unintentionally defeated the economic development now at that corner. So, that's a problem that you have to weigh as well, which is -- and we all understand how that works. The problem is that we have -- and Gary said it best, he said there is no guarantees, so we are between a rock and a hard place here. If could have a couple seconds just to chat with my principals to see what they want to do. Want to take a -- De Weerd: You bet. We will take a five minute recess. Rountree: I'll throw this out, too. There is probably just as much risk or guarantee on the other side of that equation. I mean they could go south as well. Ballard: Absolutely. De Weerd: Okay. We will recess for five minutes. (Recess.) De Weerd: Okay. I will go ahead and call this meeting back to order and we are still on Items 13, 14 and 15. Ballard: Thank you, Madam Mayor. Let me begin by saying that our initial reaction was one of we need some additional time to think about this and we are probably headed in that direction, but we were able to reach Greg on his cell. .phone and we have kicked it around a little bit and we would like to work with you Meridian City Council August 26, 2008 Page 34 of 65 and share with you, maybe, a suggestion and the suggestion would be that based upon the assumption that we would get the approved option one that ACRD has approved, the four access points, then, we would agree that the certificate of occupancy would not issue until the road improvements were made, with -- oh, sorry, Bill. Canning: That's all right. He doesn't vote. Ballard.: That's not what he told me. So, if we get the option one, which is the four access points and we would agree, because it's a timing issue and it's a funding issue, we would agree that there would be no CO until the road improvements were made, with the option on our part, if there were slippage on the part of ACHD, we would have the ability to work with them, on some sort cooperative agreement, reimbursement agreement -- some kind of a cooperative development agreement, if you will; for want of a better word and work with ACHD as best we can, one, to hope that they can do this high priority project as soon as they can, but, two, that if we get what we want, then, we will go along with what you want, which is the no C of O until it's built and, then, we will work with ACRD to come up with a way, if they slip, at our option, to see if we can work out some sort of a reimbursement mechanism. We are sort of swimming in new waters here, I think, Councilman Bird, but I'd appreciate anything that you might offer to that not very well articulated suggestion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird.: Brian, I think it's great that you have come back with this offer and I don't see any problems with it at all. You know, as long as no COs are offered until -- or is issued until that is done, at least we have got that in the scope and I, for one, firmly believe that you need the four accesses, so I have no problem with that. De Weerd: Well -- and I could tell. you that we will continue to push aggressively for this intersection improvement and you have three vocal neighbors also in here that I got your numbers and we will make sure they will be rallying their neighbors in support. This is an intersection that is long overdue and we have had a number of the Commissioners also go on the record as saying that as well. _ So, certainly, if that is of any reassurance, I can be squeaky and we will definitely be on your side. Ballard..: Okay. De Weerd: Okay. Thank you. Any final comments? Ballard.: No. .- • • Meridian City Council August 26, 2008 Page 35 of 65 De Weerd: Okay. Thank you. Okay. Council, any further information needed for staff or the applicant? Bird: I have none. De Weerd: If there is no further information needed, I would entertain a motion to close the public hearings on Items 13, 1'4 and 15. Bird.: So moved. Rountree: Second. De Weerd:: I have a motion and a second to close the public hearings on these three items. All in favor say aye. All ayes. Motion carries. MOTfDN CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we have no discussion -- first of all, I want to thank the applicant for cooperating and knowing -- realizing that we do have a problem out there and trying to help us solve it and we certainly will, as the Mayor and Council, help you all we can and I know Gary and them will, too. I would move that we approve AZ 08-007 annexation and zoning of 4.79 acres from RUT to C-C for Shops at Victory, to include all staff, applicant, and public testimony. Rountree: I'll second that for discussion. De Weerd: For discussion? Rountree: Please. De Weerd: Okay. Rountree: Do we want the development agreement addressed with this motion? Bird': Yes. Oh, that's -- I'm sorry. Canning.: Yes. I believe the changes to the development agreement that we have discussed are not providing a pedestrian access to the property to the south, adding a condition that the applicant will construct a sidewalk in an easement on the Aldridge property to Falcon Lane, and adding a timing agreement with regard to the certificate of occupancy having the completions -- Meridian City Council • • August 26, 2008 Page 36 of 65 having the intersection improvements complete or giving the applicant an opportunity to work with ACHD on a funding mechanism. Rountree: And the four access -- Canning: And the four access points. Rountree: Two full, two right-in, right-out. Canning: Shoot. Bird'.: That was included in the motion. De Weerd': That is what Mr. Bird said.. Was that what second agreed to? Rountree: That was what I would agree to after the discussion. De Weerd: Okay. Any further discussion on this item? Madam Clerk, will you, please, call roll. Ro11-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES.. ONE ABSENT. De Weerd: Thank you. Item 14. Bird: Madam Mayor'? De Weerd: Mr. Bird. Bird: I move we approve PP 08-006 with staff, applicant, and public testimony: Rountree: Second,. De Weerd: I have .a motion and a second to approve Item 14 with the same stipulations as were detailed in the prior motion. Is that correct, Mr. Bird? Bird.: Yes, ma'am. De Weerd: Thank you. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. • Meridian City Council August 26, 2008 Page 37 of 65 Canning: Madam Mayor, quick clarification. To Mayor and Council's knowledge was there any change necessary on the preliminary plat? I don't think there was. think it was all just the annexation. Bird: It was all on the annexation, wasn't it? De Weerd.: It was in the annexation. This shows the points of access. I don't know if it showed the sidewalk to the south. Bird: That was in the annexation. De Weerd: Yes, it did. Bird: And the fence was in the annexation, too. De Weerd: The comments were captured I believe with Mr. Aldridge's property, so -- Canning: Thank you. De Weerd: Okay. Roll call. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 15. CUP 08-011. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 08-011 with staff, applicant, public comments. De Weerd: Do I have a second? Zaremba: I'll second. Did we want to have a discussion at all about the hours? De Weerd: I think Mr. Carpenter and his sweet tooth, you know, had a real compelling argument, but I don't think the applicant was asking for extended hours. Bird: He didn't ask for any. Did they want it? Rountree: I guess my point on that is that I don't know that we want to establish the precedent. We have held with those hours, so -- • • Meridian City Council August 26, 2008 Page 38 of 65 Zaremba: Okay. Bird: That's why I left it alone. They didn't -- De Weerd: Yeah. We just thought that he could change his habit. I know that Walgreens has good milk. My husband's abig -- Bird: He'll just have to get his sweet tooth a little earlier. De Weerd: Okay. Council, any further pertinent discussion? Okay. Roll call vote. Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Borton, absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 16: Public Hearing:: PFP 08-001 Request for Preliminary /Final Plat approval of 2single-family residential building lots on 0.33 of an acre in an R-8 zoning district for Fullmer by Jeffrey Fullmer -end of E. Carlton between E. Fifth Street and Cathy Lane: De Weerd: Okay. Item 16 is -- oh, could someone get Councilman Borton. Okay. Item 16 is a public hearing on PFP 08-011. I will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Fullmer project. It's located at the southeast of and at the terminus of East Carlton Street, which is east of Northeast 5th Street and it's zoned R-8. The development includes two single family residential lots on .33 of an, acre. The property is currently zoned R- 8. The majority of the sight is currently designated Old Town on the Comp Plan and smaller portion on the north boundary of the site is designated as high density residential. The portion of the property. that lies at the terminus of East Carlton Street consists of an un-platted land and, then, the southern portion of the property was previously platted in 1897 as Lot 12 and a portion of Lot 11, Block 8, of Cottage Home Addition to Meridian Subdivision. The applicant has done a property boundary adjustment and that's in process, but has not been recorded and that's to provide frontage for the two adjacent platted properties. Let me point some of this out. The property as it currently exists -- this is the un- platted parcel and these are Lots 10, 11 and 12 of the Cottage Home Addition. You will note that none of these has the required in their -- in their original configuration none of.these have the required frontage on a public street. Parcel A there has apoint-to-point connection, but that's all. So, the applicant has done a property boundary adjustment to give frontage on the public street using a common driveway and now they are seeking a combined preliminary/final plat to split this lot or this parcel into two lots. The parcel boundary adjustment was Meridian City Council ~ • August 26, 2008 Page 39 of 65 approved by the planning. department on June 11th and that includes the three lots previously platted as Cottage Home Addition and the un-platted parcel.. And, then, there is just a note that because the two proposed lots are parcel C at the property boundary adjustment, the record of survey for the property boundary adjustment needs to be recorded prior to signature of the final plat by the city engineer. There is a condition of approval regarding the -- tying the elevations to this plat. The applicant submitted those elevations as part of the plat and said that those would be the homes they were building on them and I can show those to you here. That's a detail of the driveway configuration as it comes off of Carlton Street. I think this site ,plan shows the drive. This will be the common drive and here you have the four proposed homes. The Commission recommended approval of their July 17th public hearing. Sheri Stiles spoke in favor. No one spoke in opposition or commented or provided written testimony. Key issues of discussion by the Commission was the method of irrigation for the proposed lots. The key Commission changes to staff recommendation were to strike the condition of approval 1.2.4 requiring the applicant to submit evidence of approval of right of way construction and public utility improvements and to strike condition of approval 1.3.1 requiring construction of a sidewalk along East Carlton Street. The outstanding issue before City Council is with regard to the common drive. The fire department originally asked for bollards to be placed at the end of the d-rive and now they are asking for those bollards to be removed... Both of them make sense, so it's really Council's decision. This is a challenged area of the city with regard to access. You have State Street comes and does a substandard cul-de-sac at the end and, then, you have Cathy Lane, a private street, comes up at a minimal right of way, I think it's about 20 feet. And, then, it widens to 40 feet kind of in this location and, then, it exits here onto Cathy Avenue, which comes into Washington Avenue. So, this is all a private lane. You have an alley here that is unimproved.. And the ACRD staff report for this application has not required that the alley be improved through this lane. And, then, you have Carlton Avenue, which dead ends here and will become a private drive that kind of swoops down a little bit and connects to Cathy Lane. It will become a common drive that swoops down to Cathy Lane. The bollards that will prevent it from acting as an extension of Carlton, but without the bollards it does improve access in the area and the ability of the fire department to get in and out. Either way this is certainly a constrained area of town with regard to access. We did carefully check this parcel. It certainly looks like it should be a stub street -- a continued stub street. There is a JUB application that originally had it as part of a preliminary plat, but it didn't make it into a final plat, so it does appear to be a remnant parcel and that's the -- that's this application in a nutshell. I'll answer any questions you may have. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. Rountree: I have none. Meridian City Council • August 26, 2008 Page 40 of 65 De Weerd:: Does the applicant have comments? Stiles: Very brief. Sheri Stiles. Engineering Solutions. 1029 North Rosario Street in Meridian. Mayor de Weerd., Council Members, I'm not sure that Anna mentioned the second -- second item that the fire department requested to be stricken from the conditions of approval. I'll give this memo to Jaycee. They have requested that conditions of approval 1.2.12 and 3.9 be stricken that refer to the bollards. I just wanted to clarify that those were two items. As Anna said, this is a very difficult area. Some of you might remember the Sterling Creek Subdivision that came through and that it did have that un-platted piece there, but Mrs. Overton; John Overton's mother, I believe, still lived there and she had an old shed there that she wanted to maintain as long as she was alive and so that kind of shifted the property line, but for some reason this wasn't part of a dedicated roadway or anything, it was just an un-platted parcel and, then, you have the Cathy Lane there that it doesn't really go to 40 total feet, whereas Sterling Creek starts up at the -- where Sterling Creek~is here, there really is like a .physical boundary there. They have got some plantings and some curbing there. So, people from Cathy Lane don't -- don't go out through this way. You may remember this from a long time ago, the previous building inspector did this subdivision, kind of a substandard subdivision, and it's -- it is what it is, as you say, so -- .Rountree: Yes, it is. De Weerd: John Adams. Bird: We weren't going to bring that up. Stiles: But we are just requesting this two lots to kind of straighten everything out and make it all legal and we would ask for your positive approval of this plat. If you have any questions I will be glad to answer any. De Weerd.: Counsel, questions? Bird: I have none. Rountree: I have none. De Weerd.: Okay. Stiles: Thank you. De Weerd: Okay. Is there any public testimony on this item? Okay. Council, seeing no public testimony on this item, what is your pleasure? .Meridian City Council • August 26, 2008 Page 41 of 65 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on PFP 08-001. Rountree: Second. De Weerd.: Okay. I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any further information needed or do I have a motion? Bird.: Madam Mayor? De Weerd: Mr. Bird. Bird.: I move we approve PFP 08-001 and eliminate the bollards as requested by the fire department and uphold the Commission changes one and two as shown by the department and to incorporate all applicant, public, and staff comments. Rountree: Second. De Weerd: Okay. I have motion and a second.. Any discussion? Okay. Roll call. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: AZ 08-008 Request for Annexation and Zoning of approximately 5 acres from RUT to an R-8 zone for Redmont Health Services by The Land Group, Inc. - 5075 W. Cherry Lane: Item 18: Public Hearing: CvP 08-015 Request for Conditional Use Permit for an Assisted Living Facility consisting of 2 residential treatment buildings and 1 administrative building in a proposed R-8 zone for Redmont Health Services by The Land Group, Inc. - 5075 W. Cherry Lane: De Weerd: Okay. Items 17 and 18 are public hearings on AZ 08-008 and CUP 08-015. I will open these two public hearings with staff comments. Meridian City Council ~ • August 26, 2008 Page 42 of 65 Canning: Madam Mayor, Members of the Council, this is the Redmont Health Services project. I't's located at 5075 West Cherry Lane between Black Cat and McDermott on the south side of Cherry Lane. The applications before you tonight are annexation and zoning and conditional use approval of the residential care facility. The applicant is .proposing to develop the site as a residential care facility, consisting of two 9,000 square foot residential treatment buildings kind of on the southeast and southwest portion of the site and, then, one 6,000 square foot administrative office building. Future pads for two Alzheimer's buildings are also shown on the site plan. However, they are not proposed for construction at this time and they would require separate conditional use approval. One of these is the site plan and one of them is the landscape plan. That's why they are both up here. I wanted to point out some of our kind of site specific DA provisions and those include that until a future CU is approved they can have a maximum of three buildings and that's the two residential buildings and the one administrative building and, then, all future uses on the site will require a new CUP, unless waived by the planning director because the use is principally permitted. Treatment on the site -- and that includes counseling and therapy -- shall be limited to the residents on the site. Continuing care of the residential patients is allowed., provided it is consistent with the Redmont Health Services business/treatment plan for residential care facilities. And, then at a minimum an amenity should be constructed on the site as proposed on the site plan and that includes a walking path and a garden area and, then, a ropes course, which is down in this area. With the CZC application the applicant should include mitigation details with a plan approval by the city arborist and there are up to 354 existing caliper inches on the site, so that it will be a significant number of inches. Any future buildings need to substantially comply with the elevations. And here is the elevations for the administrative building and, then, the resident buildings. Construct private streets to the east and west property lines and those are kind of the extension of that drive aisle there. This includes the pavement and the adjacent sidewalk. Place signs at the east and west property lines stating that 'the roads will be extended in the future and due to the length and lack of the turnaround to the east leg, stripe the asphalt at 150 feet and the striping shall be removed once the property to the east is developed and the private street is extended. Cross-access shall be provided to the properties to the west and east of the development. Copy of a recorded easement shall be submitted to the planning department prior to occupancy of the first building. And, then, the applicant shall construct a five foot wide detached sidewalk along the northern boundary of the property as proposed and the developer shall maintain a ten foot wide compacted gravel shoulder meeting the construction standards for ACHIJ, with the remainder in lawn or other vegetative ground cover. That one's not site specific. I don't know why I forgot to delete that one. Sorry. De Weerd: I figured that's why you mumbled.. Meridian City Council • t August 26, 2008 Page 43 of 65 Canning: Yeah. Okay. 1 will articulate better. The Commission recommended approval at their July 17th, 2008., public hearing. Doug Russell, the applicant's representative, spoke in favor, as did Robin Hinkle, and no spoke in opposition. Don Clower and Jeff Morrell spoke -- or commented and, then, we received written testimony from Don Clower for denial after the P&Z meeting. So, there was just a comment at the meeting and, then, written request recommending denial after the meeting. Key issues of discussion by the Commission were the differences between residential care facilities and out-patient care facilities. The sewer stub to Mr. Glower's property west of the site. The need for private streets required by the fire, police, and planning department. And, then, they also discussed the relocation of the trash enclosure from the location proposed on the submitted site plan. The Commission discussed the trash enclosure be placed within the stub driveways until future connectivity to the east parcel was extended Through. This location was discussed as the solution for meeting the 150 foot length for the fire department requirement, without having to provide a temporary turnaround. A motion was not made by the Commission to relocate the trash enclosure. So, I think as it stands it has not been. relocated. The key Commission changes to staff recommendation were that they modified several DA provisions as follows: They modified their condition regarding patient care to allow some outpatient care for past residents at a proposed facility. They modified the striping requirements -- or added striping instead of bollards as requested by the fire department. Provision 1.1.2 was modified to require construction of a five foot detached sidewalk along the north boundary, instead of a ten foot multi-use pathway. Condition 1.2.1, bullet four, was modified to be consistent with one of the other DA provisions, removing a bollard, and condition 1.2.13 was stricken as the Parks Department communicated to staff that the multi-use pathway was proposed along the north side of Cherry Lane, instead of the northern property boundary of this site. So, it was moved to the other side of the street. Outstanding, issues for City Council. The City Council should determine if the. proposed treatment facility, including care of residents and follow-up care of past residents -- basically out-patient care, is appropriate in an R-8 zoning district and the applicant should follow up with the fire department regarding the replacement of the bollards with the striping at the 150 foot mark at the east leg of the drive aisle and modify condition 3.14 accordingly. With that will answer any questions that Mayor and Council may have. De Weerd: Council, any questions? Bird: I have none. Rountree: None right now. Zaremba: Madam Mayor'? De Weerd: Okay. Mr. Zaremba. Mr. Zaremba. Meridian City Council • • August 26, 2008 Page 44 of 65 Zaremba: I'm waiting for the director to notice. De Weerd: Anna. Just -- we have a question your way. Canning: I'm sorry. Zaremba: It's not really a question, just would you go back one slide to identify the area again. Okay. I thought the previous one showed it across the street, so -- thank you. De Weerd.: Okay. Chief, did you have any comments? Other than what's been given? Okay. Thank you. Does the applicant have comment? EIg: Good evening. My name is Van Elg. I'm with The Land Group, 462 East Shore, No. 100, Eagle, Idaho, representing the applicant this evening. I'll take you through a -- kind of a brief -- brief synopsis of where we are at and where we have come from and where we are at tonight. We have got a Powerpoint presentation, but I think we are not too far off the mark, I hope, and if you have any questions I'd be glad to answer those in more detail. We have dealt with this project for quite some time. It's been an ongoing and we have looked at our various options for the design of this site. With the recent annexation and rezone of Incline Subdivision to the north, we had our contiguous access point for -- for annexation and rezone, which we -- which we needed. That's up in the northwest corner of our site. Initially, the application included a stub street coming in directly off of that northwest corner, but after discussing it with ACRD we have .moved it to where you will see the access point later on in the site plan. The annexation that we -- as we proceeded with the annexation of this project, we first discussed with Public Works the availability of service and as you pointed out there was a letter of protest -- it might be -- instead of opposition, maybe -- but Mr. Clower was interested in obtaining sewer service. Well, we are located outside of the Black -- or right on the edge of the Black Cat trunk line and we have talked with Public Works and they have agreed to allow us to extend into that. It can be serviced. There isn't a great deal of coverage beyond our site, so we expect. that it wouldn't be a to and through project, but if for some reason Council decides that it's worthwhile to extend that to Mr. Clower and can do it -- I don't know that it can be done, you know, we can certainly address that. But I think that's another issue that Mr. Clower needs to address as well. With that 1 think he understands that we can't get it and I think he's talked to Public Works, if understand it correctly, and they told him the same thing. So, with respect to the annexation, we have our path of connection. We have available public services. And we believe that the property is ripe for annexation into the City of Meridian. With our site design, as Anna mentioned, there are -- you will see five buildings in the site. Anna, if you would go to the next slide. Or next -- beyond those. There we go. No. Yours is better. Go back to yours. Okay. You will see the -- as Anna mentioned, the two Alzheimer's units up here, assisted living, which we understand will be there or will have to require a conditional use Meridian City Council • August 26, 2008 Page 45 of 65 application. They are just there for site planning right now. These are the three facilities that we are looking at with the ropes courses, the garden area, and you can see that we have tried to provide some sort of a secure campus, but with ample amounts of vegetation, buffering, screening for the surrounding neighborhood.. This area -- along this area right here you will -- the -- according to the Comp Plan is a designated community center designation, so we think that we have created a compatible use with that community center area there. This -- as (mentioned, our access point was here. We have moved it over to here to provide fora more convenient access for the project. I guess one of the things that we talked about with staff that -- well, I guess we understand where the fire department is coming from on it, but they have asked that we provide two staff level approved -- I believe that's correct -- private streets and that's okay, but it seemed to us that providing an access -- or an address off of Cherry Lane for these facilities is better than providing an access off of Cherry that comes to a private street, then,. to another private street in order to get to this one. But having said that, we will do two .private streets if we need to. I don't think the standards of construction are going to be much different that what we are going to do. But it did seem .that it was a little bit -- we considered just more of a parking lot and our own access drives, rather than private streets. But if that's what the ISC requires, then, we will -- we will comply with that. The only other issue we really had with the fire department in discussions -- we met with Joe Silva and everything seemed fine, the buildings are all sprinkled, so the 150 rule, the hose drag length, we talked about all those issues. Access drives around. Because they are sprinkled we have a different standard that we -- and we are in compliance, according to Joe, with that. The only issue is right here. From this curb line to just about a foot or two beyond --afoot or two right there of that parking stall, at the 150 foot mark. Now, Joe wasn't concerned about those two parking spaces, I understand, but the issue was technically, by ordinance, we have exceeded the 150 foot mark, because we are trying to provide an access for our trash enclosure here and we didn't want to build an expensive trash enclosure around this and, then, have to move it later on. There is not a lot of other very convenient locations for that trash enclosure. The neighbors here, the Glowers, certainly didn't want the trash enclosure next to their -- their site and as we looked at it, this does provide an emergency vehicle a little more access to get to the back of this building if they needed to, but what our proposal was is in lieu of providing a temporary turnaround over on this side of the project for his private street, that we be allowed to just stripe this off, we will put some signage -- whatever we need to right there to indicate that this is a no parking zone and., therefore, we will be able to maintain our 150 foot mark right there. So, the private road will, essentially, end right there at the 150 foot line. This is just asphalting, no parking zone, that's made -- that's simply there for the trash enclosure and for accessing that facility. So, we would ask that the Council consider that for us. Let me step back just a little bit with respect to the uses and there was some confusion about continuing care versus out-patient care. Robin Hinkle, the owner of the Redmont health facility, is here tonight and would like to address that very issue with you tonight. I think we have come up with a solution Meridian City Council • • August 26, 2008 Page 46 of 65 that will probably eliminate this concern altogether. But there was some concern, I just in clarification of the code, I was told that when there is a gray area that oftentimes the NFES code is consulted to see what kind of uses might be used nationally or how they -- how they define specific uses and a residential health facility or residential care facility like this or a rehabilitation facility says -- indicates that they often are associated with residential use, with intensive out- patient or -- and counseling services. So, we think we are compatible.. It's probably a scenario that's not clearly defined in your -- in your definitions, but -- but with that I~ think -- again, I think we will be able to sooth any raw nerves that might be there with respect to out-patient and settle that here shortly. Anna mentioned that there were 300 and some odd inches of trees that need to be mitigated. We have had Elroy already go out to the site from parks and I think he's identified 96 inches of trees that are -- that will be mitigated.. He couldn't get onto the site completely, because he had a -- there was some dogs and things in the way and weren't friendly to him. So, we will meet him out there again if we need to and let him do the count. But he felt pretty comfortable with the number that he had given us. De Weerd: Yeah. He doesn't get the same hazard pay that police and fire do. EIg: So, with respect to the staff report, I don't think there is anything that we are really out of, you know, disagreement with of staff on the report or with what P&Z has addressed, other than would ask you to consider the private roads, just for clarification. I would ask you to consider the length of that private road, the 150 foot length, and the striping of the trash enclosure there. We'd rather not put the bollards up there, because, then, we have to move the trash enclosure somewhere else and to construct the temporary turnaround right now, we don't know what's going to happen to the other -- the other portion of that project at this point. So, I believe those are the only questions or comments that I had today. If you have any questions I'd sure be glad to answer them. De Weerd: Council, do you have any questions? Bird.: Not at this time. Boston: Madam Mayor? De Weerd: Mr. Borton. Gorton: Anna, I must have missed something. The report makes reference to 350 some odd caliper inches of trees and you said 92. Elg: Ninety-six. Borton: Ninety-six inches? Meridian City Council August 26, 2008 Page 47 of 65 Canning: Madam Mayor, Members of the Council, it's not uncommon for that number to drop drastically if they are what Elroy terms junk trees. So, I mean you can have several hundred caliper inches of trees that don't really need mitigation on a property, but that's why we always have Elroy go out on site. Borton: Okay. Elg: Madam Mayor, Councilman Borton that is the case. Elroy has indicated that a number of them weren't going to need to be mitigated, because they were trash trees. And the neighbor I think testified at the P&Z meeting that they would just as soon have a lot of them cut down, because they were hazards to them, so -- De Weerd; Council, do you have questions that need clarification on the proposed treatment facility and in-patient, out-patient type of information? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question about the parking lot with the first phase, if you will. I can't tell by the drawing if there is any sidewalk access into those buildings or a place where a gurney can be rolled out of the buildings and into an ambulance for transport of patients that need that. It appears to me to either be all parking or parking and landscaping. So, that would be a concern for me, because these kinds of facilities seem to have a lot of emergency calls and get -- and they are going to be -- there will be at least one fire engine and one ambulance in there and they will be hauling more than the two people out, probably as many as three or four times a week. Has there been provision made for that? Elg: Mayor and Councilman Rountree, let -- if I would -- if I could, I will turn some time over to Robin Hinkle, who has some experience with that kind of -- with this facility and probably could answer some of those questions better for you. De Weerd: Okay. Elg: But there are sidewalks -- I don't know if you can see those from there., but there are sidewalks extending around the entire perimeter of the project into each of the buildings. Those are -- of course, those are the future ones -- into these buildings here. Sidewalks running along the back, side, fronts of all the buildings here for -- Rountree: I guess my question is, though, if all of those parking places are occupied adjacent to that sidewalk, it's -- all of a sudden you have got to carry somebody over a car to get them to the emergency vehicle. Meridian City Council • • August 26, 2008 Page 48 of 65 Elg; We can certainly take a look at that -- at that issue. Robin. Hinkle: Hi. De Weerd: Hi. Hinkle: Mayor, Council, I'm Robin Hinkle. I'm the president and CEO of Redmont Health Services.. 1500 1st Avenue North, Birmingham, Alabama. And I'm pleased to be here today. We are very excited to be bringing a residential drug and alcohol treatment facility to the Treasure Valley area. We have been working hard with the Idaho Substance Abuse Agency, the state substance abuse agency, as well as -- along with Debbie Fields, the drug czar for the state of Idaho, to bring this facility to this area. We are going to be working in conjunction with the -- with the hospitals and the detox center for the community to provide the next step in care for folks and families that are suffering from this disease. To go to the very first question as to access by the emergency personnel into these facilities, there are sidewalks going into each building and if you see right there by' the administrative building, that's an entryway on the left side -- let me see. Right here. That we can design so that have we got folks -- there can be access in through there for the ambulance -- if there is an ambulance or the fire trucks, they can go in, but that's where the entryway would be into the building. This is a 48 bed facility. We will be serving both adolescents and adults and it is -- there will be no detox taking place -- no detoxification services being -- medical detox taking place on the facilities. We will be working with the hospitals and the detox center. Once the patients are stabilized., then., they will transfer into this facility for the -- to begin the residential treatment. This is not a lockdown facility. It will be secure, though, in that there will be monitored access and security -- you know, key pads, the typical security for a medical type facility, but it is not a lockdown. We will serve state clients. We will serve employer's assistance program clients. We will be also serving just anyone who -- primarily we will be targeting middle class folks that need extended affordable residential treatment that is not available in this area. We would also -- we would ,like to be able to treat -- what we are making available here is treatment for folks who live in Idaho in their community, so they are not -- they don't have to travel out of state or hundreds of miles in order to get the treatment that they need. Community based treatment, especially of the extended care version that we will be offering with our services here and with the related out-patient clinic,. is the type of extended care program that has the -- which is shown to have success in recovery. Now, this is the residential facility here.. We are also opening an out-patient facility in -- by the end of November of this year at a separate building located on Cole Road. So, what will happen here is the residents will come in here for the residential .portion of their stay, typically 30 days, and they and their families will begin their treatment here. The day after they check out of this facility, they will go and report for the continuing care of their out-patient care at the Cole Road facility. And, then, they can continue on the several months of continued treatment that they will need to maintain good • • Meridian City Council August 26, 2008 Page 49 of 65 recovery. So, that's how we are set up. There will be -- I wanted to clarify, because I was reading back through the staff report and at one point it was clear that families are going to be coming as part of the treatment -- as part of the residential treatment the families will be involved in some of the group sessions and the education sessions at this facility. That's standard residential treatment. And so I just wanted to make certain that that -- that is understood. Also, there may be occasion when alumni may come back to encourage the residential folks that are in treatment to help them through their program. That is -- it's not something they would pay for or anything like that it's just part of a support network that we would provide to the residential patients that are in the facility at the time. So, if you all have any questions, but the way that we are set up is this is the residential treatment. Once they graduate to out-patient they go to Cole Road and that's where they continue on with that care and that is also -- the way that our treatment program. is set up, once they go to out-patient, they will be able to go home and, you know, resume a life with their families and their jobs, but continue on with their treatment. So, if you all have any questions I'm happy to answer them. De Weerd: Thank you. Council, questions? Bird.: I have none. Rountree: I have none. De Weerd: Thank you very much. Hinkle: Thank you. De Weerd: Okay. This is a public hearing. Is there testimony? Canning: Madam Mayor? De Weerd.: Yes. Canning: The staff report indicates that a flood plain permit is not required. The flood plain administrator would like to reserve the right to double-check that, because the Ten Mile Creek is just to the south of this property. So, there may be a permit required for the Ten. Mile. De Weerd..: Okay. Remarks from the applicant? Any final comment? Canning: Madam Mayor, I guess I'll say one last thing to -- the condition as written does not include families. It says treatment on this site shall be limited to the residents on the site, continuing care of the residential patients is allowed. So, to make the modification that -- the woman with the southern accent -- Meridian City Council • • August 26, 2008 Page 50 of 65 wonderful southern accent, whose name I have forgotten at this moment -- you probably want to put to the residents and their family and that's in the DA. De Weerd: Okay. Canning: Robin Hinkle. There we go. I'm sorry, ma'am. De Weerd: Okay. Any further questions from Council or final comments from the applicant? No final comments? About the flood plain or anything? Just thought I'd ask. Elg: Yeah. Sure. I .think we took a look at that. I don't think there is a flood plain issue there. The Ten Mile -- yeah. It's a deep channel, there is a large embankment against the southern side. I don't think we are in the flood plain there, but I think we looked at that once long ago and we weren't worried about it. But I guess if you want to leave that condition open we can do that. We can look at it. Radek: Yeah. I don't remember specifically seeing this. I think I was actually on vacation when this came through, so I'd have to look at it. De Weerd: Okay. And you were good with the striping, but not the bollards on the east end.. Elg: Right. De Weerd: Okay. Elg: Correct. De Weerd: Are you okay with that? Fire department? Anderson: Yep. De Weerd: Yep. That was yep for the record. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just ask for a clarification, I guess, on the private street. Are these intended for future access to the neighboring properties? Canning: Madam Mayor, Members of the Council, it took me a moment to remember why we wanted a private street. If you look at the surrounding properties, these are all shown as residential on the Comprehensive Plan as Meridian City Council • • August 26, 2008 Page 51 of 65 medium density residential. By placing apseudo-commercial one in the middle, it potentially affects what may come after it. The applicant, (believe -- it's been awhile, so Mr. Tverdy can tell me if I'm wrong, but I believe they own these two properties and they want to do a gated community off of a private street in this area, so it's just -- it allows future opportunities for residential access, because you do have to have frontage on a street for residential properties, you can't -- you can't have access off a commercial. drive aisle. So, it just -- if like say an apartment complex were to develop, it provides addressing opportunities for the fire department and things such as that. So, that's why we were looking for private streets, rather than just common commercial drive aisle connections. De Weerd: You can't have two way discussion off the record.. Elg: Can I be on the record? De Weerd:: You sure can, If you will just restate your name, just in case. EIg: Van Elg. The Land Group. There won't be a gated -- there is no plans for a gated community there. De Weerd: Well, dang, we are ready for one. Elg: And, by the way, we have no problem with -- with extending the easements as identified in the staff report and the conditions of approval, providing those cross-access easements, and we think that accomplishes the same thing as the private streets might accomplish. So, as I understood it, it was a -- I think it was more involved because of. the fire department, something to do with the private streets. I don't know exactly where that did come up, but -- Canning: Madam Mayor, Members of the Council, as I stated before, the private street option is, really, the only option for residential development. If we thought it were going commercial, the drive aisles would be sufficient, but for future residential development we need to have a private street for addressing and frontage purposes. Elg: As I mentioned, we are fine either way, we just wanted clarification on it, so -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. .Zaremba: As a follow-up question, if -- if these are to be extended and -- they would be cul-de-sacs. If this is the only access, just thinking to the future, would there be more than 50 homes accessing it, 50 residential units accessing, or how -- as a cul-de-sac, if it's already 150 feet, how much longer could it go? Meridian City Council • • August 26, 2008 Page 52 of 65 Canning: Madam Mayor, Members of the Council, I think that we will have an opportunity to address that in the future. That will have to come back to you and there is an opportunity to loop it back to Cherry Lane. It doesn't have to be a cul- de-sac. Zaremba: Oh. Okay. Canning: But we will need to -- we will need to evaluate the plan when it comes forward. Zaremba: All right. Thank you. De Weerd: Sounds good to me. Okay. Council, any further questions? Any final comments? E1g: Thank you. De Weerd: Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I guess if nobody wants to -- nobody don't need anymore, I move we close the public hearings on AZ 08-008 and CUP 08-015. Rountree: Second.. De Weerd: Okay. I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES.. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird.: Before we go any farther -- and I'm not making a motion at this time. I am so pleased to see a facility like this come to our area. I applaud you for doing this. It's something badly needed in this Treasure Valley. Thank you guys very much for doing it. Appreciate it. De Weerd: Okay. Do I have motion? Mr. Bird? Bird: Yeah, I'll do that. Madam Mayor? • • Meridian City Council August 26, 2008 Page 53 of 65 De Weerd: Yes. Bird: I move that we approve AZ 08-008, request for annexation and zoning of approximately five acres from RUT to an R-8 zone, for Redmont Health Services by The Land Group, and to include all staff, applicant, and public testimony and I believe we had -- we would include in treatment of patients and families, am I not right on that, Anna? Is that the way we want it? We took care of the bollards. De Weerd: By removing them; right? Bird: By removing them. De Weerd.: Okay. Bird: And I believe that does it. Rountree: Access out of the front. Bird: Uh? Rountree: Access out of the front for emergency personnel. Out of the front of the facility. Bird: Yeah. Out of the parking lot, making sure that that is an open lane to get down in there, so that we can get emergency vehicles in there and patients out. And that should do her. Rountree: I'll second that. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Great. Thank you. All ayes. Motion carried. We still have Item 18, CUP 08-015. Canning: Madam Mayor, before a Council Member might make a motion, on this one if we could get a little more clarity on the emergency access to the front of the structure -- front of the building. Is that only on the admin building -- if I could just get that clarified, that would be great. It probably needs to be in the CU as well, so -- Meridian City Council • • August 26, 2008 Page 54 of 65 Bird: It needs to be in the CUP, don't it? Canning: It can be in the DA as well, but since you're acting on the CU now, if you could clarify it that would be wonderful. Bird: Okay. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 08-015, a request for Conditional Use Permit for Redmont Health Services and clarification on the emergency entry into the administrative building will be on the west side and -- Rountree: I'd add to that that there is sufficient access provided from the building into the parking lot -- Bird: Into the parking lot -- Rountree: -- for emergency purpose. Bird: And what kind of width? Twenty foot? De Weerd: Yes. It's walking, not driving., correct? Bird: No. No. It's driving. Rountree: Backing into it. Bird: Backing in. De Weerd: Backing into it? Bird: With the ambulance. Is twenty feet suffcient? De Weerd: Can you just have them work the details out with the chief? Bird: He's right there. De Weerd: Or the fire guys. Anderson: Yeah. That would be fine. We could work it out, but we are going to need access to each building, not just the admin. The admin is not the only one that we are going to have patients that we are going to have to pick up: • Meridian City Council August 26, 2008 Page 55 of 65 Bird: I would, then, make my motion that they just work out the agreement with the emergency personnel, with the fire chief, and to include all staff, applicant, and public testimony. Rountree: Second. De Weerd.: Okay. Discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just -- it sounds like the chief wants us to confirm that that access very well might need to be provided to each and every building and we are supportive of that. Bird: That's something they can work out, yeah Borton: Okay. De Weerd..: Okay. Further discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Vacated from July 22, 2008: MFP 08-005 Request to Modify the previously approved Final Plat (FP 05-076) by removing the requirement fora 5-foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way and Genoard Avenue for Messina Meadows by Tuscany Development, Inc. -'/2 mile west of South Eagle Road and '/2 mile south of East Victory Road: Item 11: Continued Public Hearing from July 22, 2008: VAR 08-005 Request for Variance to UDC 11-2A-6 which requires building setbacks to be measured from sidewalk or property line.; applicant requests to measure street setback from the back of ribbon curb for 12 lots, located on the south side of E. Deerhill Street between Montague ay and. Genoard Avenue in Messina Meadows Subdivision No. 1 for Messina Meadows by Tuscany Development, Inc. -south side of Deerhill Street approximately '/z mile west of South Eagle Road and approximately'/z mile south of East Victory Road: Meridian City Council ~ • August 26, 2008 Page 56 of 65 De Weerd.: Thank you. Okay. We had swapped Item 19 with Items 10 and 11 and that means we still have 10 and 11. Yes, you know, I would like to thank you, Robin., for coming all this way to be present at this hearing and certainly echo Mr. Bird's comments. This is a facility that is needed in this Treasure Valley. We appreciate your selection of Meridian. I believe we spoke on the phone. Hinkle: We did. De Weerd: And we are thrilled to have you. Hinkle: Well, we appreciate it and we look forward to being here and, you know, you all just let us know what you need, but we will be -- this facility we are anticipating open by June of next year. De Weerd: Well, I don't anticipate being an in-house patient, but we will come as -- Bird: Thank you very much. De Weerd: Okay. Item 10 and 11, MFP 08-005 and VAR 08-005. I will ask for staff comments on these two items. Canning: Madam Mayor, Members of the Council, I think Trent is really regretting the fact that he had to give up his place at the front of the agenda tonight, but he did make it. This is the Messina Meadows project. The subject site i,s generally located about a half mile south of Victory Road and approximately a half mile west of Eagle Road.. The applications before you tonight are a final modification and a variance. The applicant is requesting a final plat modification to remove the existing four foot sidewalk requirement from the final plat and, then, a variance from the UDC setback requirements to allow the street setback to be measured from back of curb, instead of the property line as required by the UDC. Mr. Johnson and Trent and I spent many hours trying to figure out how to accomplish this. The applicant is requesting -- what's happened is the applicant has had success with a single floor -- a single level floor plan that has been selling and that requires a certain length. As the properties get in this -- in the blocks to the east, they did fit on those lots. As they come to the west the lots narrow down a bit and they have not been able to fit that same house plan on these lots. So, that's what's originated the request before you tonight. As far as pedestrian pathways, what you have here is on the north side of this street going into this -- the park you have an existing six foot sidewalk and, then, you have the four detached sidewalk on the south side of the street and., then, you have an existing four foot sidewalk at the rear property line and, then, another four foot sidewalk on the north property line of these units. So, you have several pedestrian pathways through this area. What the applicant is asking to do is remove these two and install -- remove this section of the • • Meridian City Council August 26, 2008 - - Page 57 of 65 ' sidewalk and., then, install some crosswalk markings to facilitate pedestrian traffic from some of the other sidewalk connections. Those being here. And one here underneath this yellow. And.., then, here. So, staff is recommending approval. We've had no written testimony since the staff report and there are no outstanding issues before Council. And with that I will answer any questions. De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Does the applicant have comment? The applicant has no Comment. And he appears to be in agreement with staff comment. Rountree: Madam Mayor, the variance is open, so if he has comments there. Is it not? De Weerd: Uh-huh. Canning: And perhaps I didn't touch on the variance enough and he's got some -- what it is -- it's a little hard to understand, but with the sidewalk gone, we no longer have anything to measure from. So, the code says if you don't have anything to measure from, you measure from the property line. Well, there is quite a bit of difference -- distance between the property line and the back of curb, so what the variance is is to be able to measure from the back of curb, rather than the property line. Neffinger: Trent Neffinger. Oh, man. What's my address. 660 East Franklin, Suite 240, Meridian. Madam Mayor, Members of the Council, I appreciate the opportunity to talk tonight. I will keep it brief. With this final plat modification we did point out that there will be -- we do want to remove those two sidewalks on the north end of that block -- the block being Block 5 there. We will be happy to put in some strategically placed crosswalk areas to help render that removal. The reason why the variance for Lots -- I don't know if you can see that very clearly, but we will just talk about it here. All right. So, the lots in that block they get narrower as you go west and so what we need to do is make the lots work for the houses that we -- that the builder has proposed and this is being the north side here, there is a two foot ribbon curb there, an eight foot swale, four foot sidewalk that's being proposed to be removed and, then, you have a 90 -- this particular lot has 97 deep and, then, there is a four foot sidewalk on the south end of each one of those lots. Currently setback is here and that's pulled 20 feet from the front of the curb or the back of the swale, basically. Twenty feet back. And that is where our problem is. We can't get the length of the house on there. believe they need a 77 foot deep house to make that work. So, what we would like to do with this final. plat modification is remove that sidewalk and, then, with the variance pull the setback from the back of this ribbon curb 20 feet, which Meridian City Council August 26, 2008 Page 58 of 65 would, then, put us here. And, then, therefore., we have a deep enough lot to fit the 77 foot deep house on. So, that being said I can stand for questions. De Weerd: Thank you. Council, any questions? Bird..: I don't have any. Rountree: Madam Mayor, I do. I have -- I guess related to the swale. Isn't that part of the -- the drainage system out there and does that get somewhat compromised if you do that or is it just an architectural feature? Neffinger: Basically, the swale will remain the same. If -- regardless of where the setback ends up, there will be a 20 foot concrete drive approach across that swale and, then, you will still have the capacity that's required on the other side to hold the water storm drainage. So, that won't be compromised at all. Rountree: My next question is could you not move the four foot sidewalk to the back of the curb and still measure from the back of curb for our setback? That's probably for Anna., Trent. I -- Canning: Madam Mayor, Members of the Council, this drawing is actually inaccurate. We measure from the far side of the curb. So, he would still be short four feet if he were to attach the sidewalk and, then, we'd have to reconfigure the drainage for the area, but he would still be short four feet. Rountree: Okay. Thank you. Neffinger: Are you sure? Canning: Yes, I'm sure. Neffinger: Let me point to just how I'm unclear what you're telling me. Though we ~ measured from there, that's where the pin -- the lot pin is, is on that side of the sidewalk and not this side of the sidewalk. Canning: Madam Mayor, Members of the Council, the way the code reads it's from the edge of pavement going back. The intent with the 20 foot is that there is sufficient area for someone to park a vehicle without blocking the sidewalk. And that requires 20 feet. So, it's meant to get it out of that sidewalk area. Rountree: So, Anna, what you're telling me -- if we did what I suggested, then, there would be four feet of sidewalk in the driveway. Canning: Potentially. Rountree: Potentially. Yeah. Okay. That makes sense. i • Meridian City Council August 26, 2008 ~ Page 59 of 65 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Since this is, essentially, right next to -- was it Renaissance Park, the newly dedicated park, or we are expecting that people that want to walk clear to the park are going to walk in the street or they are going to go around to the other side of these two lots and walk down -- what is that between the houses? Is that a -- Canning: Madam Mayor, Members of the Council, there are several homes on -- on Deerhill. There is a sidewalk on the north side of Deerhill and I believe there is also a ten foot pathway within -- that's the wrong way. Sorry. There is also a ten foot pedestrian path within the park, I believe, on the north side of the park. Neffinger: Right there. Canning: Yeah. Neffinger: Just a path there and the sidewalk there. Canning.: There is no doubt that it will be a little odd to have a sidewalk here and, then, lose it as you cross the street and it will look a little odd, but this -- because of this development plan there are a lot of pedestrian facilities. You have one on each side of the street, as well as one on each side of the open space. And, then, again, on each side of the street and on each side of the open space. So, we are really getting twice as much pedestrian pathways as we normally get. Bird: Madam Mayor? De Weerd: Mr. Bird... Bird: But, Anna, I can't believe that people aren't going to be walking down that swale. I think there is some way that we can figure out to get his setback like he needs and still have that sidewalk across there. It's just natural, in my way of thinking that people are going to -= to want to walk along the street back, you know, in the alley. What I would call an alley. Neffinger: Madam Mayor, Members of the Council, I have a comment for that. If we went -- if we go to the other alleys here. De Weerd: Okay. You're going to have to take the microphone. Neffinger: Okay. So, if we go to these other alleys that are existing in the sub, where there actually is an alley, this is a normal street. These alleys do not have i • • Meridian City Council August 26, 2008 ~ Page 60 of 65 ' any sidewalk on them. So, the people are -- the people need to walk -- and this isn't a true to type, because the sidewalks are actually not down the middle., they are right along the front -- or the top of the lot, like was shown in that diagram. So, really, it would be not too much different than walking down this alley. You're going to walk this way or down here. Particularly these homeowners, they are going to come out their front door and walk along that sidewalk, I think, before they would walk in the street. Now, somebody that's coming from this side of the subdivision, yeah, there may be a slight change, they might have to come this way and walk down the sidewalk or across the street and walk through the park. B'ut f still think that they could make headway there to get to the park, if that's where they are headed. Bird: Maybe I screwed up the -- is the front of the house the south? Neffinger: Yes. Bird: Oh. Okay. Neffinger: Yes. Bird: Oh. Okay. Neffinger: So, this is just like an alley load. Bird: Okay. I was screwed up. It wouldn't be the first time. It won't be the last, either. ; De Weerd: Okay. Council, any other questions? Bird.: I have none, Mayor. De Weerd; Okay. Thank you. Neffinger: Thank you. De Weerd: Okay. Is there any public testimony on this application? Had to ask. Council, any further information needed from the applicant or staff? Bird: I have none. De Weerd: Seeing none, do I have a motion to close? Rountree: Madam Mayor? De Weerd: Mr. Rountree. I Meridian city Council • , August 26, 2008 ~ Page 61 of 65 Rountree: I move that we close Items 10 and 11. Bird; Second. Borton: Second.. De Weerd: I have a motion and a second to close Items 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES.. De Weerd: Okay. Council, what is your pleasure? Rountree: Madam Mayor'? De Weerd: Mr. Rountree. Rountree: I move that we approve the requested modification for Item No. 10, MFP 08-005 and that would include staffs comments and recommendations. Boston: Second. De Weerd: Okay. I have a motion and a second to approve this item. Any discussion? Hearing none, Madam Clerk. ' Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Gorton, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree.: I move that we approve the variance request for Item 11, VAR 08-005 for the reason outlined by Director Canning in her explanation of the variance. Borton: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none, Madam Clerk. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton., yea. MOTION CARRIED: ALL AYES. Meridian city Council • August 26, 2008 Page 62 of 65 i Item 20: Ordinance No. Downtown Meridian Striping Plan (1S of 3 Readings).: De Weerd: Okay. Item No. 20 is the first reading of three on: Ordinance No. 08- 1376. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1376., an ordinance of the City of Meridian adopting a downtown, parking plan, with modified standards for designated parking spaces for disabled persons, pursuant to Idaho Code Section 49-213-1-B and providing an effective date. De Weerd.: You fiave heard this ordinance read by title only. Is there anyone who would like here it read in its entirety? Okay. We will have it on next week's agenda for the second reading. Rountree: Madam Mayor, I might suggest that we have the second and third reading. De Weerd: Okay. Rountree.: I'm not sure why we need it set up for three readings, if that's okay with legal counsel. Nary: We could do that. Rountree: Good. Item 21: Ordinance No. Amendment to Fire Hydrant Ordinance.: De Weerd: Okay. It's done. Okay. Item 21 is ordinance number 08-1377. Madam Clerk, will you, please, read this by title only. , Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1377, an ordinance amending Title 9, Chapter 1, of the Meridian City Code regarding damage to the fire hydrants, providing for a waiver of the reading rules and providing an effective date. De Weerd: Oh, wow, these are short. You just heard this read by title only. Rountree: Go ahead. De Weerd..: Anyone who would like to hear it read in its entirety? Seeing none. Rountree: Madam Mayor? Meridian City council • • August 26, 2008 Page 63 of 65 j De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance 08-1377 with suspension of rules. Bird.: Second. De Weerd: Okay. I have a motion and a second to approve this ordinance on Item 21, with suspension of rules. If there is no discussion; Madam Clerk, will you call roll. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Borton., yea. MOTION CARRIED: ALL AYES. Item 22: Executive Session as per Idaho State Code 67-2345(1)Q) (To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement: De Weerd: Actually -- so, Councilman Borton, do you have a motion to make to Adjourn into Executive Session? Gorton: So moved pursuant to -- De Weerd: (1)(j). Bird: (1)(j). . Gorton: (1)(j). Rountree: I'll second that. Gorton: 67-2345(1)(j). De Weerd: Do I have a second? Rountree: I'll second that. De Weerd: Thank you. That was your last motion and you almost messed up. Borton: Oh, I did mess it up. Meridian City Council August 26, 2008 ; Page 64 of 65 De Weerd: I gave you an almost. Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Bird: I move we come out of Executive Session. ' Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. ~~ Bird: Second. De Weerd: Oh, come on, let Joe make that. Bird.: Joe. Rountree: Joe. Borton: I just did. Motion to adjourn. Rountree: Second.. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. ME'ETlNG ADJOURNED AT 11:30 P,M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS), og~a3~og MAYOR TAM a WEERD ~ DATE APPROVED Meridian City Council • August 26, 2008 Page 65 of 65 ATTEST: JAYCEE . HOLMAN, CITY ~ ,` d~°~a ~~ti -, T~. o ALE K SEAL - ~ ~~ ~ ~ '. 9Q G$T 13'~ • `~.. 1 i August 22, 2008 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of July 22, 2008 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT; ~\ /{ CITY FIRE DEPT: V 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 Cffy of Meridian. 1 3 • August 22, 2008 RZ 08-002 MERIDIAN CITY COUNCIL MEETING AUgUSt 26, 2008 APPLICANT Meridian Library District ITEM NO. 5-B REQUEST Findings for Approval -- Request for a Rezone of 0.55 acres from R-4 to L-O zones for Meridian Library Parking Lot Expansion -- 1727 North Leisure Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS.: MERIDIAN POST OFFICE: OTHER: ++ Contacted: ~ ~~ ~ e l S Date: g- ZS Phone: Emailed: ~Q~It°1.S'~ `'lll ~1'YY'~(1~~1'f~h , f'('~ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER i ~E IDR IAIV~ ~J In the matter of the request for Rezone of 0.58 of an acre from R-4 (Medium Low-Density Residential) to L-0 (Limited Office), by Meridian Library District. Case No(s). RZ-08-002 For the City Council Bearing Date of: August 12, 2008 (Findings on the August 26, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon ~it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-002 -1- I 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 12, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based. upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone request to L-O, as evidenced by having submitted the legal description and exhibit map, stamped and dated April 2, 2008 by Kevin Borah, PLS, is hereby approved with a Development Agreement; and, 2. The Development Agreement provisions are as shown in Exhibit B of the attached Staff Report for the hearing date of August 12, 2008, incorporated by reference. D. Attached: Staff Report for the hearing date of August 12, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-002 -2- By action of the City Council at its regular meeting held on the o~CD day of 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: Jaycee H~Pman, City Clerk Copy served upon Applicant, Attorney. VOTED VOTED VO'I'ED~ VOTED_~ VOTED ~fi~~~ N(~yar~'~'~ttr~y eerd F Wt ~ ;' ~,~ rF ti ~'= O SEAL ~ ,~~ The Plarirfif~g~pjgpl~nt, Public Works Department and City By: n~ti Dated: $'Zg"d City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-002 -3- ITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF AUGUST 12, 2008 C STAFF REPORT Hearing Date: August 12, 2008 TO: Mayor & City Council E ,` IDIAN~- FROM: Sonya Waters, Associate City Planner ~ I D A~ M O 208-884-5533 SUBJECT: Meridian Library Parking Lot Expansion • RZ-08-002 Rezone of 0.58 of an acre from R-4 (Medium Low-Density Residential) to L-O (Limited Office) ' 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Meridian Library District, has applied for a Rezone (RZ) of 0.58 of an acre of land from the R-4 (Medium Low-Density Residential) to the L-O (Limited Office) zoning district. The applicant is proposing to use the property to expand the existing parking lot for the Meridian Library just to the west of the subject property. NOTE: The proposed use of the property is considered a public/quasi-public use and as such, is a permitted use in the L-O zoning district. A conceptual site plan was submitted with the RZ application that shows how the parcel proposed to be rezoned and the existing parking lot to the west will redevelop into one new parking lot with associated landscaping. A Certificate of Zoning Compliance application will be required for the construction of the new parking lot and landscaping. The site is located at 1727 N. Leisure Lane, north of Cherry Lane on the west side of Leisure Lane, approximately '/a mile east of N. Linder Road. The subject property is within the corporate boundaries of the city. 2. SUMMARY RECOMMENDATION The subject application was submitted to the Planning Department for review. Below, staff has provided detailed analysis, comments, and recommended actions for the requested RZ application. Staff is recommending approval of the subject Rezone (RZ-08-002) .request as presented in the staff report for the hearing date of June 5, 2008 with a Development Agreement, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on June 5, .and Julv 3, 2008. At the public hearing on July 3 2008 they moved to recommend approval of the subiect RZ request. a. Summary of Commission Public Hearing: i. In favor: Ed Daniels (Applicant's Representative) ii. In opposition: Margaret Wallet; iii. Commenting• Allen Garratt• Terrv Leighton; Janet Sanchez iv. Written testimony: None v. Staff presenting application• Sonya Wafters, Caleb Hood vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The conversion of Leisure Lane from a private street to a public street from Cherry Lane to the north boundary of the. site; ii. The use of a private .street for public access; iii. Improvement and dedication of Leisure Lane as a public street if used for public access to the site• Meridian Library Parking Lot Expansion RZ PAGE 1 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARING-DATE OF AUGUST 12, 2008 I iv. Restrict access to the site from Leisure Lane if public street improvements aren't made; access provided through the library property to the south or west. c. Key Commission Change(s) to Staff Recommendation: i. Strike Development Agreement provision #1.2A requiring improvement and dedication of Leisure Lane as a public street; replace with provision prohibiting access to/from the site via Leisure Lane and no street improvements required to Leisure lane. d. Outstanding Issue(s) for City Council: i. Access to/from the site via Leisure Lane vs. access through the library .property to the west or south (access should not be allowed to Leisure Lane from any of the properties owned by the library if public street .improvements are not made). ;t< ~. n favor: Rodney Evans . W.H. Pacific (Annlicant's Representative): Terry Lei~hto li. In opposition: None iii. Commenting: None iy. Written testimony: Jane t. Sanchez y. Staff presenNn~ applica tion: Anna Canning y~ Other staff commenting on anglication: Kyle Radek 12. ev Issues of Discussion by Council• 1. onstruction of a pathw ay for access to the library site by adiacent neighbors and ~_ installation of bollards t Key Council Changes to Sta o prevent vehicles from driving on it. ff/Commission Recommendation i. ouncil approved the subiect RZ application per the. REVISED concept pla attached in Exhibit A.2 and the Development .,reement provisions in Exhibit B. ouncil also reauired .b ollards to be installed at the. entrance to the pathway to the library site from Leisur e Lane. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ-08- 002 as presented in the staff report for the hearing date of August 12, 2008, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-08-002 as presented during the hearing on August 12, 2008: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number RZ-08- 002 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1727 N. Leisure Lane (Parcel #51201346618) SW '/ of Section 1, Township 3 North, Range 1 West Meridian Library Parking Lot Expansion RZ PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGtiATE OF AUGUST 12, 2008 ~' b. Owner: Meridian Library District 1326 W. Cherry Lane Meridian, ID 83642 c. Applicant: Same as Owner d. Applicant/Representative: Ed Daniels, Hummel Architects, PLLC e. Present Zoning: R-4 (Medium Low-Density Residential) ~£ Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: The applicant is requesting a rezone from R-4 to L-O to expand the existing parking lot for the Meridian Library. h. Applicant's Statement/Justification: "The library's increasing patronage has placed a demand on the number of parking spaces available. Safety concerns, due to the heavy traffic on Cherry Lane, have risen as patrons are parking in remote areas and walking to the library. Currently, the property is zoned for R-4, which does not allow for the use requested.' The proposed zone, L-O, would allow for the proposed use. We feel this project will compliment and improve the guide to future growth and development for the City of Meridian." from Applicant's narrative submitted with the RZ application; see applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5,', a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: May 19, 2008 and June 2, 2008 (Commission); July 21, and August 4, 2008 (City Council) c. Radius notices mailed to properties within 300 feet on: May 8, 2008 (Commission); July 18, 2008 (City Council) d. Applicant posted notice on site by: May 26, 2008 (Commission); July 24, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): The property is currently vacant. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of residential and office uses. c. Adjacent Land Use and Zoning: 1. North: Residential property, zoned R-4 2. East: Office, zoned L-O and R-4 3. South: Library parking lot and an existing vacant building, zoned L-O 4. West: Library parking lot, zoned L-O d. History of Previous Actions: The adjacent properties owned by the Meridian Library at 1326 W. Cherry Lane (Ordinance #726), 1729 N. Leisure Lane (Ordinance #751), and 1250 W. Cherry Meridian Library Parking Lot Expansion RZ PAGE 3 CITY OF MERIDIAN PLANNING D~ARTM•ENT STAFF REPORT FOR THE HEARIN~ATE OF AUGUST 12, 2008 Lane were all previously zoned L-O. (Note: The zoning map shown in Exhibit A.1 shows an incorrect zoning district for the property at the west boundary of the site; it shows R-8 zoning but it is actually L-O.) e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer service is located in N. Leisure Lane. Location of water: Water service is located in N. Leisure Lane. Issues or concerns: A portion of the property in this application is located in the Leisure Lane subdivision. Currently the residents of the leisure lane subdivision are working with DEQ to resolve inadequate well and septic issues. Public Works department has been working with the residents on a design to make city services available and the mechanics of forming an LID. Also all unities should be installed before the completion of any new road service. 2. Vegetation: There are no existing trees on the property proposed to be rezoned at this tune; several existing mature trees shown on the 2007 aerial view of the property have been removed from the site. Several existing trees are shown on the concept plan. Mitigation is required for all existing healthy trees 4-inch caliper or greater that are/were removed from the site, in compliance with the standards listed in UDC 11-3B-lOC. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: L-O (Limited Office) 7. Size of Property: 0.58 of an acre £ Landscaping: Landscaping is not required with the subject RZ application; however, landscaping in accordance with UDC standards will be required with approval of the Certificate of Zoning Compliance application for the parking lot expansion. g. Summary of Proposed Streets and/or Access: One two-way access driveway to the proposed parking lot is depicted on the site plan from Cherry Lane via Leisure Lane. Two one-way driveways enter and exit the parking lot on the west boundary from/into the library property west of the site. A possible driveway connection to the existing parking lot to the south is also depicted on the plan. No new access points to Cherry Lane are proposed. See Analysis below for more information on streets and access in this area. 7. COMMENTS MEETING On May 16, 2008 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies submitted comments on this application, which are included in Exhibit B of this report. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. This designation provides opportunities for low-impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). The proposed L-O zoning district complies Meridian Library Parking Lot Expansion RZ PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF AUGUST 12, 2008 with the Office designation for this property. Further, the proposed parking lot for the library is considered apublic/quasi-public use, which is a permitted use in the proposed L-O zoning district. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) Staff believes that the proposed use of the property for additional parking for the library will be compatible with the existing residences north of the site and office uses/zoning to the east and south. Require all new parking lots to provide landscaping in internal islands. (Chapter V, Goal III, Objective D, Action 3) The conceptual site plan submitted by the applicant depicts landscaping within the proposed parking lot in internal islands. Parking lot landscaping must comply with the standards listed in UDC 11-3B-8C. Staff finds that the proposed L-O zoning designation is generally harmonious with and in accordance with the Comprehensive Plan and surrounding uses. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: The anticipated parking lot expansion for the Meridian Library is considered apublic/quasi-public use. Per UDC Table 11-2B-2, public/quasi-public uses are a permitted use in the proposed L-O zoning district. b. Purpose Statement of Zone: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ ~ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: RZ Application: As mentioned above, the applicant is requesting a rezone of 0.58 of an acre from R-4 to L-O. The Comprehensive Plan future land use map designation for this property is Limited Office, which is consistent with the proposed L-O district. The applicant is proposing to use this property to expand the existing parking lot for the Meridian Library to the west of the site. The existing parking lot and the property proposed to be rezoned will be combined into one parking lot with new striping and landscaping. The proposed use of the property for a parking lot is considered apublic/quasi-public use, which is a permitted use in the proposed L-O district. The applicant has submitted a conceptual site plan, attached in Exhibit. A.2, showing how the property proposed to be rezoned and the adjacent property to the west may redevelop with a new parking lot and associated landscaping. One two-way driveway is proposed to the site from Cherry Lane via Leisure Lane. Two one-way driveways enter and exit the parking lot on the west boundary from/into the library property west of the site. A possible connection to the existing parking lot to the south is also depicted on the plan. This property is unique in that it encompasses all of Leisure Lane, a private street that is 42 feet in width, at the east boundary, south to Cherry Lane. Leisure Lane is an existing private street that is Meridian Library Parking Lot Expansion RZ PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING~ATE OF AUGUST 12, 2008 used for access to the subject property, the property to the east, and the residences north of the site. The residential property owners to the north own the land to the center of Leisure Lane; Leisure Lane is located within an easement north of the site. Leisure Lane is currently improved on this site with approximately 22 feet of asphalt, no curb, no gutter and no sidewalk (a raised curb exists along the east boundary adjacent to the office property that separates a 5-foot wide area that serves as a sidewalk but is the same level as the street). Leisure Lane is considered a substandard street and all of the residential properties to the north are therefore considered non- conforming properties (they are single-family homes without public street frontage). ACRD owns an 8' +/- wide strip of land consisting of 0.04 acres along the west 'boundary of Leisure Lane, which will be used for future expansion of Leisure Lane as a public street. Staff believes that Leisure Lane should be unproved as a public street as a provision of rezoning this property. If Leisure Lane is improved as a public street, then all of the properties that have access to Leisure Lane can someday re-develop in conformance with City Code. If the improvement and dedication of Leisure Lane on this property does not occur, staff believes there will be a negative impact on the adjacent neighbors. Staff is recommending as a Development Agreement provision that the applicant improve and dedicate right-of--way for Leisure Lane as a public street, consistent with ACRD standards, from Cherry Lane to the north boundary of the site. This improvement and dedication shall occur prior to approval of the Certificate of Zoning Compliance for the parking lot expansion. (Note: A plat is not required for dedication of ROW in this instance because it's located at the edge of the property.) Based on the policies and goals contained in the Comprehensive Plan, the future land use designation of Limited Office for this property and residential and office uses of adjacent properties, Staff believes that the requested rezone to L-O is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The rezone legal description submitted with the application (stamped on April 2, 2008 by Kevin Borah, PLS) shows the property within the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require .some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Prior to rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall incorporate at least the following: Improve and dedicate Leisure Lane from Cherry Lane to the north ,property line consistent with ACRD public street standards, prior to approval of the Certificate of Zoning Compliance for the parking lot expansion. (Note: Street section may be reduced due to limited right-of- way width, as determined by ACHD.) Parking lot lighting shall be shielded so that no direct light shines into adjacent residential properties. The applicant shall submit a lighting plan that has been approved by the Police Department, with the Certificate of Zoning Compliance application for the new parking lot. A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed parking lot expansion after the Rezone ordinance and Development Agreement have been approved by City Council. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached in Meridian Library Parking Lot Expansion RZ PAGE 6 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN ATE OF AUGUST 12, 2008 Exhibit A.2. If a use other than a parking lot is proposed on this property in the future, a modification to the subject Development Agreement shall be required. b. Staff Recommendation: Staff recommends that the subject property be rezoned to L-O per the comments listed in Section 10 and the findings in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on June 5, and July 3, 2008. At the public hearing on July 3, 2008, they moved to recommend approval of the subiect RZ request. ~g eridian City Council heard thic item on A ~u ict 12= 2(lOR_ At the nnhli hParina_ the ouncil approved the subiect R7.xeauect 11. EXHIBITS A. Drawings/Map 1. Vicinity/Zoning Map 2. REVISED Conceptual Site Plan 3. Existing Library Site Plan B. Agency Comments C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Meridian Library Parking Lot Expansion RZ PAGE 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 A. Drawings/Map 1. Vicinity/Zoning Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF JiJNE 5, 2008 2. REVISED Conceptual Site Plan F MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF .IiJNE 5, 2008 CITY O 3. Existing Library Site Plan ~'---~--~--~---rT; ! ' - T' ' ~ i~~ ! j i i ' ! I~ ~! ~ i l~~ i l ~ j, i! i i~~! i~ i l i : ~. i~ .. d':~ .. _ y . i it _ _ _.._-~ , ~ i~l ~ ~'i i!I l~ 1. ly ~ !' ~ ' IXBNO FMAIfEB fOF I f yi IE%41109iNf.f uenam L Y ~;~ I.Y 1 ill is.~ , .• ~ i°~ i; ~y y l it L:~',i ~.~ ii I Iii - -- -~ .-.i_ ~s~' ' ~ - :i~ i I !i _ I!I y ! I~ ~ ~ i! o.~6i i ~ ' ! ; ~ i4---i--~ ~ ~:_ _ .-- -- --._lj i ~r~ I I~! i !, !~~f>~} I I! ~ I y i ~ i~ i.l I icy ~yii;~l~i!il~iiii~i!I ; { ~ .t it ~ ~- _._ _ ~ _._~.-r_=- I i .jam `~~, _,'-'~--. y :' . • -.. -R ` ~..~.~.._~r -- -~ s--~ i- J !_~ y ~' 41 -._._ ! ~~. ~~: ~ I I ,r !~. !.! i, ! ~ it ~~ ..~. a,~:• ~ Site , II ~ °it ~, it ' ~ ^~,.,,,, _ M 'i I !i - ~ -- n ~ ,,.._ _ _ _.- --- ~ -- -~ - - i I ~ANpBCAPE PLAN CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JUNE 5, 2008 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The rezone legal description submitted with the application (stamped on April 2, 2008 by Kevin Borah, PLS) shows the property within the existing corporate boundary of the City of Meridian. 1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: . No access is allowed to/from the site via Leisure Lane and no street improvements are required to Leisure. lane. b. Parking lot lighting shall be shielded so that no direct light shines into adjacent residential properties. The applicant shall submit a lighting plan that has been approved by the Police Department, with the Certificate of Zoning Compliance application for the new parking lot. c. A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed parking lot expansion after the Rezone ordinance and Development Agreement have been approved by City Council. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached in Exhibit A.2. If a use other than a parking lot is proposed on this property in the future, a modification to the subject Development Agreement shall be required. d. Bollards are reauired to be installed at the entrance to the nathwav into the library site from Leisure Lane. e. The librarv_narking lot shall develop in substantial comnliance with the revised concentual .site plan attached in Exhibit A.2. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Leisure LN. The applicant shall install mains to and through this subdivision ending at the north property line; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shal'1 be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Leisure LN. The applicant shall be responsible to install water mains to and through this development ending at the north property line. Coordinate main size and routing with Public Works. 2.3 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer and water. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN ATE OF JiJNE 5, 2008 2.4 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.5 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 'h" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.4 All entrances/exits on the east and west ends of the proposed parking lot shall have a turning radius of 28' inside and 48' outside radius when turning both north and south directions. 4. POLICE DEPARTMENT 4.1 Parking lot lighting needs to be shielded so that no direct light shines into adjacent residential properties to the north and south. The applicant shall submit a lighting plan that has been approved by the Police Department with the Certificate of Zoning Compliance application for the new parking lot. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. PLANNING D• TMENT STAFF REPORT FOR THE HEARIN~ TE OF NNE 5, 2008 CITY OF MERIDIAN C. Legal Description & Exhibit Map 'EXHIBt.T A. Legal pescript±4n-for Re»Zone .A parcel of and located; in th®SE 114'SW 114:of Sectbti" 1, Township 3~ Noith,'Range 1 UVtasf, Boise Mendl'an, Adz. Gouhty„ Idaho, tieing more partl'cularry descrbed' as follows.: COMRfiEHCIN,G at 1fie souttwest;ogihet of sold _SE 1!R S1N"11~t af. Section i (VII 1/i6 Gorrler) of said S@cUgn 7, "being mdnur"rierrteil;by a~fqund 618e.cebar Thence South 89°34'28" East, concideritwitfi the•soutbeijy Itr1e•of~said SE 1J4 SW 11'4 of Section 1'", aidista"ntye of 2:!.3:00 fee~• Thettee Noct~ 00°x2'18" Easf,' parallel with the westerly {inr~ of said:SE 114 S. VV l14 bi;Sectioh 1,_,a. tlistanco Qfi40.00 feed f4 the; t'b1tJT'OF' BEGtNNMG; !`hence contlnuirig North O.U°02 i 8" East, parallel with: the wesEerly line of said 5E 'i14, SW 1'/4 Gf .S,ecGon 1, a:dlstarrEe of 'l60::0D fit; Ttence:North 89°3.4.''28'•° West, :paratlei;witN the 5outtierty Ilne~ofsaid°SE 'I/9 SVU'114,of'Section 1!, a; distance: of.1 Q5.00 feed Thence Plorlh 00°R2."18" East, :parallel +n!Ifh, the wes#eriy line of said S;E 1l4 SW 114 of~ Seetlon 1', a i)sfanca~fi 100.00>feet;' Thence South 89°34'28" East, parallel wi~fii the souihertj! tine of.safd S~ 114 ,SW 1Y4 of'Secfion~l, a•distarice of 9S,UO feel; T,hehce North 00.02'18"East,. parallel with ih_e.westetlyiine of-said. SE 1%4•SW 11'4 ot:Section'1,.a dlstant~ of 30.0© feet;. TfienceSou'tti.89`34'28" Fast, parallel wlih tlta southerly tine of said SE 1I4 S-N 114 0~ Section 7, a isiaace of 60:02 faet;. Ttienoe South 0~°Qt3 37"Wast,. patal[el >»iith the easy line~of-the W.,314 W 9.125 '1/4'S1N 11'4' of sald~ Section 1, a distahce of 290;00 feet; Thence-North 88°34'28":West, parallel nth the"southefiy.line of. said 5E 114 SW 7/4 of Seetion 1, a distance~of~49:49feet fo thePO1N'~'OE 13EGIF1fJWG", `fhe aEaa; des~ifjed above captains 0:5f9 acres;. mare orless `Bans"of tieaiirigs."ts Gtld tdoitli; ~18aho State Ptai•~e Coordinate System,'INest Zone: t~~`. ~~,j~g. 'R&rJl _ " YAK APR 7 3 -2008 ,wsi~laiaN Pu6ktc., CITY OF MERIDIAN PLANNING D• TMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 ~~H.£B~I~' SK..~~'~'H ~~'OR' :~E w BONE' A PARCEL a~• r~_ +iD ~oC~1~TE~ ~iN ~T s~- ~/~ Shy .1%4- 0~ :SECTION ~,; T. 3 N,; 1Z S >r9;, BOISL' R1`D,IAIV, AD:A C'~UN7'2' ]DAI3O. 2048 ~, IVOO 02'?8"E $89,`34'2 36 Oa'' ~~ 6.0:02' S89 ~~'28"E` ~5; QO' . N07' T'0' KCAL, 'oc 'o; :N Q• O ,O o z l' ~~ -E2EV _ROYA~ BY -APR 2' 3' Zapg MERIDIAN-PUBLIC WORKS pEP7: Faz 208-3.42=5353 ~o o. ~!. ,~ ... ~~N ~? 0 eo z .POI:NT 'OF B~G»7~TG G] Q' N ~. ~, ,Q. o. a F,OilND• 5/$° REBAR VAl~f iy o• ItZEr1BIF CAP' ~ I , 5893428°E 213:00' .z ~~ C~RR:Y Lr;tltii`E _ PO~T_NT ' OF .. •COi~3MElVGEM~N'T CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ATE OF JUNE 5, 2008 D. Required Findings from Unified Development Code 1. Rezone Findings: lJpon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone-all of the subject property to L-O. If the applicant complies with the DA provisions, the City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed use of the property for a parking lot expansion for the Meridian Library is consistent with the requested L-0 zoning district and future land use map designation of Office for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within.the City including, but not limited to, school districts; and, If the applicant complies with the DA provisions, the City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (L7DC 11-SB-3.E). The City Council finds that the rezone of this property to L-O would be in the best interest of the City. August 22, 2008 VAR 08-006 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT Sylvia Maxwell ITEM NO.. Jr-C REQUEST Findings for Approval -- Request for a Variance to UDC Table 11-2A-5, which requires a 15 foot rear yard building setback; and UDC 1 1-3A-7C, which limits fencing to 6 feet in height in the R-4 district for Maxwell Patio 8~ Arbors AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings ~~~ Contacted: s' ~ ~(,l,X ~ Date: g- Z~ ~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • . CITY OF MERIDIAN (E IDIAN~- FINDINGS OF FACT, CONCLUSIONS OF LAW AND IDAHO DECISION & ORDER In the matter of request for a Variance to UDC Table 11-2A-5, which requires a 15-foot rear yard building setback; and UDC 11-3A-7C, which limits fencing to 6 feet in height in the R-4 district, by Sylvia Maxwell. Case No(s). VAR-08-006 For the City Council Hearing Date of: August 12, 2008 (Findings on the August 26, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) - 3. Application and Property Facts (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-08-006 -1- • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the attached Staff Report. for the hearing date of August 12, 2008, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing' Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's request for a Variance is hereby approved. D. Attached: Staff Report for the hearing date of August 12, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-08-006 -2- • B action of the Cit Council at its re lar meetin held on the da of Y Y ~ ~ Y 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED~~ COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED ._ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~~ ~~~~~ \\`\,`Ma~~R~~~T~~r~~ /, e Weerd Attest: .~`~~~'~ OF M~O~-9,j,''. Jaycee ~lman, City Clerk Copy served upon Applicant, Attorney. ~,~ o a AL i 9 ,~~ `' %~~~.9Q_~P 13.E • aP~Q``~. ~. The I~1'~y~~~nt, Public Works Department and City i By: ~~1 ~ /~l~- Dated: 'J' 2g' City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ,AND DECISION & ORDER CASE NO(S). VAR-08-006 -3- CITY OF MERmIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HEA~ DATE OF AUGUST 12, 2008 STAFF REPORT Hearing Date: August 12, 2008 TO: Mayor and City Council ~ IDI e ~T~, FROM: Sonya Wafters, Associate City Planner I D A H O (208) 884-5533 SUBJECT: Maxwell • VAR-08-006 Request for a variance to UDC Table 11-2A-5, which requires a 15-foot rear yard building setback; and UDC 11-3A-7C, which limits fencing to 6 feet in height in the R-4 district, by Sylvia Maxwell 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sylvia Maxwell, is requesting a variance to UDC Table 11-2A-5, which requires a 15- foot rear yard building setback; and UDC 11-3A-7C, which limits fencing to 6 feet in height in the R- 4 district. The applicant is proposing a rear setback of approximately 1 foot for an existing patio cover and a fence (arbor) height of approximately 10 feet in two areas near the rear property line. The applicant is requesting a variance from the aforementioned UDC standards to allow the existing enclosed patio structure and fences (arbors) to remain in their current locations. The applicant's justification for the requested variances is outlined below in Section 4. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application (VAR-08-006) for the reasons listed herein. Stafffinds that the application meets all of the findings required in the UDC for the City Council to grant a variance (see Exhibit D for required findings). ~, ummarv oI laity ' ouncll YLbli Hparina: 1. In favor: Joe Ad rianv (Annlicant's Renre entaNveJ: 1L In onnosition: N one iil. _Commentinp_: D eborah Silva 11. Written testimo ny Caralee acev y. taff presenting application: Anna .annin yi. Other staff com menting on application• None 1L ev Issues of Discus ion by ounc'1• 1. Topography of t h~subiect property in relation to the adjacent nronerty at the rear 1. Key Council Cha ~. 3. PROPOSED MOTION LYone Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR-08- 006, as presented in the staff report for the hearing date of August 12, 2008. (Please state how the subject fmdings are met) Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR-08-006 Maxwell Patio Arbors VAR-08-003 PAGE 1 CITY OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HEA~ DATE OF AUGUST 12, 2008 as presented during the hearing on August 12, 2008 for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR- 08-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1065 E. Peacock Street (Lot 22, Block 7, Sportsman's Point Subdivision No. 2) Located in the northeast 1/a of Section 19, Township 3 North, Range 1 East b. Owner: Sylvia Maxwell 1065 E. Peacock Street Meridian, ID 83642 c. Applicant: Same as Owner d. Representative: Sylvia Maxwell (Owner/Applicant) e. Present Zoning: R-4 (Medium Low-Density Residential District) £ Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting a variance to UDC Table 11-2A- 5, which requires a 15-foot rear yard building setback; and UDC 11-3A-7C, which limits fencing to 6 feet in height in the R-4 district. The applicant is proposing a rear setback of approximately 1 foot for a patio cover and a fence (arbor) height of approximately 10'4" in two areas along the rear property line. h. Applicant's Statement/Justification: "Due to neighbor putting a second story addition on his home and extending his 2°d story deck, I put in 2 plant arbors, 9' x 18', to create a privacy screening between my home and his new construction. My patio has been up since 2004." See Applicant's narrative for more information. 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA- 1), apublic hearing is required before the City Council on this matter. b_ Newspaper notifications published on: July 21, 2008 and August 4, 2008 c. Radius notices mailed to properties within 300 feet on: July 18, 2008 d. Applicant posted notice on site by: July 30, 2008 5. LAND USE a. Existing Land Use(s): Single-family residential property b. Description of Character of Surrounding Area: This property is surrounded by single-family residential properties in Sportsman's Point Subdivision. . Maxwell Patio Arbors VAR-08-003 PAGE 2 CITY OF MERIDIAN PLANNING A~ONING DEPARTMENT STAFF REPORT FOR HEAL DATE OF AUGUST 12, 2008 c. Adjacent Land Use and Zoning 1. North: Single-farrlily residential, zoned R-4. 2. West: Single-family residential, zoned R-4. 3. South: Single-family residential, zoned R-4. 4. East: Single-family residential, zoned R-4. d. History of Previous Actions: NA 6. AGENCY COMMENTS MEETING No agency comments meeting was held specifically for this Variance application. All affected agencies were informed about this request and given the opportunity to submit comments to the Planning Department to be included in this report. No site specific comments or requirements were provided for the Variance application by other agencies. 7. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: Table 11-2A-5: Dimensional Standards for the R-4 District: R-4 STANDARD REQUIREMENT Rear setback in feet 15 UDC 11-3A-6C.1: The maximum fence height shall not exceed six feet (6'), subject to the provisions set forth in subsections C2 and C3 of this section. (Note: Subsections C2 and C3 are not applicable to the subject VAR request.) 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: VAR: The applicant is requesting a variance to UDC Table 11-2A-5, which requires a 15-foot rear yard building setback; and UDC 11-3A-7C, which limits fencing to 6 feet in height in the R- 4 district. There is an existing patio cover on the site that was constructed in 2004. The posts for the patio cover are set back approximately 1 foot from the rear property line, approximately 14 feet into the required rear yard setback area; the cover does not encroach into the required side yard setbacks (see aerial view of property in Exhibit B). There is also a 5-foot wide public utility, drainage, and irrigation (PUDn easement along the rear property line that the subject patio cover encroaches into. The PUDI easement is depicted on the plat for this property. The structure encroaches approximately 4-feet into the PUDI easement. There are also two arbors that stand approximatelyl0 foot 4 inches tall and are approximately 14 foot 6 inches wide, that were constructed earlier this year. The arbors are located adjacent to the rear property line (see site photos in Exhibit B). These arbors act as a barrier and screen the property. The subject arbors are considered fences according to UDC 11-1A-1 and as such, are limited in height to 6 feet (per UDC 11-3A-7C). The applicant hired a contractor to construct the arbors to create a privacy screening between her property and her neighbor at 1050 E. Puffin Street. The neighbor has constructed a second story over the garage and extended the deck out Maxwell Patio Arbors VAR-08-003 PAGE 3 CITY OF MERIDIAN PLANNING A~ONING DEPARTMENT STAFF REPORT FOR HEA~ DATE OF AUGUST 12, 2008 toward the applicant's property creating a lesser degree of separation than is typical between living areas. The land where the applicant's building pad for the house and rear yard area sit is approximately 2+ feet lower than the land at the rear property line (see photos in Exhibit B). The grade on which the house sits on the adjacent property appears to be quite a bit higher than the applicant's. The neighbor's second story deck appears to encroach significantly within the rear setback area, giving them a bird's eye view into the applicant's property (see photos in Exhibit B). Because of the difference in topography between the two properties and the proximity of the neighbor's deck in relation to the applicant's rear yard, the applicant constructed a patio cover and arbors in hopes of obtaining some privacy. Without the patio cover and arbors, the applicant claims she is unable to sit at her kitchen table inside the house without it being visible from the neighbor's deck. Staff visited the applicant's property on 8/1/08 to verify the setbacks of the patio cover and the height ~of the arbors. Staff found that without the patio cover and arbors, the applicant's rear yard, patio, and even inside the house in the dining area is highly visible to the neighbors due to the lower topography of the site in relation to the adjacent property, which appears to be significantly higher. Staff checked with the Building Department to see if a building permit is required for the patio cover and arbors. Staff found that because the patio cover is attached to the house, a building permit is required..^. Yc.-::~.:...~::ld al~~b° ~~a~~tnc-ass The Building Department stated that a building permit was not issued to that address for the aforementioned structures. The applicant states that she was not aware that a permit had not been obtained because she hired a contractor to do the work. Thus, she didn't realize she was in violation of City ordinances. The applicant states that she did obtain permission from the homeowner's association for the construction of both the patio cover and the arbors. Idaho Code §67-6516: Per Idaho Code §67-6516, "A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest." Per UDC 11-SB-4.E, in order to grant a Variance, the City Council must be able to meet the following fmdings: 1) The variance shall not grant a right or special privilege that is not otherwise allowed in the district: 2) The variance relieves an undue hardship because of characteristics of the site; 3) The variance shall not be detrimental to the public health, safety, and welfare. Staff has reviewed these findings and believes that granting a Variance for the reason requested by the applicant would not grant a right or special privilege to the applicant that is not otherwise allowed in the district. Due to the topography of this particular site being significantly lower than the adjacent property, staff believes the variances are warranted. Further, Staff believes that there is an undue hardship to this property owner due to the lower elevation of her property in relation to her neighbor's property. If the Council should decide to grant the Variance, Staff believes that it would not be detrimental to the public health, safety, and/or welfare. However, the City Council should rely on any testimony provided at the public hearing to determine this fmding. Maxwell Patio Arbors VAR-08-003 PAGE 4 CITY OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HEA~i DATE OF AUGUST l2, 2008 Approval of a Variance by City Council would allow the existing patio cover to remain in its current location within the rear setback and PUDI easement. The arbors would also be allowed to remain at their current height and location. These structures would allow the screening of the subject property from the neighboring property and create some privacy for the subject property owner and relieve an undue hardship because of the topography of the site. Denial would require the patio cover to be relocated or removed. The two arbors would need to be shortened to meet the fencing requirements of 6 feet, or be removed. Note: If the Council approves the Variance and a rear setback encroachment is granted as requested, and a utility provider ever needs to get within their easement, that portion of the structure encroaching into the PUDI easement would need to be removed (by the applicant or at the applicant's expense), and the applicant will need to contact the City of Meridian building department to obtain all necessary permits. If the Council approves the variance, another option would be to require the applicant to seek a vacation of the portion of the PUDI easement that the structure occupies. b. Summary Recommendation: Staff is recommending approval of the subject Variance application (VAR-08-006) for the reasons stated above. Staff finds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit D). The Meridian City Council heard this item nn Anunct 1~. 2nnA et *>tip .»,ht;~ earin~ the CoLnc'1 anoroved he cLbiec V R r a ~ . 9. EXHIBITS A. Vicinity/Zoning Map B. Aerial View of Property C. Site Photos D. Required Findings from UDC (Variance) Maxwell Patio Arbors VAR-OS-003 PAGE 5 CITY OF MERIDIAN PLANNING AND~ING DEPARTMENT STAFF REPORT FOR HEARIN~TE OF AUGUST 12, 2008 Exhibit A: Vicinity/Zoning Map Exhibit A -Page 1 CITY OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HEA~ DATE OF AUGUST l2, 2008 Exhibit B: Aerial View of Property ,.,. _ i. `-~ a ~-(~ r, L - _ ~ f. ~~. ~ i y r ~~ t - ~ .,. -~ la _ _ ~ . ~~ ~ J ~ ~ i a`~~F i ~ _ ,, . `"}`~ .,u ~. E VE(tCOCK ST 4~ - . _ ~ ~T' ~ e o ~ Patio Cover ~~ ' o a a ter ~ !9 4 Y ! (7 t +:L ,~yc ~,,_ ~~ °` v~ ~ ~' Arbors - ~ `~ '~ ~ /. ~ ~ ,~ ~ ~ iii ~ ~ ~. n . _ ° ~ ssslll n -_.. _~ . ~~~~ _ ,-. k ~ f Exhibit B -Page I CITY OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HEA~i DATE OF AUGUST 12, 2008 Exhibit C: Site Photos Patio Cover `'~° ~~'~ ° ~.. ~ , a o ` ~~., - is ( _ - ~ a ~. a ~ J ~ ~ ' F -~ ~~ a ~ ~ ~ ' , ~ , . 3 o ~ ~ ~ r ~ y ..j N VW.' l ~ +n ~ WUi If .~ J ~ ~ t'~`~~'3 ~ _q G ew-_9tD~ 6C '~y y /tr!L\l\\~\Y'~1` ©~ ~7 1 -//fi~gg~ ~1: IE '~'. N o . i °o t ~~~ ~ ~~ Exhibit C -Page 1 CITY OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HEA~"DATE OF AUGUST 12, 2008 -_ - i ^ .~c~~ _., c ~-_r~ ~~~~{ ~~ _ _ y. 4 J _ ~ I - - ~ - 1 `I ~ - ~- ~~ ~ ~ i -r"-~ ~ - _ __ ~ ~~ ~---_, ; ~ ~i a~ ~ ~ ~°~ ~ ~ ~ ~ i 'c ~ ~~~~~~~ V ! _- - - ` i ~ SCI 9 o ~Q ~ . . _ - r~ ,, , ~ ~, o- - ~ ~ ~ ~~ J _. 1 --- - 4~n 1 v ' 1 1 I Exhibit C -Page 2 CITY OF MERIDIAN PLANNING A~ZONING DEPARTMENT STAFF REPORT FOR HEA~'DATE OF AUGUST I2, 2008 Exhibit C -Page 3 CITY OF MERIDIAN PLANNING ZONING DEPARTMENT STAFF REPORT FOR HEA~'DATE OF AUGUST 12, 2008 Exhibit D: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Council finds that granting a variance for this site would grant a right or special privilege to the applicant that is not otherwise typically allowed in the district. However, this site has some constraints that make the approval of the subject variance appropriate. B. The variance relieves an undue hardship because of characteristics of the site; Council finds that this site has topography characteristics that make it difficult to construct privacy fencing and covers that meet the UDC standards. C. The variance shall not be detrimental to the public health, safety, and welfare. Because the structures encroach into the rear setback area, but do not extend onto other private property, Council finds that granting the requested variance would not be detrimental to the public health, safety, and/or welfare. Further, because it does not obstruct vision of the public right-of--way, Council does not see a direct safety hazard. However, the structures do encroach into the rear PUDI easement. Public utilities do have a right to access their current of future facilities where the subject structures reside. Exhibit D -Page 1 • August 22, 2008 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. S-D REQUEST Change Order No. 14 with Primeland Development for the North Black Cat Trunk Sewer Poject for $14,365.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: , SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRJGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented dt public meetings shall become property of the City of Meridian. CHANGE ORDER 14 C~ PROJECT: North Black Cat Ttunk Sewer DATE OF ISSUANCE: 7/11/08 OWNER: Primeland Development Co. I I,P CONTRACTOR: Brown Construction, Inc. ENGINEER: JUB Engineers Page 1 of 2 You are directed to make the following changes in the Contract Documents. • Attachments: Billing for change order # 14 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIl1g',S: Original Contract Price Original Contract Times $ 1,717,487.31 Substantial Completion: 168.Davs - Mav 1.2008 f i or F Ready nal Payment: 213 Davs -June 15.2008 , days or dates Net Changes from previous Change Orders No. 1 to No. 13 Net Changes from previous Change Orders No. 1 to No. 1 $ 87854 00 ~ . nays Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 168 Days - May 1.2008 $ 1,80$.341.31 Ready for Final Payment: _ 213 Davs -June IS. 2008 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 14 368 58 ~ . . _ days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: Davs - 168 May 1.2008 $ 1 819 709.89 Ready for final payment: Davs - 213 .June 15.2008 days or dates RECOMMENDED BY OWNER: ACCEPTED BY C CTOR: By: Date: 7/11/08 Date: 7/11108 ~~""'"'~~ ~~`~ ~ C~ •~ •~ APPROVED BY OWNER: ~```` Attest: Tammy eerd, Mayor ~i ,City C] g'tf~ ~ Date: ~'O~Q ' mod" Date: ~~~ Date: '~~tn i~ttt~ Approved by City Council: ~'Z~ ~~ EFFECTIVE DATE: • • ~ • ''~ ~ ~ • ~t-~ To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen, Engineering Technician CC: Clint Dolsby, P.E., Acting Ciiy Engineer Date: 8/15/2008 Re: Proposed Agenda Item for August 26, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 26, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order 14 with Primeland Development for the North Black Cat Trunk Sewer groiect Attached is Change Order 14 for the North Black Cat Trunk Sewer with Primeland Development. The value is for additional time and materials required to complete the project construction. The value of this change order is $14,365.58 and is less than 1 % of the original contract price. - Recommended Council Action: The Public Works Department recommends that City Council approves and signs Change Order 14 with Primeland Development. Thank you far your consideration. Please contact me if you have any questions. • Page 1 • • CHANGE ORDER 14 PROJECT: North Black Cat Trunk Sewer DATE OF ISSUANCE: 7/11/08 EFFECTIVE DATE: OWNER: Primeland Development Co. LLP CONTRACTOR: Btown Construction, Inc. ENGINEER JUB Engineers Page 1 of 2 You are directed to make the following changes in the Contract Documents. • Attachments: Billing for change order # 14 CHANGE. IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times $ 1,717,487.31 Substantial Completion: lb8 Davs - Mav 1,.2008 Ready for Final Payment: 2.13 Davs -June 15.2008 ' days or dates Net Changes from previous Change Orders No. ~ to No. 13 Net Changes from previous Change Orders No. l to No. t $ 87854 00 0 . Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: Ib8 Days - May 1, 2008 $ 1,805,341.31 Ready for Final Payment:: _213 Days -June .15.2008 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 14 368 58 0 , . days Contract Price with all approved Change orders Contract Times with all approved Change Orders Substantial Completion: Days - 168 May 1.2008 $ 1,819,709.89 Ready for final payment: Davs - 2l3 June 15.2008 days or dates RECOMMENDED BY OWNER: ACCEPTED BY C ACTOR: .-' . ~ By: Date: 7/ 1 I /08 APPROVED BY OWNER: Date: °~l,s/v E' Date: Date: Z/11/08 Attest: Tammy de Weerd, Mayor ~ill~~a, City Clerk -.~a"1~ ~e+~ Date: Approved by City Council: T? i"oltfit Cy o~s~~r~c~io~ :~ Hc. ,;t .....__._~._..______..._._._.__.._. ~_ PRIIvIELAND DEVELOPMENT 3120 W. BELLTOWER DR SUITE 100 MERIDIAN, IDAHO 83646 688_1 Bennett Rd. - ~ne (208) 465-0274 - ID 83686 Invoice DATE INVOICE NO. 6/30/2008 08-937 TERMS PROJECT 301 -NORTH BLACK CAT TRK SEWER ITEM OTY DESCRIPTION RATE AMOUNT CHANGE ORDER ADDITIONAL FOOTAGE OVER BID PRICE: 1 165 TYPE 3 RESTORATION 40.00 6 600.00 1 208 ASPHALT APPROACH REPAIR 11.76 , 2,446.08 "SUBTOTAL" 9,046.08 CHANGE ORDER THIS IS PEE THAT WENT INTO THE BORE CROSSING: 1 120 24" PIPE 23.50 2 820.00 I 130 21"PIPE 19.25 , 2,502.50 "SUBTOTAL" 5,322.50 T0~ ~ $14,368.58 • August 22, 2008 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. 5-E REQUEST Joint Funding Agreement for US Geological Survey for $6,800.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: ~~'v' CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • RESOLUTION 20214 BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (PUBLIC WORKS DEPARTMENT), THE CITY OF MERIDIAN, THE CITY OF NAMPA AN'D THE CITY OF CALDWELL FOR JOINT FUNDING OF A USGS CONTRACT FOR CONTINUOUS WATR QUALITY MONITORING OF THE SNAKE AND BOISE RIVERS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Agreement by and between the City of Boise City, the City of Meridian, the City of Nampa and the City of Caldwell, a copy of said Agreement marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Agreement for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise City, Idaho this 19th day of August ,244$. APPROVED by the Mayor of the City of Boise City, this 19th day of August , 2008. ATTEST: APPROVED: v `~~{„~ • CI LERK- .Totm E. Faw MAYOR - Davi Bieter I:U.egal\Legal Divisions\Enterprise Div\Resos 2008\USGS joint funding for cities Reso.doc R-305-08 • CITY OF BOISE To: Mayor and Council • FROM: Robbin W. Finch, Boise City Public Works Department RESOLUTION NUMBER: R-305-08 DATE: August 1, 2008 SUBJECT: U.S. Geological Survey Joint Funding Agreement .to Operate Continuous Water Quality Monitors in the Lower Boise and Snake Rivers, Idaho; and Water Quality Monitoring Memorandum of Understanding Municipal Cost Share for FY2008 ACTION REQUIRED: Review of (1) a Joint Funding Agreement with the U. S. Geological Survey and (2) a Water Quality Monitoring Memorandum of Understanding Cost Share with the Cities of Meridian, Nampa, & Caldwell for FY2008. RECOMMENDATION: Approval of both the Joint Funding Agreement with the U. S. Geological Survey for the proposal to operate continuous water quality monitors in the lower Boise River and Snake Rivers, Idaho and the Water Quality Monitoring Memorandum of Understanding Cost Share for FY2008. FISCAL. IMPACTBUDGET IMPLICATIONS: These agreements implement the first of at least six years of the plan, beginning in 2008 and continuing through 2013. Total costs for the first year is $158,476 (USGS match of $74,476; local costs of $84,000). In subsequent years, total costs will increase to $250- 300,000 per year. USGS matching funds are anticipated to be in the $30,000 to $50,000 range per year. The project is funded by federal (USGS) and local monies with potential participation by state (IDEQ, ISDA), local (small municipalities) and private (IPCo) partners. The City of Boise is coordinating the municipal and non-municipal contributions to minimize transaction costs. The following Municipalities have committed fund the first year of the project (FY2008): Boise ($47,600), Meridian ($6,800), Nampa ($15,900), and Caldwell ($13,800). The proposed Water Quality Monitoring Memorandum of Understanding Cost Share to be signed by these four entities is attached. In future years, we anticipate additional contributions from small municipalities (e.g. Star, Middleton, Parma, Kuna, Avimore...) and others (e.g. IDEQ, Agriculture, Idaho Power). Cost share funding agreements among participating partners are planned for each fiscal year. BACKGROUND: The U.S. Geological Survey (USGS) and Boise River municipalities have been working on a monitoring plan to collect water quality data on the Snake and Boise Rivers. The plan is to operate three continuous water quality monitors for multiple years (10-20) to track improvements in water quality related to TMDL implementation on Lower Boise and Snake Rivers. The project will install and operate continuous water quality monitors on the lower Boise River and on the Snake River above and below Boise River confluence and collect and report water quality data. USGS will generate data reports every other year and more extensive reports every five years to coincide with TMDL review timeframes. ATTACHMENTS: 1. Joint Funding Agreement with the U. S. Geological Survey 2. Water Quality Monitoring Memorandum of Understanding Cost Share with the Cities of Meridian, Nampa, & Caldwell for FY2008 3. USGS Proposal to Operate Continuous Water-Quality Monitoring in the Lower Boise River and Snake River, Idaho • • JOINT FUNDING AGREEMENT OPERATION OF CONTINUOUS WATER QUALITY MONITORS IN THE LOWER BOISE AND SNAKE RIVERS BY 'THE UNITED STATES GEOLOGICAL SURVEY THIS AGREEMENT is entered into by and between the City of Boise ,hereinafter "Boise", City of Meridian, hereinafter "Meridian", City of Caldwell, hereinafter "Caldwell" and the City of Nampa, hereinafter "Nampa" for the purpose of jointly funding the collection of water quality data on the Boise and Snake Rivers by the United States Geological Survey. WHEREAS, Boise, Meridian, Nampa and Caldwell (collectively "the Cities'') are subject to NPDES permits issued by the U.S. EPA which regulate discharges to Waters of the US including the Boise and Snake Rivers; and WHEREAS, the Cities have determined it is their best interests to monitor water quality in the lower Boise and Snake Rivers; and WHEREAS, the United States Geological Survey (USGS) has offered to perform continuous water quality monitoring of the Lower Boise and Snake Rivers on behalf of the Cities subject to cost shazing ;and WHEREAS, for the fiscal year 2008 (ending September 30, 2008) the USGS has agreed to contribute $74,476.00 for water quality monitoring provided the Cities provide $84,000 iri matching funds; and WHEREAS, the USGS will only contract with one of the Cities for the purpose of jointly funding the water quality study for fiscal year 2008; and WHEREAS, Boise has agreed to contract with USGS and be the funding conduit for the Cities to USGS; and WHEREAS, the Cities have determined funding contribution amounts for fiscal year 2008 to utilize USGS for water quality monitoring of the Lower Boise and Snake Rivers; and WHEREAS, the Cities desire to enter into this agreement to formalize the Cities funding and other obligations for the USGS water quality monitoring project NOW, THEREFORE, in consideration of the foregoing premises, it is agreed: 1. Boise will enter into a contract with the United States Geological Survey (USGS) for the purpose - ofjointly funding continuous water quality monitoring of the Lowcr Boise and Snake Rivers. The contract shall be in substantially the form set forth in Exhibit "A", attached hereto, and shall be for the fiscal year ending September 30, 2008. 2. The Cities agree to the following cost sharing amounts for the joint funding of the Cities fiscal year 2008 share (through Boise) of the USGS agreement: • Boise $47,600 Meridian $6,800 Caldwell $13,800 Nampa $15,900 3. Boise shall invoice each of the Cities for their funding share within 30 days of finalizing the USGS agreement. The Cities shall pay their invoiced share to Boise within 30 days of invoice receipt. 4. The Cities agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any money received will be distributed to the Cities for their pro rata share. In the event the USGS terminates the USGS contract resulting in a return of funds the returned funds will be distributed to the Cities for their pro rata share. 5. The term of this agreement from the signature date to September 30, 2008. Any City may withdraw from this agreement by providing notice to the other Cities but shall remain obligated for payment of their share set forth in Section 2. CITY O ' B1': David. 008 Dated Its: Mayor CITY OF MERIDIAN BY: Dated Its: CITY OF NAMPA BY: Dated Its: CITY OF CALDWELL BY: Dated Its: END OF AGREEMENT ~E~ElVED ~~~ SFAL O~ ~ ~~ .F° F /. 1CUU(s * -- ~, * City of Nampa ~u~;~ Woks y ~.; ; 4 `"~,~ , ~`~ ~" PUBLIC WORKS OFFICE (2081468-5420 TY °F CITY HALL 411 THIRD STREET SO. NAMPA, IDAHO 83651 FAX (208) 468-5487 LETTER OF TRANSMITTAL DATE: September 11, 2008 TO: City of Boise ATTN: Johanna M. Bell, P.E. RE: Joint Funding Agreement -USES Collection of Water Quality Data Transmitted herewith is the following: 1 copy Executed Joint Funding Agreement for the Operation of Continuous Water Quality Monitors in the Lower Boise and Snake Rivers by the United States Geological Survey (ljthe enclosures are not adached, please notes us) ..Being sent for your information ^ Please set time when we may discuss ^ For your review and comment Please take action indicated Comments: Upon the final execution of all Cities regarding this agreement, please provide this office with copies of all signatures for our records. Also, please send the invoice for the City of Nampa's share of cost regarding this matter to: Jaimie Hiskey Budget Technician City of Nampa Public Works Department 411 Third Street South Nampa, ID 83651 Your assistance is appreciated, Johanna. If you have any questions, please don't hesitate to call me at -5420. herd Murray Executive Assistant • • JOINT FUNDING AGREEMENT OPERATION OF CONTINUOUS WATER QUALITY MONITORS IN THE LOWER BOISE AND SNAKE RIVERS BY THE UNITED STATES GEOLOGICAL SURVEY THIS AGREEMENT is entered into by and between the City of Boise, hereinafter "Boise", City of Meridian, hereinafter "Meridian", City of Caldwell, hereinafter "Caldwell" and the City of Nampa, hereinafter "Nampa" for the purpose of jointly funding the collection of water quality data on the Boise and Snake Rivers by the United States Geological Survey. WHEREAS, Boise, Meridian, Nampa and Caldwell (collectively "the Cities") are subject to NPDES permits issued by the U.S. EPA which regulate discharges to Waters of the US including the Boise and Snake Rivers; and WHEREAS, the Cities have determined it is their best interests to monitor water quality in the lower Boise and Snake Rivers; and WHEREAS, the United States Geological Survey {USGS) has offered to perform continuous water quality monitoring of the Lower Boise and Snake Rivers on behalf of the Cities subject to cost sharing ;and WHEREAS, for the fiscal yeaz 2008 (ending September 30, 2008) the USES has agreed io contribute $74,476.00 for water quality monitoring provided the Cities provide $84,000 in matching funds; and WHEREAS, the USGS v-rill only contract with one of the Cities for the purpose of jointly funding the water quality study for fiscal year 2008; and WHEREAS, Boise has agreed to contract with USGS and be the funding conduit for the Cities to USGS; and WHEREAS, the Cities have determined funding contribution amounts for fiscal year 2008 to utilize USGS for water quality monitoring of the Lower Boise and Snake Rivers; and WHEREAS, the Cities desire to enter into this agreement to formalize the Cities funding and other obligations for the USGS water quality monitoring project NOW, THEREFORE, in consideration of the foregoing premises, it is agreed: 1. Boise will enter into a contract with the United States Geological Survey (USGS) for the purpose of jointly funding continuous water quality monitoring of the Lower Boise and Snake Rivers. The contract shall, be in substantially the form set forth in Exhibit "A", attached hereto, and shall be for the fiscal year ending September 30, 2008. 2. The Cities agree to the following cost sharing amounts for the joint funding of the Cities fiscal year 2008 share (through Boise) of the USGS agreement: L•\Public WorkslExecuuvc AssistentlShenlCOMRACTSIUSGS -Joint Funding Agreement - MOll,doc 09l0?108 • • Boise $47,600 Meridian $6,800 Caldwell $13,800 Nampa $15,900 3. Boise shall invoice each of the Cities for their funding share within 30 days of finalizing the USGS agreement. The Cities shall pay their invoiced share to Boise within 30 days of invoice receipt. 4. The Cities agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any more received will be distributed to the Cities for their pro rata share. In the event the USGS terminates the USGS contract resulting in a return of funds the returned funds will be distributed to the Cities for their pro rata share. 5. The term of this agreement from the signature date to September 30, 2008. Any City may withdraw from this agreement by providing notice to the other Cities but shall remain obligated for payment of their share set forth in Section 2. CITY OF BOISE BY: Its: Dated CITY OF MERIDIAN BY: Its: Dated CITY OF NAMPA BY `'e'~`--~ Dated Its: CITY OF CALDWELL BY: Its: Dated END OF AGREEMENT I:\Public Works\Exeeutive AssistantlSheri\CONTRAC'rS\USGS -Joint Funding Agreement - MOU.doc 09/0?JOB • August 8, 2008 Mr. Robin Finch City of Boise Public Works Department PO Box 500 Boise, Idaho 83701-0500 J~~CC~C ~d~ ~ AUG i ~ 2008 nvirnnmental Division Re: U.S. Geological Survey Joint Funding Agreement to Operate Continuous ' Water Quality Monitors in the Lower Boise and Snake Rivers, Idaho; and Water Quality Monitoring Memorandum of ° ~ Understanding Cost Share for FY2008 . • .., a (~, e. a s © ni ' Dear Mr. Finch, ,.e ~Q o . a;q~~ _ :. ~e''A~•-0 The Council of the City of Caldwell, Idaho, on the evening of August 4, 2008 e~ ~~~ authorized the Caldwell Mayor and City Clerk to sign the above mentioned ' ~ ~~~, " agreement. Signed counter-parts of the approved agreement are enclosed for your a° ~ ° ~ ~~ ,,a further processing. a.e v ~ b~~° e,.~~,e.o~~, . Please forward one set of the fully executed documents to the City of Caldwell ' ~~ ~' ` s when complete. .a ~:. ~i ~am5 m. Ys' If you have any questions concerning the action of City Council, please feel free to contact Larry Osgood at 455-4734. ~. Sincerely, ~a ~° _.1~b~.~, wx &f ~: , mfg . Larry oo , P.E. Caldwell City Engineer LO/tf Enclosure 1+7a8ES QwesEa~~ ~+I~IEi~~d= 11ti8 RiT IS AMERICA C{L~ Ha{I • 411 Blaine St. • P.O. Box 1179 • Caldwell, IdoFio 83606 • (Q08} 455 3000 • fflX: {Q08} 455-3003 • www.cityofcoldweLl.com • Boise $47,600 Meridian $6,800 Caldwell $13,800 Nampa $15,900 3. Boise shall invoice each of the Cities for their funding share within 30 days of finalizing the USGS agreement. The Cities shall pay their invoiced share to Boise within 30 days of invoice receipt. 4. The Cities agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any money received will be distributed to the Cities for their pro rata share. In the event the USGS terminates the USG5 contract resulting in a return of funds the returned funds will be distributed to the Cities for their pro rata sharc. 5. The term of this agreement from the signature date to September 30, 2008. Any City may withdraw from this agreement by providing notice to the other Cities but shall remain obligated for payment of their share set forth in Section 2. C1'~fY OF BU1SE BY. Its: CITY OF MERLD'lAN BY: Its: CITY OF NAMPA IiY: Its: CITY CALDWELL BY: Its: Mayor Dated Dated llated Dated ~~ END OF AGREEMENT ~• • ~~ ~~O JOINT FUNDING AGREEMENT ~ SFP ~~ OPERATION OF CONTINUOUS WATER QUALITY MONITORS IN THE 4 O SE?OQ AND SNAKE RIVERS BY THE UNITED STATES GEOLOGICAL SURVEY~~~ks 8 Op n'~nta~ p~~ ~n'~nt THIS AGREEMENT is entered into by and between the City of Boise ,hereinafter "Boise , sion City of Meridian, hereinafter "Meridian", City of Caldwell, hereinafter "Caldwell" and the City of Nampa, hereinafter "Nampa" for the purpose of jointly funding the collection of water quality data on the Boise and Snake Rivers by the United States Geological Survey. WHEREAS, Boise, Meridian, Narnpa and Caldwell (collectively "the Cities") are subject to NPDES permits issued by the U.S. EPA which regulate discharges to Waters of the US including the Boise and Snake Rivers; and WHEREAS, the Cities have determined it is their best interests to monitor water quality in the lower Boise and Snake Rivers; and WHEREAS, the United States Geological Survey (USGS) has offered to perform continuous water quality monitoring of the Lower Boise and Snake Rivers on behalf of the Cities subject to cost sharing ;and WHEREAS, for the fiscal year 2008 {ending September 30, 2008) the USGS has agreed to contribute $74,476.00 for water quality monitoring provided the Cities provide $84,000 in matching funds; and WHEREAS, the USGS will only contract with one of the Cities for the purpose of jointly funding the water quality study for fiscal year 2008; and WHEREAS, Boise has agreed to contract with USGS and be the funding conduit for the Cities to USGS; and WHEREAS, the Cities have determined funding contribution amounts for fiscal year 2008 to utilize USGS for water quality monitoring of the Lower Boise and Snake Rivers; and WHEREAS, the Cities desire to enter into this agreement to formalize the Cities funding and other obligations for the USGS water quality monitoring project NOW, THEREFORE, in consideration of the foregoing premises, it is agreed: 1. Boise will enter into a contract with the United States Geological Survey (USGS) for the purpose of jointly funding continuous water quality monitoring of the Lower Boise and Snake Rivers. The contract shall be in substantially the form set forth in Exhibit "A", attached hereto, and shall be for the fiscal year ending September 30, 2008. 2. The Cities agree to the following cost sharing amounts for the joint funding of the Cities fiscal year 2008 share (through Boise) of the USGS agreement: • • Boise $47,600 Meridian $6,800 Caldwell $13,800 Nampa $15,900 3. Boise shall invoice each of the Cities for their funding share within 30 days of finalizing the USGS agreement. The Cities shall pay their invoiced share to Boise within 30 days of invoice receipt. 4. The Cities agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any money received will be distributed to the Cities for their pro rata share. In the event the USGS terminates the USGS contract resulting in a return of funds the returned funds will be distributed to the Cities for their pro rata share. 5. The term of this agreement from the signature date to September 30, 2008. Any City may withdraw from this agreement by providing notice to the other Cities but shall remain obligated for payment of their share set forth in Section 2. CITY OF BOISE BY: Its: CITY OF MERIDIAN BY: Its: CITY OF NANIPA BY: Its: CITY OF CALDWELL BY: Its: Dated Dated O " p~~' ~ Dated Dated END OF AGREEMENT • • JOINT FUND[NG AGREEMENT OPERATION OF CONTIN[JOUS WATER QUAI.~ITY MONITORS IN'1'HE LOWER BOISE AND SNAKE RIVERS BY THE UNITED STATES GEOLOGICAL SiJRVEY THIS AGREEMENT is entered into by and between the City of Boise ,hereinafter '`Boise", City of Meridian, hereinafter "Meridian", City of Caldwell, hereinafter "Caldwell'' and the City of Nampa, hereinafter "Nampa'' for the purpose of jointly funding the collection of water quality data on the Boise and Snake Rivers by the United States Geological Survey. WHEREAS, Boise, Meridian, Nampa and Caldwell (collectively "the Cities") are subject to NPDES permits issued by the U.S. F,PA which regulate discharges to Waters of the iJS including the Boise and Snake Rivers: and WHEREAS, the Cities have determined it is their best interests to monitor water quality in the lower Boise and Snake Rivers; and WI{EREAS, the United States Geological Survey (USES) has ofTered to perform continuous water quality monitoring of the Lower Boise and Snake Rivers on behalf of the Cities subject to cost sharing ;and WHEREAS, for the fiscal year 2008 (ending September 30, 2008} the USGS has agreed to contribute $74,476.OU for water quality monitoring provided the Cities provide $84,000 in matching funds; and WHEREAS, the iJSGS will only contract with one of the Cities for the purpose of jointly fisndi;ng the water quality study for fiscal year 2408; and WHEREAS, Boise has agreed to contract with USES and be the funding conduit for the Cities to USGS: and WH1/REAS, the Cities have determined funding contribution amounts for fiscal year 2008 to utilize USGS for water quality monitoring of the Lower Boise and Snake Rivers; and WHEREAS, the Cities desire to enter into this agreement to formalize the Cities funding and other obligations for the USGS water quality monitoring project NOW, THEREFORE, in consideration of the foregoing premises, it is agreed: 1. Boise will enter into a contract with the United States Geological Survey (USGS) for the purpose of jointly funding continuous water quality monitoring of the Lower Boise and Snake Rivers. "The contract shall be in substantially the form set ic~rth in Exhibit "A", attached hereto. and shall be for the fiscal year ending September 30, 2008. 2. 'The Cities agree to the following cost sharing amounts for the joint funding of the Cities f fiscal year 2008 share (through Boise) of the USGS agreement: `~gNT Op. Ty Q ~. F ~P ~~ 3 o b ~4RCN 3'`ss United States Department oI the Interior U.S. Gl=OLE.~GIt:AI. SURVEY' II7AH0 WATER SCIENCE CENTER 230 Collins Road :Boise. Idaho $3702-3520 June 27> 2008 ~!lr. Robbi:n Finch City oCwise Public Works Ueparement I'.O.:Box 500 I3oise.:Idaho 8370'1.-0500 Dear fir. Finch: Enclosed are two documents. The ftcst is entitled "A Proposal to Operate Continuous Water-Quality Vlanitors in the Lotver Boise and Snake Rivers, Idaho". This document provides technical and funding details Car a. proposed project. that. would provide continuous water-quality moniroring at. three sites -one an the L,awer :Boise and two on the Snake River, one above and one below the cattfluence with the Boise River. The proposal describes the monitoring approach that would be used and the associated casts beginning in 200$ and continuing through 201.3. As outlined in table 2 of the proposal the costs for first year. ot~ the project are ~ l 58,476. Thy LJ:S. Geological Survey (USG5.} is prepared to contribute $74,476 towards the FY 2008 costs as outlited in the second enclosed document 4vhich is a Joint Funding Agreement (JFA). In subscyuent years the C1SGS matching funds coneributort will be at least 530,000 with the passibility of being as much as SSO,U00 depending upon availability. if this proposal meets with your approval please obtain appropriate signatures nn both copies oC the agreement, retain one for your files, and return the other to us. Work performed with funds from this agreement will be conducted on a fixed-price basis. The results oC all work under this agreement will be available for publication by the U.S. Geological Survey. Questions canaerning this proposal should be addressed to Mark I-iardy at (208} 387-1.352 or m.hard;~@usgs.gov. Si_ncerel Kathy I}. Peter, P.E. Dit~ctor. 1Vt~SC .Enclosures Cap}~ to; Greg Clark, L1SGS, k3aise Mark Hardy, USGS, Boise Steve Lipscomb. USGS, I3oise_ Sally Thornpsan, USCiS, Boise • A Proposal to Operate Conrinuous Water-Quality Monitors in the Lower Boise and Snake Rivers, Idaho BACKGROUND The USEPA approved Total Maximum Daily Load for Snake River/Hells Canyon reach (SR-HC TMDL) recognizes excess phytoplankton production in the Hells Canyon reservoirs. To protect the designated beneficial uses in the reach, maximum-seasonal-average and maximum chlorophyll-a concentrations have been set at 14 mg/L and 30 mg/L, respectively. To attain these conditions, maximum total-phosphorus (TP) concentration at the mouth of the Boise River have been set at 0.07 mg/L; significantly lower than past monitored and modeled TP concentrations. The relations between chlorophyll-a concentrations and phosphorus concentrations in the SR-HC TMDL reach are unknown. Also unlrnown are the effects of nitrogen concentrations on algal production; effects of the algal communities on other key water-quality properties related to beneficial uses such as water clarity (turbidity), pH, and dissolved-oxygen content; and the significance of Boise River contributions of TP, total nitrogen (TN), and chlorophyll-a to the loads transported by the Snake River into Brownlee Reservoir. Finally, limited work using automatic samplers suggests that TP concentrations in the Boise River may change significantly and more rapidly than monthly monitoring frequencies were able to show. To determine if concentrations of chlorophyll-a and TP are truly improving or meeting established targets, and to address the unknown information and data variability issues discussed above, intensive monitoring in the Boise and Snake Rivers is necessary. To make such monitoring cost effective, use of automated methods is desirable. OBJECTIVES The objectives of this project are to: Install and operate continuous water-quality (WQ) monitors on the lower Boise River and on the Snake River above and below Boise River confluence, Evaluate how well data from continuous WQ monitors (particularly chlorophyll-a) represent conditions in the cross sections of the Rivers, Evaluate relations between concentrations of chlorophyll-a and those of phosphorus and nitrogen species, Evaluate the relative importance of Boise River TP and TN loads to the Snake River loads, Estimate TP, TN, and chlorophyll-a loads to Brownlee Reservoir, Operate an automatic sampler to determine the short-term variations in TP and TN concentrations in the Boise River neaz Parma. • •. APPROACH Four commercial multipazameter water-quality monitors will be purchased capable of continuous monitoring of temperature, pH, dissolved oxygen, conductance, turbidity, and chlorophyll-a. Three of the instruments will be installed at the Boise River near Parma, ID; the Snake River near Nyssa, OR (about 9 miles below the confluence with the Boise River); and the Snake River neaz Adrian, OR (about 7 miles above the confluence with the Boise River). The fourth instrument will be used when servicing the installations to collect comparative data for evaluating installation fouling and for making necessary corrections to the data record. This instrument will also be a backup if an installation completely fails. A refrigerated automatic sampler will be reactivated at the Boise River near Parma, ID. Sampling frequency of the multiparameter instruments will be 15-minute intervals. Although this relatively high frequency will probably be more than necessary to capture significant stream processes, it may provide necessary information for interpreting and correcting the data record as well as verifying data trends that occur over diel cycles. Water samples for laboratory analyses of chlorophyll-a, orthophosphate, TP, ammonia, nitrite-plus-nitrate, and TN will be collected during most site visits. Chlorophyll-a analyses will be performed by the US Bureau of Reclamation laboratory in Boise, ID; nutrient analyses will be performed by the USGS National Water Quality Laboratory. Unless data collection needs to cover certain hydrologic events, the automatic sampler will be set to collect samples at 49-hour intervals to ensure that samples are not collected at the same time each day and that both daylight and dark periods are included. Because nutrient species are not expected to be stable in samples held in an automatic sampler, these samples will be analyzed only for TN and TP by the USGS National Water Quality Laboratory. Continuous stream-discharge information will be available from gages near the Nyssa and Parma sites. However, lack of a gage at Adrian will require that instantaneous discharge measurements aze made during site visits when full cross-section samples are collected. Significant amounts of quality-control data need to be collected to determine how well instrument- installation and auto-sampler locations represent the entire river cross sections, and the impacts of installation fouling on accuracy of the data. To minimize data compromised by fouling, servicing intervals will vary from weekly during high algal-productivity periods to monthly during low- productivity periods. Quality-control samples and measurements will include comparisons of multipazameter-instrument readings using an independent instrument next to the installation, pre- and post leaning measurements and samples, grab samples at the instrument installation and automatic- sampler-intake locations, and replicate samples. Table 1 shows a generalized schedule anticipated for service on installations and collection of samples. • ...,. __ __~..._,_._.__,...~..~.~_W...._...-_.-__.,.,..__...._..,.._._ ..__._..._..._ __..,..~...._,_.__..~.,..---_._,.__., ~ ~.._....~........, . _......__. .__..._ ._..~ ;TABLE 1--Generalized tasks and frequencies for service and sample,collection ....,..._....._. ..........................._..............-.......,_.._.._..-...........,. ..._.-..........,.. T TASK Octoberthrough May June July through September Continuous-monitor service Monthly Biweekly Weekly Multiparameter cross sections Monthly Biweekly Biweekly Grab samples (chlorophyll) Monthly Biweekly Weekly EWI samples (chloroph II & nutrients) Monthly Biweekly Weekly Discharge measurements (Adrian only) Monthly Biweekly Weekly Parma auotmatic-sampler service Monthly Biweekly Weekly PRODUCTS Measurements of temperature, pH, dissolved oxygen, conductance, turbidity, and chlorophyll-a will be recorded at 15-minute intervals. This data will be available to the public on the USGS www site, generally within 3 weeks after downloading from the instruments. Only data determined to be of poor quality and unconrectable due to instrument fouling or other problems will be .omitted. TN and TP analyses from the automatic sampler at Parma will be reported for automatically-collected samples at 49- hour intervals (approximately 175-180 samples per full yeaz). Collection of additional quality-control samples will be done to ensure that samples from the automatic sampler continue to represent the Boise River. Starting in the second yeaz of the project, products interpreting some aspect of the project will be produced. Interpretive reports sumtnarizing the overall monitoring network and resulting data will be produced every 2 to 3 yeazs with every other one designed to coincide with EPA's reporting requirements. A smaller product (such as a poster, journal article, or presentation at a technical meeting) addressing some particular aspect of the network data will be produced in 2009 and in each year that an interpretive report is not written thereafter. BUDGET Table 2 shows the annual costs for the project for the federal fiscal yeaz (October 1 -September 30) 2008 through 2013. The USGS will provide $74,476 in matching funds in fy2008 to cover instrument purchases and installations. In subsequent years, minimum USGS matching funds will be $30,000, and could range as high as $50,000, depending on availability and on costs associated with reports, articles, and other informational projects stemming from this project. • TABLE 2.-Project costs in dollars for fiscal years 2008 through 2013 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 Project oversi ht 4560 11900 12260 12630 13010 13400 Labor and installations 29220 71500 73650 75860 78130 80480 Instruments 55320 Instrument maintenance 10300 10610 10930 11260 Su lies 7180 19680 20270 20880 21510 22150 Laborato __ 6700- 18750 1931.0 19890 20480 21100 Shi in and Misc. 2000 3500 3610 3720 3830 3940 Products 10000 10300 10610 10930 11260 Overhead 53496 1217'70 126700 130500 134480 138510 TOTAL 158476 257100 276400 284700 293300 302100 USGS share 74476. TBD* TBD TBD TBD TBD Coo erator share 84000 TBD TBD TBD TBD TBD *To be determined • ~ LJ.L'1L1~7 ~ ~ • • To: Tammy de Weerd, Mayor From: Clint Dolsby, Acting City Engineer CC: Thomas Barry, Public Works Director Date: 8/18/2008 Re: Proposed Agenda Item for August 26, 2008 City Council Meeting The Public Worlcs Department respectfully requests the following item be placed on the August 26 City Council agenda, under consent agenda, for Council's consideration: USGS Joint Funding. Agreement. The U.S. Geological Survey (USGS) and Boise River municipalities have developed a monitoring plan to collect water quality data on the Snake and Boise Rivers. The plan is to operate three continuous water quality monitors for multiple years (10-20) to track improvements in water quality related to TMDL implementation on Lower Boise and Snake Rivers. This agreement implements the first of at least six years of the plan. Total costs for the first year is $158,476 (USGS match of $74,476; local costs of $84,000). In subsequent years, total costs will increase to $250-300,000 per year. USGS snatching funds are anticipated to be in the $30,000 to $50,000 range per year. The following Municipalities have committed fund the first year of the project (FY2008): Boise ($47,600), Meridian ($6,800), Nampa ($15,900), and Caldwell ($13,800). The proposed Water Quality Monitoring Memorandum of Understanding Cost Share to be signed by these four entities is attached. Recommended Council Action: The Public Works Department recommends that City Council approves the USGS Joint Funding Agreement for $6,800 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 JOINT FUNDING AGREEMENT OPERATION OF CONTINUOUS WATER QUALITY MONITORS IN THE LOWER BOISE AND SNAKE RIVERS BY THE UNITED STATES GEOLOGICAL SURVEY THIS AGREEMENT is entered into by and between the City of Boise ,hereinafter "Boise", City of Meridian, hereinafter "Meridian", City of Caldwell, hereinafter "Caldwell" and the City of Nampa, hereinafter "Nampa" for the purpose of jointly funding the collection of water quality data on the Boise and Snake Rivers by the United States Geological Survey. WHEREAS, Boise, Meridian, Nampa and Caldwell (collectively "the Cities") aze subject to NPDES permits issued by the U.S. EPA which regulate dischazges to Waters of the US including the Boise and Snake Rivers; and WHEREAS, the Cities have determined it is their best interests to monitor water quality in the lower Boise and Snake Rivers; and WHEREAS, the United States Geological Survey (USGS) has offered to perform continuous water quality monitoring of the Lower Boise and Snake Rivers on behalf of the Cities subject to cost sharing ;and WHEREAS, for the fiscal yeaz 2008 (ending September 30, 2008) the USGS has. agreed to contribute $74,476.00 for water quality monitoring provided the Cities provide $84,000 in matching funds; and WHEREAS, the USGS will only contract with one of the Cities for the purpose of jointly funding the water quality study for fiscal yeaz 2008; and WHEREAS, Boise has agreed to contract with USGS and be the funding conduit for the Cities to USGS; and WHEREAS, the Cities have determined funding contribution amounts for fiscal year 2008 to utilize USGS for water quality monitoring of the Lower Boise and Snake Rivers; and WHEREAS, the Cities desire to enter into this agreement to formalize the Cities funding and other obligations for the USGS water quality monitoring project NOW, THEREFORE, in consideration of the foregoing premises, it is agreed: 1. Boise will enter into a contract with the United States Geological Survey (USGS) for the purpose of jointly funding continuous water quality monitoring of the Lower Boise and Snake Rivers. The contract shall be in substantially the form set forth in Exhibit "A", attached hereto, and shall be for the fiscal yeaz ending September 30, 2008. 2. The Cities agree to the following cost sharing amounts for the joint funding of the Cities fiscal year 2008 shaze (through Boise) of the USGS agreement: Boise $47,600 Meridian $6,800 Caldwell $13,800 Nampa $15,900 3. Boise shall invoice each of the Cities for their funding share within 30 days of finalizing the USGS agreement. The Cities shall pay their invoiced share to Boise within 30 days of invoice receipt. 4. The Cities agree to seek additional funding from other sources including the State, other municipalities and private utilities to potentially defray the costs of this agreement. Any money received will be distributed to the Cities for their pro rata share. In the event the USGS terminates the USGS contract resulting in a return of funds the returned funds will be distributed to the Cities for their pro rata share. 5. The term of this agreement from the signature date to September 30, 2008. Any City may withdraw from this agreement by providing notice to the other Cities but shall remain obligated for payment of their share set forth in Section 2. CITY OF BOISE BY: Its: CITY OF MERIDIAN BY: Its: CITY OF NAMPA BY: Its: CITY OF CALDWELL BY: Its: END OF AGREEMENT Dated Dated Dated Dated N s. United States Department of the Interior L U.S. GEOLOGICAL SURVEY s `°~e IDAHO WATER SCIENCE CENTER 230 Collins Road Boise, Idaho 83702-4520 June 27.2008 Mr. Robbin Finch City of Boise Public Works Department P.O. Box 500 Boise, Idaho 83701-0500 Dear Mr. Finch: Enclosed are two documents. The first is entitled "A Proposal to Operate Continuous Water-Quality Monitors in the Lower Boise and Snake Rivers, Idaho". This document provides technical and funding details for a proposed project that would provide continuous water-quality monitoring at three sites -one on the Lower Boise and two on the Snake River, oae above and one below the confluence with the Boise River. The proposal describes the monitoring approach that would be used and the associated costs beginning in 2008 and continuing through 2013. As outlined in table 2 of the proposal the costs for first year of the project are $158,476. The U.S. Geological Survey (USGS) is prepared to contribute $74,476 towards the FY 2008 costs as outlined in the second enclosed document which is a Joint Funding Agreement (JFA). 1n subsequent years the USGS matching funds contribution will be at least $30,000 with the possibility of being as much as $50,000 depending upon availability. If this proposal meets with your approval please obtain appropriate signatures on both copies of the agreement, retain one for your files, and return the other to us. Work performed with funds from this agreement will be conducted on a fixed-price basis. The results of all work under this agreement will be available for publication by the U.S. Geological Survey. Questions concerning this proposal should be addressed to Mark Hardy at (208) 387-1352 or mhardy@usgs.gov. Sincerel , Kathy D. Peter,. P.E. Director, IWSC Enclosures Copy to: Greg Clark, USGS, Boise Mark Hardy, USGS, Boise Steve Lipscomb, USGS, Boise Sally Thompson, USGS, Boise •. A Proposal to Operate Continuous Water-Quality Monitors in the Lower Boise and Snake Rivers, Idaho BACKGROUND The USEPA approved Total Maximum Daily Load for Snake River/Hells Canyon reach (SR-HC TMDL) recognizes excess phytoplankton production in the Hells Canyon reservoirs. To protect the designated beneficial uses in the reach, maximum-seasonal-average and maximum chlorophyll-a concentrations have been set at 14 mg/L and 30 mg/L, respectively. To attain these conditions, maximum total-phosphorus (TP) concentration at the mouth of the Boise River have been set at 0.07 mg/L; significantly lower than past monitored and modeled TP concentrations. The relations between chlorophyll-a concentrations and phosphorus concentrations in the SR-HC TMDL reach are unlrnown. Also unknown are the effects of nitrogen concentrations on algal production; effects of the algal communities on other key water-quality properties related to beneficial uses such as water clarity (turbidity), pH, and dissolved-oxygen content; and the significance of Boise River contributions of TP, total nitrogen (TN), and chlorophyll-a to the loads transported by the Snake River into Brownlee Reservoir. Finally, limited work using automatic samplers suggests that TP concentrations in the Boise River may change significantly and more rapidly than monthly monitoring frequencies were able to show. To determine if concentrations of chlorophyll-a and TP aze truly improving or meeting established targets, and to address the unknown information and data variability issues discussed above, intensive monitoring in the Boise and Snake Rivers is necessary. To make such monitoring cost effective, use of automated methods is desirable. OBJECTIVES The objectives of this project are to: Install and operate continuous water-quality (WQ) monitors on the lower Boise River and on the Snake River above and below Boise River confluence, Evaluate how well data from continuous WQ monitors (particularly chlorophyll-a) represent conditions in the cross sections of the Rivers, Evaluate relations between concentrations of chlorophyll-a and those of phosphorus and nitrogen species, Evaluate the relative importance of Boise River TP and TN loads to the Snake River loads, Estimate TP, TN, and chlorophyll-a loads to Brownlee Reservoir, Operate an automatic sampler to determine the short-tenor variations in TP and TN concentrations in the Boise River neaz Parma. • APPROACH • Four commercial multipazameter water~uality monitors will be purchased capable of continuous monitoring of temperature, pH, dissolved oxygen, conductance, turbidity, and chlorophyll-a. Three of the instruments will lie installed at the Boise River near Parma, ID; the Snake River neaz Nyssa, OR (about 9 miles below the confluence with the Boise River); and the Snake River near Adrian, OR (about 7 miles above the confluence with the Boise River). The fourth instrument will be used when servicing the installations to collect comparative data for evaluating installation fouling and for making necessary corrections to the data record. This instrument will also be a backup if an installation completely fails. A refrigerated automatic sampler will be reactivated at the Boise River near Panora, ID. Sampling frequency of the multiparameter instruments will be 15-minute intervals. Although this relatively high frequency will probably be more than necessary to capture significant stream processes, it may provide necessary information for interpreting and correcting the data record as well as verifying data trends that occur over diet cycles. Water samples for laboratory analyses of chlorophyll-a, orthophosphate, TP, ammonia, nitrite-plus-nitrate. and TN will be collected during most site visits. Chlorophyll-a analyses will be performed by the US Bureau of Reclamation laboratory in Boise, ID; nutrient analyses will be performed by the USGS National Water Quality Laboratory. Unless data collection needs to cover certain hydrologic events, the automatic sampler will be set to collect samples at 49-hour intervals to ensure that samples are not collected at the same time each day and that both daylight and dark periods are included. Because nutrient species are not expected to be stable in samples held in an automatic sampler, these samples will be analyzed only for TN and TP by the USGS National Water Quality Laboratory. Continuous stream-discharge infon~nation will be available from gages near the Nyssa and Parma sites. However, lack of a gage at Adrian will require that instantaneous discharge measurements are made during site visits when full cross-section samples are collected. Significant amounts of quality-control data need to be collected to determine how well instrument- installation and auto-sampler locations represent the entire river cross sections, and the impacts of installation fouling on accuracy of the data. To minimize data compromised by fouling, servicing intervals will vary from weekly during high algal-productivity periods to monthly during low- productivity periods. Quality~ontrol samples and measurements will include comparisons of multiparameter-instrument readings using an independent instrument next to the installation, pre- and post-cleaning measurements and samples, grab samples ai the instrument installation and au[omatic- sampler-intake locations, and replicate samples. Table 1 shows a generalized schedule anticipated for service on installations and collection of samples. • • TABLE 1.--Generalized tasks and frequencies. for service a'nd sample collection TASK Octoberthrough May June Jwly through September Continuous-monitorsetvice Monthly Biweekl Weekly Multiparameter cross sections Monthly Biweekly Biweekly Grab samples (chlorophyll.) Monthly Biweekly Weekly EWI samples (chloroph II & nutrients) Monthly Biweekly Weekly Dischar a measurements (Adrian only) Monthly Biweekly Weekly Parma auotmatic-sampler service Monthly Biweekly Weekly PRODUCTS Measurements of temperature, pH, dissolved oxygen, conductance, turbidity, and chlorophyll-a will be recorded at 15-minute intervals. This data will be available to the public on the USGS www site, generally within 3 weeks after downloading from the instruments. Only data determined to be of poor quality and unconrectable due to instrument fouling or other problems will. be omitted. TN and TP analyses from the automatic sampler at Parma will be reported for automatically-collected samples at 49- hour intervals (approximately 175-180 samples per full yeaz). Collection of additional quality~control samples will be done to ensure that samples from the automatic sampler continue to represent the Boise River. Starting in the second year of the project, products interpreting some aspect of the project will be produced. Interpretive reports summarizing the overall monitoring network and resulting data will be produced every 2 to 3 years with every other one designed to coincide with EPA's reporting requirements. A smaller product (such as a poster, journal article, or presentation at a technical meeting) addressing some particulaz aspect of the network data will be produced in 2009 and in each yeaz that an interpretive report is not written thereafter. BUDGET Table 2 shows the annual costs for the project for the federal fiscal year (Octobei 1 -September 30) 2008 through 2013. The USGS will provide $74,476 in matching funds in fy2008 to cover instrument purchases and installations. In subsequent years, minimum USGS matching funds will be $30,000, and could range as high as $50,000, depending on availability and on costs associated with reports, articles, and other informational projects stemming from this project. • TABLE 2.-Project costs in dollars for fiscal years 2008 through 2013 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 l?ro'ect oversi ht 4560 11900 12260 12630 13010 13400 Labor and installations 29220 71500 73650 75860 78130 80480 Instruments 55320 Instrument m_ aintenance 10300 10610 10930 11260 Su lies- 7180 19680 20270 20880 21510 22150 Laborato 6700 18750 19310 19890 20480 21100 Shi in and Misc. 2.000 3500 3610 3720 3830 3940 Products 10000 10300 1D610 10930 11260 'Overhead 53496 121770 126700 130500 134480 138510 TOTAL 158476 257100 276400 284700 293300 302100 USGS shaze ~ 74476 TBD* TBD TBD TBD TBD Coo erator share 84000 TBD TBD TBD TBD TBD ~ ~ vc uc~crnunea . ~ • August 22, 2008 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. S-F REQUEST Water 8~ Sewer Easements for Destination Place Subdivision No. 2 Project Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See a#Mched CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~~ VC" 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. • ADA t'AUNTY REORDER J. DAVID NAVARRO AMOUNT .00 6 BOISE IQAHO 09109108 x:12 DEPUTY Uea Irby ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~'~~~ ~~~ RECORDED-REQUEST OF 108101150 Meridian City SANITAI(tY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 2t~between Boise Valley Commons, LLC the arties of the first art and hereinaftalled the Grantors and the Ci of M ridian P P h' e , Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNES SETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO 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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement 3244-Ease-wtr-sew.doc • • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent strictures, 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 wluch is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract 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. G TOR: I ALLEY COMMONS, LLC Kevin C. Knigh on, Man Member STATE OF IDAHO ) ss County of Ada ) On this 13 ~ day of ~ ~T , 20~~before me, the undersigned, a Notary Public in and for said State, perso ly appeared Kevin C. Knighton, known or identified to me to be the managing member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. _ ~ (~ ~• ~.N o ~?~•~ :' p~ .c G~~~~: ~; ~C .=~ ~.'a:_•.....•• ~ .d Sanitary Sewer and Water Main Easement 3244-Ease-wtr-sew.doc °~~~ • • GRANTEE: CITY OF MERIDIAN Tammy de Wee ,Mayor ~.~`~ (~ ~ `': $~~ Attest by ycee Holman, City Clerk ~ ~ ,~ Approved By City Council On: ,~~inni ~~~~r~ STATE OF IDAHO, ) ss. County of Ada ) On this~da of / y ~l~dl 1 S }" , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TANIlVIY DE WEERD and JAYCEE HOLMAN, 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 yeaz first above written. .••.. .•'ZA~,~l~'•. (SEAL) ; ~ ; -' ~ p ?-`•~•' ~ OTARY P LIC FOR IDAHO q ,'~. ~ ;' •~' ~ ~ ~ Residing at: 1 ''~ ; z; Commission Expires: IA-1 ~ - ~ ~ .~y , ~. .OF'------' Sanitary Sewer and Water Main Easement 3244-Ease-wtr-sew.doc ~~~ • ~~~LE~'~ ~~(~~ 187 E. 50th Street ° Garden City, Idaho 8,714 ~~~~~YLN~ (208) 385-0636 Fax (208) 385-0696 Project No.: 3244 EXHIBIT ~~t'1~~ Date: August 12, 2008 DESCRIPTION . OF MERIDIAN SEWER 8 WATER MAIN EASEMENTS FOR DESTINATION PLACE SUBDIVISION No. 2 Easement No. 1 A parcel of land being a portion of Lot 1, Block 1 of Destination Place Subdivision, as on file in the Office of the Recorder for Ada County, Idaho in Book 93 of Plats at Pages 11190 through 11192, situated in the SW 1/4 of Section 17, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southwest comer of said Section 17 marked by a brass cap; thence along the South line of said Section 17, which is also the centerline of East Overland Road South 89°52'19" East 1785.49 feet to a point; thence leaving said South line at right angles and along the centerline of South Millennium Way North 00°07'41" East 250.46 feet to a point; thence leaving said centerline at right angles South 89°52'19" East 27.00 feet to a point on the West line of said Lot 1, said point being the POINT OF BEGINNING; thence continuing South 89°52'19" East 40.00 feet to a point, thence at right angles South 00°07'41" West 45.00 feet to a point; thence at right angles North 89°52'19" West 40.00 feet to a point on said West line of Lot 1; thence along said West tine North 00°07'41" East 45.00 feet to the POINT OF BEGINNING, Together With: Easement No. 2 Said Parcel Contains 1,800 Square Feet, more or less. A parcel of land being a portion of Lot 2; Block 1 of Destination Place Subdivision, as on file in the Office of the Recorder for Ada County, Idaho in Book 93 of Plats at Pages 11490 through 11192, situated in the SW 1/4 of Section 17, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southwest corner of said Section 17 marked by a brass cap; thence along the South line of said Section 17, which is also the centerline of East Overland Road 3244-Mer-Ease-l-Desc.doc Page 1 of 2 • TEALEY' S LAND SURVEYING ,e~ E. sot sueec, Garden City, Idaho 83714'(20 3es-os3s Project tdo.: 3244 Page 2 of 2 Destination Place No. 2 Water & Sewer Main Easements South 89°52'19" East 2306.43 feet to a point; thence leaving said South line along the centerline of South Celebration Avenue North 00°07'39" East 225.06 feet to a point; thence leaving said centerline North 89°52'19" West 27.00 feet the Southeast corner of said Lot 2, said point being the POINT OF BEGINNING, marked by an iron pin; thence continuing along the South line of said Lot 2 North 89°52'19" West 130.32 feet to a point, thence at right angles North 00°07'41" East 20.00 feet to a point; thence at right angles South 89°52'19" East 130.32 feet to a point on the East line of said Lot 2; thence along said East line South 00°07'39" West 20.00 feet to the POINT OF BEGINNING, Said Parcel Contains 2,606 Square Feet, more or less. 3244-Mer-Ease-1-Desc.doc .l~.=~ N -~-~~ 0 40 BO 160 SCALE IN FEET I" = 80' ~XNIBIT "~" MERIDIAN WATERLINE & SEWER EASEMENT EXHIBIT FOR PROPOSED DESTINATION PLACE SUB. No. 2 SITUATED IN LOTS 1 AND 2, BLOCK I, DESTINATION PLACE SUB. LOCATED IN THE SW I/4 OF SECTION 17, T.3N.,R.I.E., B.M., MERIDIAN, ADA COUNTY, IDAHO o N `~ i \/~~ ``` - ___,,--'`~ SOUTH CELEBRATION AVENUE ~ p \ ~'V/. _ ~-~~ ~ 85.12' s oo°Or39°.a ``~~ 20.00' ~ 1 i _ _ _ _ _ _ ~ ~=J--- ----_ ~ ~ ~ ~ i~ R c ~ / R / / / // ' ~/ ~ e I I ~ N „~ N 00.0739' E 310.18' _ 2~ ,. N 89.42'19° W 27.00' N jr ~~, ---------------------------------~ 1 POINT OF ~~ BEG/NNING d12 `~'~ I N m I _°m MER/p/AN EASEMENT ~? I WAJFR AfA/N EA°7EMEN7 j 3 /IKEA ~ 1,808 $f I N pEVELOPER/OWNER: I ~ BOISE VALLEY COMMONS, LLC I I ~V . ~ ~~? ,~ ~ KEVIN KNIGHTON, MANAGER _ '~ i ~ t ;,, :- 4751 N. TROTTER LANE ., ~: <_'- STAR , ID 83669 27, 2 ~ ,« ~ - N 00°07'41° E ~ ~ 11 ' 1 i 1 1 20.00' I ~~ ~ I ~~ 1 ~ 6 0l 1 - ~ 1 ~~ I ~ I I Z ~ m l ~ I N 89'92'19' M 193.97' 6 I W ~ 1 129.97' i Z 1 { U ~ I i N 1 1 ;a 1 ~ I 1 1 1 I 1 1 ~I I ~1 s 1 1 ~' 27, 27' 1 i 1 ~j 1~ S 89°52'19° E ~ ~ 40.00' '~ PO1NT OF 1 BEG/NN/NG~ ~` ~ ,~ 4333, ~~ ~ ~rD-- ~~ 5 B °'Z52'19• E 27.00'--~ ~~ 43.33' .;>;•- J. '`;. ~ io ~' y~ t 8 00.07'41' W I 80.06' _ i 105.46' I i I y°P ~ , I ~pya0• •,, a . ~' ~ I 9~ I o I I 0.,`P°' I a MER/D/AN EASEMENT ,p1 ; wA7Fa e/Anv ~ ~wav ,vaN I N EASnvE~v7 i dA£A v I.BOD 9~ I i S 00°07'41° W ' 45.00' ____I / N 89'S2'i9° W j - _ - 40.00' N 89°32'19' W ~. 45.00' _ 250.46' _N N 00°07'41• E 293.79' i. SOUTH MILLENNIUM WAY N 3244-Mar-Ease-Exh.dwg OB-12-08 10:40:37 dmarka 0 a ,~ ~Z I°v Z W am PIW ~~ ~~ wo N N .~ ~n p N m t^ Q N ~ 0] ~ N m 0~ • Memo • To: Jaycee Holman; Tara Green. From: Scott Steckline; Development Services Coordinator CC: Karie Glenn Date: 8/20/2008 Re: Proposed Agenda Item for August 26, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 26, 2008 City Council agenda, under Consent Agenda., for Council's consideration: Water and Sewer easements for Destination Place Subdivision Not. Recommended Council Action: The Public Works Department recommends that City Council approves the purposed water and sewer easements for Destination Place Subdivision Not. Thank you for your consideration. Please contact me if you have any questions. • Page 1 • SANITARY SEWER AND WATER MAIN EASEMENT THIS 11VDENTURE, made this day of , 20 between Boise Valley Commons, LLC ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO 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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed therein violation of this easement. Sanitary Sewcr and Water Main Easement 3244-]:ase-wtr-scw.doc • • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed-of the aforementioned and described tract 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. G NOR: I ALLEY COMMONS, LLC Kevin C. Knighton, Man Member STATE OF IDAHO ) ) 55 County of Ada ) On this i '1-+'~- day of w~ , 201 before me, the undersigned, a Notary Public in and for said State, person lly appeared Kevin C. Knighton, known or identified to me to be the managing member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. . v ~~ T9~ G~ ~ -< NOTARY PUBLIC Residing at: 11'- (,s Commission Expires Sanitary Sewer and Water Main I~,asement 3244-1?asc-wlr-sc~~~.dc~c • • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of _, 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOL,MAN, 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 WHERf~OF, 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:_ Sanitary Scwer and Watcr Main l:iascmcnt 3244-1.asc-wlr-sew.doc • • _ ,p t T~fi3...~Y J L~AV'D ~I~,1 ..'.?Oil. `.iii;; F3 ° ~..•~i.!'('=!" l,Ely. ;.rai~~~ i.. ',.~ ~UF~VI=Y~Nf~ (1e~i as-as:sb Fay; (2J8~ :i85-06yf Project No.: 3244 EXHIBIT 11!"1,r Date: August 12, 20.08 DESCRIPTION OF MERIDIAN SEWER 8~ WATER MAIN EASEMENTS FOR DESTINATION PLACE SUBDIVISION No. 2 Easement No. 1 A parcel of land being a portion of Lot 1, Block 1 of Destination Place Subdivision, as on file in the Office of the Recorder for Ada County, Idaho in Book 93 of Plats at Pages 11190 through 11192: situated in the SW 1/4 of Section 17, T.3N., R.1E., B.M.. Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southwest corner of said Section 17 marked by a brass cap; thence along the South line of said Section 17, which is also the centerline of East Overland Road South 89°52'19" East.1785.49 feet to a point; thence leaving said South line at right angles and along the centerline of South Millennium Way North 00°07'41" East 250.46 feet to a point; thence leaving said centerline at right angles South 89°52'19" East 27.00 feet to a point on the West line of said Lot 1, said point being the POINT OF BEGINNING; thence continuing South 89°52'19" East 40.00 feet to a point, thence at right angles South 00°07'41" West 45.00 feet to a point; thence at right angles North 89°52'19" West 40.00 feet to a point on said West line of Lot 1; thence along said West line North 00°07'41" East 45.00 feet to the POINT OF BEGINNING, Said Parcel Contains 1,800 Square Feet, more or less. Together With: Easement No. 2 A parcel of land being a portion of Lot 2, Block 1 of Destination Place Subdivision, as on file in the Office of the Recorder for Ada County, Idaho in Book 93 of Plats at Pages 11190 through 11192, situated in the SW 1/4 of Section 17, T.3N., R.1 E., B.M., Meridian. Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southwest corner of said Section 17 marked by a brass cap; thence along the South line of said Section 17, which is also the centerline of East Overland Road 3244-Mer-Ease-l-Desc.doc Page 1 Of 2 • TEALEY'S LAND SURVEYfNG ~s~E soy st,~t.r,~•,,F„r,~iy,ic(~n.,e3~~a'(zoo)eo5~as.E Project No.: 3244 Page 2 of 2 Destination Place No. 2 Water & Sev~~er Main Easements South 89°52'19" East 2306.43 feet to a point; thence leaving said South line along the centerline of South Celebration Avenue North 00°07'39" East 225.06 feet to~a paint; thence leaving said centerline North 89°52'19" West 27.00 feet the Southeast corner of said Lot 2, said point being the POINT OF BEGINNING, marked by an iron pin; thence continuing along the South line of said Lot 2 North 89°52'19" West 130..32 feet to a point, thence at right angles North 00°07'41" East 20.00 feet to a point; thence at right angles South 89°52'19" East 130.32 feet to a point on the East line of said Lot 2; thence along said East line South 00°07'39" West 20.00 feet to the POINT OF BEGINNING, Said Parcel Contains 2,606 Square Feet, more or less. 3244-Mer-Ease-l-Desc.doc C~ w N J~ ~~ ~~ 0 40 90 IE,O SCALE IN FFT I"=80' ~ o F ~` __-- ------------------------------------------------------~ m \/y ' ' ~9~ ~~-----____ -~"" SOUTH CELEBRATION AVENUE N P 9/' _ N 00.07'39' _ 310.18' ~" 85.12' S 00'07'39" W 225.-3e- - -~ ~. `~1 20.00' - N 69'92'~T V 27.00' w i ---- ~PO/NT OF I i ~` - J - -' - - - - BEGINNING ,{~2 i ~I / ~' m ~ ~ `1 I _°m ~ m°_ MER/D/AN EASEMENT ~7 i I ~/ / / WA IER MAIN EASEMENT l / ~a: 3 AREA ~ 1,606 SF ~ ~ / / 7 ~ ~ N ~ DEVELOPER/OWNER I I BOISE VALLEY COMMONS, LLC ~~~ ' ~ a ~ KEVIN KNIGHTON, MANAGER. 'j i _~ .~.. 4751 N. TROTTER LANE 27, 27. -~--- STAR, ID 83669 ~, ~ 1. - N 00.07'41" E 20.00 -' I , I 1 i ~ I I I 1 6 om' ) 1, - - ~ ' ~~ ' 1 Y I 1 v I I 1 0 >; 1 m i i OL D ' 1 1 . ' ' S 00'0>'41' W , G V 89 52 19 W 153.97' 80.06' i ~ '? I - 1 1 -._- 12esi' - - ________________ os.4s' i ____ i ~ '~ 1 1 I i N 1 t i I q~ i ~b G lw I I ..ao' I I 1 a a~~ i. C~ SJ I ~ 1 of ~ ~ ` 1 ~ 0¢ 0 1 1 1 o-` ; I 5 I , I ' 1 4 I 1 MEJ4/D/AN EASEMENT ,~'f ' 1 27• ' 1 WATER MA/N & SEWER MA/N ~ 27 1 EASEMENT i 1 1 AREA : I,BOO SF ~ 1 • ~ S 00"07'41" W l \ S 89.52'19" E 45.00' ~ , '~ ~ 40.00' ----- ' PO/NT OF N 89'52'19' w ~`` ~ ~ BEGINNING ,¢`f ~ ~- 43.33' _ f 40'00' i _ --------------- - ~ . ' ' ``~ S B 52'•9" E 27.00' ~ ' N 89 19 92 W c5.00' ~ ~ • 43.33 250 46' - ~_- N 00.07.41' E 27379' - -- - SOUTH MILLENNIUM WAY S"La4-Ater-Eose-Ezh.dwg OB-12-08 1C; 40: ;77 drncrks D N Qp U' P ~ Z °z Qw P w J O] Ot ~ i°v °-' W O in ;r' O ~ m ~ Q ~ am w ^~~ N v' m August 22, 2008 - MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. 5-G REQUEST Master Agreement for Professional Services -- Pharmer Engineering AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~~~~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • .MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this~'~lay of 2008, and entered into by and between the City of Meridian, a municipal core ~ ation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Pharmer Engineering LLC, hereinafter referred to as °ENGINEERa, whose business address is 1998 W. Judith Lane, Boise, ID 83705. INTRODUCTION Whereas, the City has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of S®rvlces: 1.1 ENGINEER shall perform and furnish to the. City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivenrd to, the CITY without any restrictions or limitations with nrspect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub~ngineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the ENGINEER for the specfic purpose intended, will be at the Cites sole risk and shall be without liability or legal exposure to the ENGINEER. The MASTER AGREEMENT FOR ENGINEERING SERVICES - page 1 of 8 • • CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verfication or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER.° 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in pertormance of this Agreement and that are in effect at the time of pertorrnance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work pertormed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at.the City's request under this Agneement will be pertorrned in a timely manner in aa:ordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consiid®ration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders per the attached °Rate Schedule° identfied as Exhibit A to this agreement. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for servioes provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any addkional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specfically, ENGINEER shall not be enttiled by virtue of this Agreement to consideration in the form of overtime, health insurance MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 8 i benefits, retirement benefds, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Tim® of P®rformance: This agn~ement shall become effective upon execution by both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4., Ind®pend®nt Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee nor agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. i 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjec#ed to City's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnlficadon and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests. and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 8 • • Automotive policies. The limits of 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, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineers officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Acxounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notilces: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Attn: Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorn®y 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 attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract MASTER AGREEMENT FOR ENGINEERING SERVICES - page 4 of 8 • • between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Assignor®nt: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. R®ports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and recerds prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of nrconiing upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audlts and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcdpts from 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. 13. Publication. R®production and Use of Maiberlal: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement: 14. Compliance wl~ Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of 8 • 15. Chang®s: The CITY may, from time to time, request changes in~the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 16. T®nminatlon: If, through any cause, ENGINEER, its officers, employees, or agents fails to fu~ill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsfies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, orany other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at anytime by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. Construction and S®v®rab6lity: 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. 18. Advic® of Atborn®y: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from ifs attorney's or the opportunity to seek such advice. 19. Enure Agr~m®nt: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 8 • • oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicabl® Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and .the ordinances of the City of Meridian. 21. Approval R®qulr®d: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ENGIN R BY: TAMMY de ERD, MAYOR BY: Dated: ~" 02~ ~~ Dated: G 13 !1 8 Attest: ``~~~~~~,~~~~~~~~~,,,,,~~ JAYCEE L. OLMAN, CITY CLLR $,~~ ~~ ':,9~.y r t8Y . Approved sa tent -,, ~' ~flUNTY KEITH W , PUR ING AGENT Dated: B ~ / ~ ~ O Approved as to Form CITY ATTORNEY ~~i Approval `~~ 1~Y: ~ ~a~1 NAME: C.l:n~ Do15b~J TITLE: ~ iAC C ~ y ~~1a-i11P!?S' Dated: g~~SloP MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 8 • EXHIBIT A RATE SCHEDULE - 2008 PHARMER ENGINEERING LLC Classification Hourly Rate $/Hour En ineer VI $147.00 En ineer V $137.00 En ineer IV $122.00 En ineer III $105.00 En ineer II $95.00 En ineer I $85.00 Technician IV $85.00 Technician III $74.00 Resident Pro'ect Re resentative $80.00 Administrative_Rssistant $60.00 MASTER AGREEMENT FOR ENGINEERING SERVICES - page 8 of 8 • m • • ~ ~ ,~ • i~llemo To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen, Engineering Technician CC: Clint Dolsby, P.E., Acting City Engineer Date: 8/15/2008 Re: Proposed Agenda Item for August 26, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 26, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Master Agreement for Professional Services - Pharmer Engineering Attached is a Master Agreement for Professional Services with Phacrner Engineering LLC for engineering services needed by the City. The engineering services will be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the Master Agreement for Professional Services with Pharmer Engineering LLC. Thank you for your consideration. Please contact me if you have any questions. • Page 1 -__J AAASTER AGREEMENT FOR PROFESSIONAL SERVICES u THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Pharmer Engineering LLC, hereinafter referred to as "ENGINEER", whose business address is 1998 W. Judith Lane, Boise, ID 83705. INTRODUCTION Whereas, the City has a need for engineering services to be defned by individual Task Orders which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement an associated Task Order and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability or legal exposure to the ENGINEER. The MASTER AGREEMENT FOR ENGINEERING SERVICES - page 1 of 8 i ~~ CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any.verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work pertormed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders per the attached °Rate Schedule" identified as Exhibit A to this agreement. 2.2 The ENGINEER shall provide the City with a monthly statement, as services wanant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 8 benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall automatically renew annually unless sooner terminated in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of .performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to Cites control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,.000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 8 Automotive policies. The limits of 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, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death., or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed., ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, .Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Attn: Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. 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 attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract MASTER AGREEMENT FOR ENGINEERING SERVICES - page 4 of 8 between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion,, sex, national origin or ancestry, age or disability. 11. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 ENGINEER shall maintain all writings, documents and records prepared oc compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine., and make excerpts or transcripts from 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. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and othervvise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of 8 • 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 48. Termination: If, through any cause, ENGINEER, .its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud., dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. 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. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings., MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 8 • oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ENGIN R BY: ~ 1 TAMMY de WEERD, MAYOR BY: Dated: Dated: ~ / 3 U Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as o tent BY: KEITH W , PUR A 1NG AGENT Dated: ~ ' ~ Approved as to Form CITY ATTORNEY Department Approval BY: ~ $ Jo NAME: C.~~n~ ~u~Sb~4 TITLE: fi~~~i ~ Ci~Y~;AP~c Dated: gJtSl~~ MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 8 • EXHIBIT A RATE SCHEDULE - 2008 PHARMER ENGINEERING LLC Classification Hourly Rate $/Hour En ineer VI $147.00 En ineer V $137.00 En ineer IV $122.00 En ineer Iil $105.00 En ineer I1 $95.00 En ineer I $85.00 Technician IV $85.00 Technician IIl $74.00 Resident Pro'ect Re resentative $80.00 Administrative Assistant $60.00 MASTER AGREEMENT FOR ENGINEERING SERVICES - page 8 of 8 August 22, 2008 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. S°~"~ REQUEST Change Order No. 1 to Task Oder 076 with Hydro Logic for Hydrogeological Well Rehabilitation Consulting fora Not to Exceed Amount of $15,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~ ~a~ CITY BUILDING DEPT: ~ vN ~ 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 prope-fy of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Chartge Order No.: ~ 1 Pro}edNumtrer: j 736 Date: ~ 8/ZO/2008 Effective Data: 8/20/2008 CONTRACTOR: Hydro Lo®ic PROJECT: Hydrogeologic Well Rehabllltatlon Consulting The Contractor is hereby directed to make fhe lblfowir~ etraurges irom the Contrrect Dogrmerrta and Plana. Descipfion: iAddition work required upon discovery of conditions at well 14 and sut~sequent change in the scope of work for reconstruciton of the well. lte~on for Change Order: Additional design work exceeds contract amount. eats: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Prtoe: $25,000.00 Orlgtnal Contract Completion Date: net Contact Com letbn Net form previous C.O.'s.: Net Days change fomt prevtous C.O 's: No. Q to Q No. g to Q -- $0.00 -- Contract Pelee Prior to this C.O.: Contract Completion Date before this C.O.: $25 000.00 Net Imxease (daorease) of this C.O.: Net Days Inaease (decrease) of fhia C.O.: $15,000.00 Contract Prfoe with all Appn3ved C.O.'s: Contract Completion Date wHh all Approved C.O.'s: ~ a40~000.00 RECOMMENDED: (CONSTRUCTION M/WA~ER) ACCEPTED (CONTRACTOR) ~ ~ . Br• ~~ By: Date: ~0~ ate: APPROVED: (CITY Pt7RCHA8 A COUNCIL APPROVAL By: Keith Watts C/V eta: ~= 2 2- ,~~,,-~„~uurr,,,,,r~r . ~ta:~~ a~ s `, APPROVED• (CITY) ~ ATTEST~~ `~~ 4y~ gY• Temm a W Data: t3Y City Gerk. Jelroee Holman - eta: ~ SEAL '_ -a3 = o _ _ ''~9~ t19T•1 ~~~: ~~ ., ~P .. .- 'i~~ ~ ,,,~~. '~~r~rrrrrnr ~nr~~N~~ • Memo To: Jaycee Holman.; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: 8/20/08 Re: Proposed Agenda Item for August 26, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 26 City Council agenda, under Consent Agenda, for Council's consideration: Change Order #1 to task order 076 with Hydro Logic for Hydrogeologic Well Rehabilitation Consulting Recommended Council Action: The Public Works Department recommends that City Council approves Change Order #1 to task order 076 with Hydro Logic for Hydrogeologic Well Rehabilitation Consulting for a cost not to exceed $1.5000 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 i CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: ~ ~ Project Number. 736 Date: C ~ 8/20/2008 Effective Date: 8/20/2008 CONTRACTOR: Hydrologic _ __ _ ___ 'PROJECT: ~ Hydrogeologic Well Rehabilitation Consulting The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Addition work required upon discovery of conditions at we11 14 and subsequent change in the scope of work for reconstructon of the well. Reason for Change Order: _.__.... _.__ _ ..~_.. ___ _ _.-.---.____W_._._._______...__ _._._ _. ____.... Additional design work exceeds contract amount. ' Attachments: -----~--.-- .,..,.d.._.._.~.._..__ __------__..~_____ _ ._ .._._._.... CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: ~ $25,000 00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $25,000.00. Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: _ ~: ~~$15;000.OOW Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'ss $40,000.00 RECOMMENDED: (CONSTRUCTION MANAGER) . ACCEPTED (CONTRACTOR) By: By: Date: Date: APPROVED: (CITY PURCHASING AGENT), COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) ATTEST: , By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: - • August 22, 2008 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. 5-I REQUEST Award of Bid and Authorization to Enter into Contract with for Old Town Streetscape Reconstruction Project for Not to Exceed Amount of ~ TBD 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: COMMENTS See atfiached ~P~°„` OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become propeity of the City of Meridian. August 22, 2008 MI 08-006 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT Primeland Investment Group, LLC ITEM NO. 5°J REQUEST Addendum No. 2 to DA -- Request for an MI application to modify subsection 6 item A3 of the recorded DA which requires CUP approval for any future church /office uses for Verona Subdivision -- NfC of McMillan 8~ Ten Mile 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: OTHf R: COMMENTS See attached ~~ro~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. L` ADA COUNTY RECORDER J. VID NAVARRO AMOUNT .00 4 • 8015E IDAHO09109/08 09:1 AE~;oRDEDB RED EST OF III IIIIIIIIIIIIIIIIillllllllllllll III Meridten Clry 10830,1152 ADDENDUM N0.2 TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLC, Owner/Developer This addendum is made and entered into this ~~~ day of_ QI~S ~ 2008, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY, and Primeland Development Company, LLC whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on June 13, 2003 as Instrument # 103097612. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: SECTION 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 3. A Development Agreement shall be entered into between the ~~Owner/Developer" and the f°City" that will require, among other condition , pathway construction. 4. Building elevations shall substantially conform to the photos submitted with MI-OS-006, as determined by the Planning Director. 5. A minimum of 3 buildings with no one building exceeding 15,000 square feet shall be constructed on the office lots associated with the Verona Subdivision. The maximum allowable non-residential square footage for this development shall be 55,000 square feet. ADDENDUM N0.2 TO DEVELOPMENT AGREEMENT (MI 08-006 VERONA COMMERCIAL) PAGE 1 OF 4 • • 6. AU future development (6 office lots) conform to the permitted, conditional uses and dimensional standards of the L-O zoning district. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3, This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owners/Developers ofthe Properly, each subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition, and understandings between OwnersfDevelopers and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral of written, express or implied, between Owners/ Developers and City, other than as aze stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This addendum shall be effective as of the date herein above written. ADDENDUM N0.2 TO DEVELOPMENT AGREEMENT (MI 08-006 VERONA COMMERCIAL) PAGE 2 OF 4 • STATE OF IDAHO ) Ss: county of Ada, ) On this ~~day of ~ 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared (L s ~ i a,.~,2r known or identified to me to be the ~~ ~ (~~Pa~, p~~ of Primeland Development Company, LLC, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. (SE~BERLY WIIHKLE Notary Public State of Idaho rs Notary Public r Idaho Residing at: My Commission Expires: / 9 STATE OF IDAHO ) ss County of Ada ) On this ;Z l9~ day of /~ 1.L0~1A S~' , 2008, before me, a Notary Public, personally appeazed Tammy de Weerd and `Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. :'`~~`~TA ~~': (SEAL) : " 1S ~~~ .~- ~ . ~ . • ~ • ~ ~ , ~ • `~ . • • .~ • :, otary Public for Idaho Residing at: ~~ t ({~ ~, .~ Commission expires: IU-t l-( I ADDENDUM N0.2 TO DEVELOPMENT AGREEMENT (MI OS-006 VERONA COMMERCIAL) PAGE 4 OF 4 ~ i ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: PRIMELAND DEVELOPMENT COMPANY, LLC. B CITY OF MERIDIAN !~ BY: ~ GC~~~/I Mayor T y e Weerd Attest: ````~~~~y Of ~',9,,~~~' ~ ~ ~ ~O r Jayc .Holman, City Clerk L ~ ~ '~~~~~~-rrnn nr~ri~~~~~~ ADDENDUM N0.2 TO DEVELOPMENT AGREEMENT (MI 08-006 VERONA COMMERCIAL) PAGE 3 OF 4 ' ~ • August 22, 2008 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. 6 REQUEST confirmation of City Council Member Seat No. 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BULLDING 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 propeify of the City of Meridian. • u August 22, 2008 Department Reporst MERIDIAN CITY COUNCIL MEETING AUgUSt 26, 2008 APPLICANT Public Works Department ITEM NO. 7mA REQUEST IDWARN Mutual Aid Agreement 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: COMMENTS See a#tached ~ri~r~~ ~a-~ o-, ~ 0 Z OTHER: Contacted: Date: Phone: Emgiled: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. s ~. August 22, 2008 Department Reporst MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT Legal Department ITEM NO. 7-B REQUEST Discussion of Amendments to Director Position and Titles Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: /~ CITY WATER DEPT: (J~ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, AMENDING TITLE 1, CHAPTER 8, SECTION 1; TITLE 1, CHAPTER 8, ARTICLE D, SECTI.ONS 1 AND 2; TITLE 1, CHAPTER 8, SECTIONS, 1 AND 2 OF THE MERIDIAN CITY CODE, RELATING TO THE TITLES, DUTIES, AND RESPONSIBILITIES OF DIRECTOR POSITIONS; WHEREAS the City of Meridian appoints Department Directors and a City Treasurer and City Clerk as prescribed by the Idaho and Meridian City Code; WHEREAS the titles, duties, responsibilities, and positions have changed over time due to changes in operations; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That Title 1, Chapter 8, Section 1 of the Meridian City Code is amended to read as follows: 1-8-1: APPOINTMENTS BY MAYOR: A. Specific Appointments: The mayor, with the consent of the city council, shall appoint all department directors of the City of Meridian including ae~, city attorney, public works director, chief of police, fire chief, planning ~~g director, parks and recreation director, and ~~°~°° a~--°°'°~ Chief Financial Officer. The mayor with the consent of the city council rnay .add other appointed positions as necessary to effectivel~perate the CitX Additionally, pursuant to the Idaho Code 39-~A4 the mayor with the consent of the city council shall appoint a city treasurer and cit, c~k. SECTION 2. That Title 1, Chapter 8, Article D, Section 1 of the Meridian City Code is amended to read as follows: 1-8D-1: APPOINTMENT; TERM OF OFFICE: The City Public Works ~p°wn Director shall be appointed by the Mayor, with the consent of the City Council, and shall hold office for the duration of his appointment unless sooner removed. SECTION 3. That Title 1, Chapter 8, Article D, Section 2 of the Meridian City Code is amended to read as follows: 1-8D-2: DUTIES: DIRECTOR POSITIONS AND TITLES AMENDED ORDINANCE- Page 1 of 3 '~ The City Public Works ~e~~i~t Director shall have charge of the supe~g of ^'' ',''+`° •"°-''~~ ^~ ~ " directin>7 the Department of Public Works including but not limited to the following: ~ r "~~ , u= l~: A. Sewers: FIe The City Public Works Director shall saper~se be responsible for the installation and maintenance of all sewer lines in the City excepting the installation of seiner projects which are done under contract. C. B. Water: I~The City Public Works Director shall $~ be responsible for the installation and maintenance of all water mains and water services excepting the installation of water mains so installed under contract. O. C. Equipment:l=le The City Public Works Director shall kµ~~o c'.:::'-° °f c:=a ~ ' b..., u .~uYvz vru~i be responsible for the repairs and upkeep of all City works equipment. E. D. Employment And Supervision: FIe The City Public Works Director shall be responsible for _ ::Y'.~,', ..'itl~ tl:e c„==~., ~t ;,f *'~° "~^ `' r'~+ r •', such help as is needed to carry on the work of the City, such help to be directly under his supervision. li. E. Make Reports: The City Public Works ~er~rte~ Director shall present to the Cit Council e~ :~~ :° ~'^- ::e *~~~- eac~ntn as necess Y ~b~=~ _ ~ ary a ~ittei3 report of City work Fr F. Other Duties: The City Public Works ~°w~i Director shall be responsible for tla~~~nmpli~hmrarit of ~ ^l, +1, 1 ~ +l, r'* 1,' 1, ~1, TT ~. - ~n . any other duties as defined within the job description or as directed by the Ma.~ . SECTION 4: That Title 1, Chapter 8, Article E, Section I of the Meridian City Code is amended to read as follows: 1-8E-1: APPOINTMENT; TERM OF OFFICE: The °a,• fi i~=;,G Aires Chief Financial Officer shall be appointed by the mayor, with the consent of the city council, and shall hold office for the duration of his appointment unless sooner removed. SECTION 5. That Title 1, Chapter 8, Article E, Section 2 of the Meridian City Code is amended to read as follows: DIRECTOR POSITIONS AND TITLES AMENDED ORDINANCE- Page 2 of 3 1-8E-2: DUTIES: A. Attend Meetings Of Council: The ^~*-° ~~~~^° a;-°^*°r Chief Financial Officer shall attend ~l as necessarv sessions of the city council. B. Policies And Plans: The ^~*-° ~~°^^° a;,.°^*^-- Chief Financial Officer shall be responsible to implement policies and plans of the mayor and council. C. Policy, Short And Long Range Planning Responsibilities: The ~~ ~~~~^° a~-°^*^r Chief Financial Officer shall be responsible to advise the mayor and council on financial policy considerations and short and long range financial planning. D. Financial Activities: The ^~*•~ ~~~~^° a:..°^*°~ Chief Financial Officer shall review and analyze financial methods and performance to find ways to increase effectiveness, improve results or effect economies in financial activities. E. Budget Requests: The °~*~~ ~~~~^° a:..°^*°~ Chief Financial Officer shall be responsible to analyze budget requests for compliance with appropriate rules, regulations, policies, procedures, budget, and capital improvement plan. F. Annual Budget Amendment: The ^~*~~ ~~~~^° a:r°^*^-- Chief Financial Officer shall develop with the necessarv staff the annual budget amendment, including gathering all data, analyze results and present a final report to the mayor, council and the public._ ~ SECTION 6. That, pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon approval. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2008. APPROVED: MAYOR ATTEST: CITY CLERK DIRECTOR POSITIONS AND TITLES AMENDED ORDINANCE- Page 3 of 3 ~ • August 22, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT Legal Department ITEM NO. 7-B-2 REQUEST Discussion of FY09 Benefits 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: COMMENTS a~~ ~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. August 22, 2008 PP 08-005 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT Jdmes Wylie ITEM NO. 9 REQUEST Request for Preliminary Plat approval of 5 commercial lots & 1 other lot on 10 acres in a C-G zone for Knighthill Center -- southwest corner of West Chinden Boulevard & Norfh Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY ~- CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERI'D1AN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U S WEST: LNTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Rp~'v"- Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: • • CITY OF MERIDIAN ~~E IDIAN~ FINDINGS OF FACT, CONCLUSIONS I D A H O OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat of 5 commercial building lots and 1 common lot on 10.01 acres in a C-G zone; Miscellaneous Application to modify the recorded development agreement and Private Street approval within the Knighthill Center Subdivision, by James Wylie. Case No(s). PP-08-005, MI-08-003 and PS-08-005 For the City Council Hearing Date of: Augast 12, 2008 (Findwgs on the Angast 26, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 12, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 12, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 12, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 12, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-08-005, MI-08-003 & PS-08-0OS -1- • • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval aze imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a .copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Preliminary Plat and the Conditions of Approval all in the attached Staff Report for the hearing date of August 12, 2008 incorporated by reference. The conditions aze concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated Apri125, 2008 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval aze as shown in the attached Staff Report for the hearing date of August 12, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) yeaz of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the ternrination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-08-005, MI-08-003 & PS-08-0OS -2- • • and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ' F. Attached: Staff Report for the hearing date of August 12, 2008 By 'on of the City Council at its regular meeting held on the ~ day of ~- 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: CITY OF MERIDIAN FINDINGS OF FACT, COT CASE NO(S). PP-OS-005, MI-08-003 & PS-0B-0OS VOTED VOTED VOTED_~ VOTED_~ VOTED ~~ ~, $~i~.+ ,~ O ~I A1~ISION & ORDER 'y~~~~grrmn u1N,````~~~ -3- • • Jaycee Holman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: - ~ Dated: ' Clerk's Office ~i -a -o~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-OS-005, MI-08-003 & PS-08-005 -4- CITY OF MERIDIAN PLANNING DEPAR• NT STAFF REPORT FOR THE HEARING DA• F AUGUST 12, 2008 STAFF REPORT Hearing Date: August 12, 2008 TO: Mayor and City Council E IDIAN- FROM: Bill Parsons, Associate City Planner (208) 8845533 ~ ®A ~ SUBJECT: Knighthill Center • PP-08-005 Preliminary Plat of 5 commercial building lots and 1 common lot on 10.01 acres in a C-G zone • MI-08-003 Miscellaneous Application to modify the recorded development agreement for Knighthill Center Subdivision • PS-08-005 Private Street approval within the proposed ICnighthill Center Development 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, James Wylie, has applied, for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 10.01 acres. Concurrently, the applicant has submitted a miscellaneous application to modify the existing Development Agreement to remove the previous approved concept plan and replace it with the proposed plan. Private street approval is also requested that will provide access to the development and provide connectivity with surrounding developments. Note: The applicant is modifying the previous preliminary plat approval granted in 2006. 7Tiere were 4 lots in the previous plat and S in the subject plat. There were 3 buildings shown on the previous concept plan and 13 shown on the subject concept plan/plat. Access points are not changing from the previous approval. The subject site is located on the southwest corner of W. Chinden Boulevard and N. Linder Road. 2. SiJNIlVIARY RECOMMENDATION The subject applications (PP, MI & PS) were submitted to the Planning Department for concurrent . review. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on the PP application (MI optional) and'the PS application is reviewed at the Staff level. Below, Staff has provided detailed analysis and recommended conditions of approval for the requested Preliminary Plat, Miscellaneous and Private Street applications. Staff is recommending approval for the I{nighthill Center Subdivision (PP-08-005, MI-08-003 & PS-08-005) with incladed conditions listed in Ezhibit B of the Staff Report. The Meridian. Planning & Zoning Commission heard this item on June 19..2008. At the .public hearing. the Commission moved to recommend approval of the snbiect PP request. a. Summary of Commission Public Hearing: i. In .favor: Rennv Wylie ii. In opposition: Ron and Sharon Taylor. Shawna LongLn iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood ,b. Kev Issue(s) of Discussion by Commission: i. Additional (denser) landscaping to screen those homes adiacent to the southern property boundary from the proposed office buildings. ICnighthill Center PP-08-005, MI-08-003 & PS-08-0OS PAGE 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 ii. The extension of Genie Place into the proposed development. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issae(s) for City Council: i. Some of the neighbors had concern with. the extension of Genie Place into the proposed Subdivision. Staff and the Commission support the extension of the street into the development. eridian City CotLnci heard these items on ALSn~ct 12.2008. At the pub is hea 'n the. o Inc' the subject PP and MI request R, ummarv of City Co nc'1 Pub is Aearin ~ In favor: Re nv Wv ie. o n Wa lace j;. In_opnosition: None jjy -omment~nrr: Karen Wallace. Stephanie DowminQ. Ron Tavlor_ Ivan Tsnna llY. Written testimony: None y. taffpresen 'nQ app ication: Anna .a pin yi. Other staff co m n 'nQ on app icaHon: None 1L Kev Issues of Discussion by Council; L_ Future right-of--way needed alonvl.inder Road and Chinden Boulevard. jl. .andscape requirements adjacent to the residential homes along the south property jj~ Extension of Gertie Place and the pnrnoce of the street co section 'moo the nronoced develonme~. iY. Cross acres agreement for the proposed .development to access W. .verest Lane stubbed at the west property ine_ A cony of the recorded cro c access a~eement has een provided to staff and included in nivht ill Center project file and sha remain in place for this approval. s. Kev Council Changes to Staff/Co mission Reco m ndation L An~tdditional DA provision was added to include a bermed 25-foot wide landccs+ne nffer adjacent to the. residential ucec along the west and conth property boundary. The berm .shall be .constructed 'n accordance with IiID 11-3A-S.I, and planted 'n accordance with UDC 11-3B-9. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP- 08-005 and MI-08-003 as presented in the staff report for the hearing date of August 12, 2008, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers PP-08- 005 and NII-08-003 as presented in the staff report for the hearing date of August 12, 2008, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers PP-08-0OS and MI-08-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: ICnighthill Center PP-08-005, MI-08-003 & PS-OS-0OS PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 Southwest corner of W. Chinden Boulevard and N. Linder Road NE ''/o, NE %, Section 26, T4N RI W b. Owners: James Wylie 1676 N. Clazendon Way Eagle, Idaho 83616 c. Applicant: Same as above d. Representative: Renny Wylie e. Present Zoning: C-G f. Present Comprehensive Plan Designation: Mixed Use Community g. Description of Applicant's Request: The applicant is requesting preliminary Plat approval for 5 commercial lots and 1 common lot in a C-G zone. Concurrently, a miscellaneous application was submitted to modify the DA governing the site and a private street approval is requested to provide access to the proposed development. 1. Date of Preliminary Plat: Apri125, 2008 2. Date of Landscape Plan: January 4, 2006 (A revised landscape will be required prior to the City Council hearing) 3. Date of Conceptual Site Plan: May 1, 2008 5. PROCESS FACTS a. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-6B-2, a public hearing is required before the Planning and Zoning Commission and City Council on this matter. b. The subject application will, in fact, constitute a development agreement modification. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is not required on this matter. d. Newspaper notifications published on: June2 and June 16, 2008; (Planning and Zoning Commission); July 21, 2008 .and Aa~ust 4, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: May 23, 2008 (Planning and Zoning Commission); July 18, 2008 (City Council) f. Applicant posted notice on site by: June 9, 2008 (Planning and Zoning Commission); July 24, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the southwest corner of W. Chinden Boulevard and N. Linder Road, which are both major roadways in the area and cazry large amounts of vehiculaz traffic. To the south and west is Lochsa Falls Subdivision, which contains over 800 single family homes and vacant commercial lots along Chinden Boulevard. Knighthill Center PP-OS-005, MI-08-003 & PS-08-0OS PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA~ F AUGUST t2, 2008 c. Adjacent Land Use and Zoning 1. North: Knight Sky Estates, zoned C-C and TN-C 2. East: Vacant land, zoned RUT (Ada County). 3. South: Lochsa Falls No. 11, zoned R-4. 4. West: Lochsa Falls No. 12, zoned R~4, C-N, and L-O d. History of Previous Actions: In 2006, the site was annexed (AZ-06-006) and preliminarily platted (PP-06-005) with 4 commercial lots and one common lot. A Development Agreement was required with the annexation of the property and was approved by City Council on July 5, 2006. Further, a concept plan was approved with the annexation of this site. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently sewer in W. Everest Lane and N. Gertie Place. Location of water. There aze 12 inch water stubs in W. Everest Land and N. Gertie Place. Issues or concerns: Water main sizing. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: C-G 7. Size of Property: 10.01 acres f. Subdivision Plat Information 1. Residential Lots: 0 2. Non-residential Lots: 5 3. Total Building Lots: 5 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: 6 g. Landscaping_ 1. Width of street buffer(s): 35 feet on Linder Road and Chinden Boulevard. 2. Width of buffer(s) between land uses: 25 feet 3. Percentage of site as open space: 1.01 acres/10% h. Proposed and Required Non-Residential Setbacks: per the C-G zone C-G Standard Front 0 feet Knighthill Center PP-08-005, MI-08-003 & PS-0B-0OS PAGE 4 CITY OF MERIDIAN PLANNING DEPAR•ENT STAFF REPORT FOR THE HEARING DA• F AUGUST 12, 2008 Side 0 feet Reaz. 0 feet Max. Building Height 65 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from N. Linder Road to the east and from W. Everest Lane to the west via private street that will provide traffic circulation through the site. A connection will also be made to the stub (N Gertie Place) provided from the south (I,ochsa Falls Subdivision) and a stub driveway entrance is provided to the Ivan Tsupa RUT parcel to the south as required by the subject DA. The subject property does have frontage along Chinden Boulevard (State Highway 20-26) but is not proposing direct access to that facility. 7. COMMENTS MEETING On May 30, 2008 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Mixed Use Community" on the Comprehensive Plan mature Land Use Map. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an azea that is situated in highly visible or transitioning pazts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 squaze feet of non- residential building area, and is intended to allow a broad range of uses. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component" Staff has reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands are serviced by the Meridian City Fire Deparment. • The subject lands are serviced by the Meridian Police Department (11~D). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County ~ghway District (AC1~ID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should su,,~`er no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provdded by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater ICnighthill Center PP-08-005, MI-08-003 & PS-08-0OS PAGE 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 6 _ Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to connect to the public stub street (Gertie Place) from Lochsa Falls Subdivision to the south and the private stub street (Everest Lane) from Lochsa Falls Subdivision to the west. The applicant is also proposing to provide a driveway access to the undeveloped property to the southeast. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one curb cut on N. Linder Road, which was previously approved by AChID and is supported by sta, fj`' • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed use does contribute to the variety of commercial uses in this area, as envisioned with the Comprehensive Plan amendment. • "Restrict curb cuts and access points on collectors and arterial streets:' (Chapter VII, Goal N, Objective D, Action item 2) The Idaho Transportation Department (ITDj has previously submitted levers to the City stating that their policy for access to a Type IYPrincipal Arterial wild be at intersections only, and spaced at one-half mile intervals in urban areas. I7D allows approaches (other than intersections) in special cases and on a temporary basis. Stajffinds that the proposal of no access point to Chinden Boulevard (SH2O-26) meets the location requirements ofITD. I7D has requested 100 feet of right-of-way be reserved for the future widen of Chinden Boulevard. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action item 4) Chinden Boulevard and Linder Road are designated as entryway corridors. By City Ordinance, a 3S foot wide landscape buffer is required adjacent to both Linder Road and Chinden Boulevard. • Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The subject site will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping at the time said parcel is developed. • Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter N, Goal I, Obj. A, #6) This parcel is already annexed into the city. Sanitary sewer and water are available to this parcel. Knighthill Center PP-08-005, MI-08-003 & PS-08-005 PAGE 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 • Mixed Use standazds, pages 102 and 103, Chapter VII: Purpose Statement: The purpose of the MU designation on the Ftiture Land Use Map is to identify key areas which aze either infill in nature or situated in highly visible or transitioning azeas of the city where innovative and flexible design opportunities aze encouraged. The highly visible location of this property, at the corner of Chinden Boulevard and Linder Road, makes it a good candidate for a quality commercial development. • Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows connectivity between the residential neighborhood to the south and the proposed commercial development by extending the stub street (Genie Place) and the existing sidewalk into the development. Sta, fJ`'recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation DEVELOPMENT AGREEMENT MODIFICATION: As mentioned eazlier, a DA was requirai when the subject site was annexed into the City. A comprehensive list of the DA provisions that currently govern the site aze as follows: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. ICnighthill Center PP-08-005, MI-08-003 & PS-08-005 PAGE 7 CITY OF MERIDIAN PLANNING DEPAR• STAFF REPORT FOR THE HEARING DA• F AUGUST 12, 2008 • A 25-foot wide commercial drive aisle, sewer, and water shall be stubbed to the property located at 6175 N. Linder Road. • Development of the property shall comply substantially with the conceptual site plan shown on the preliminary plat dated January 5, 2006. • The applicant shall provide signage on the site which indicates that there is an exit towards W. Everest Lane. • The applicant shall provide evidence of a recorded cross access easement with the development to the west for access to W. Everest Lane, which is a private street. The applicant is proposing to amend the DA provision that ties the development to the concept plan approved with the previous preliminary plat (PP-OC~005). The applicant has submitted a new concept plan showing how the site may develop. The previous concept plan depicted four buildings (pad sites) with varying uses on the site (grocery store, retail, bank and restaurant). The new concept plan proposed for the site is showing thirteen buildings ranging in uses from a convenient store/fuel sales, multi-tenant retail, a bank and office uses. The previous concept plan was also approved with a tota1109,750 square feet of retail space and the new concept plan proposed depicts roughly half the amount of square footage at 56,300 square feet. However, staff has included in the new DA provisions to allow a ma~mum of 40,000 sgaare feet of retail uses and 30,000 square feet of office uses on the subject site. Staff believes the new concept plan differs substantially from the previous approval and feels additional DA provisions are necessary. Therefore with the exception of modification of the concept plan, Staff is recommending the remaining DA provisions in section 5 not be changed and that new additional DA provisions be included in the amended DA as follows: 1. The development of this property shall substantially comply with the concept plan in Exhibit A as determined by the Planning Director. Adjacent to residemial uses, office uses shall be constricted to help buffer the surrounding neighborhood from the more intense retail uses near Linder Road and Chinden Boulevard. 2. Any future buildings shall substantially, comply with the elevations in Exhibit A as determined by the Planning Director. 3. Any future buildings fronting on Chinden Boulevard and Linder Road shall be subject to Design Review in accordance with UDC 11-3A-19. 4. Futire retail uses shall not exceed a total of 40,000 square feet and Entire office uses shall not exceed a total of 30,000 sgaare feet. 5. A central plaza shall be located on Lot 4 as depicted on the concept plan. 6. Any future drive-through use on this site shall obtain CUP approval. 7. Set aside a minimum of 100-feet of property from the center of Chinden Boulevard for the futare roadway expansion. CONCEPT PLAN: The applicant has submitted a concept plan. for the subject site. The applicant is proposing to develop the site with a mix of commercial and office uses. Two of the pad sites are proposed for drive through facilities which require separate CUP approval because the proposed drive through lanes are within 300 feet of a residential district. Located in the northeast corner of the development the applicant is proposing a convenience store with a car wash facility. On the submitted concept plan, the commercial uses front along Chinden Boulevard and Linder Road. Adjacent to the residential homes, office uses are proposed to help buffer the surrounding neighborhood from the more intense retail uses. Staff is generally supportive of the proposed concept plan and has made it a provision for the amended DA. Knighthill Center PP-O8-005, MI-08-003 & PS-08-0OS PAGE 8 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 ELEVATIONS: The Applicant has submitted conceptual building elevations with this application that depict how the firture multi-tenant, office and convenience store buildings may be constructed on this site. Building materials depicted on the office buildings depict stucco with substantial stone veneer and azchitectural shingle roofing. Two variations in the multi-tenant buildings are proposed. The first rendering has stucco and stone veneer accents with varying parapet heights and roof dimensions and a timber canopy that extends along the entire front of the building. The other multi-tenant building is proposing a more contemporary design and also includes varying parapet heights and stucco and block wall system. The convenience store building is also proposed to be constructed of stucco with stone accents and metal canopies to accent the street facing facades. In addition, varying rooflines aze proposed with a combination of a flat roof and pitched roof design accented in metal. Staff is supportive of the proposed elevations and has attached these elevations in Exhibit A. Any Future buildings constructed on the site shall substantially comply with these elevations. DRIVE-THRU ESTABLISHMENTS: The concept plan depicts 2 drive-thru windows on this site within 300 feet of a residential zoning district. Per UDC 11-4-3-11, drive-through establishments require CUP approval if they aze located within 300 feet of an existing residence or residential district or another drive-thru facility. In addition, there are also several specific use standards for drive-thru windows that aze listed in UDC 11-4-3-11. If drive-through establishments are proposed on this site, a CUP shall be required that complies with the UDC standazds. PRELIlVIINARY .PLAT ANALYSIS: The proposed preliminary plat depicts 5 buildable lots and 1 common lot on 10.01 acres of land in a C-G zoning district. Please see Exhibit C for detailed analysis of the required facts and findings for the preliminary plat application. Staff is in general support of the proposed plat with the following comments: Dimensional Standards: The applicant must comply with the dimensional standards for the C-G zoning district listed in UDC Table 11-2B-3 as outlined in this report. Preliminary Plat: Staff has reviewed the proposed plat and is recommending that the plat be revised as follows: • A 35-foot wide street buffer landscape easement is required along Linder Road, classified as an arterial street, and an entryway corridor, per UDC Table 11-2B-3. • A 35-foot wide street buffer landscape easement is required along Chinden Boulevazd classified as a state highway and an entryway corridor, per UDC Table 11- 2B-3. • The 10-foot wide multi-use pathway located along Chinden Boulevazd shall be .placed in a public pedestrian easement via a note on the final plat. • Across-access easement shall be recorded, via a recorded document and/or a note on the final plat, for all lots within the subdivision to use the private streets and driveways proposed as access to the public street system. • A 25-foot landscape buffer shall be depicted along the southern property boundary adjacent to the residential lots and continue along the west property boundary and terminate at the south side of W. Everest Lane (approximately 210 feet). Landscape Plan: The applicant submitted the landscape plan approved with the 2006 project. The purpose of the plan is only to illustrate the required perimeter landscape buffers required for the proposed subdivision. Staff is recommending the applicant revise the landscape plan Knighthill Center PP-08-005, MI-08-003 & PS-08-0OS PAGE 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 prior to the City Council hearing to reflect the current layout of the site. Staff has reviewed the plan for compliance with current UDC standards and offers the following comments/requirements: • A detached 10-foot wide multi-use pathway shall be constructed along Chinden Boulevard with trees planted every 351ineaz feet. • Per UDC Table 11-2B-3, a 35-foot wide landscape street buffer is required along Chinden Boulevard and Linder Road, as depicted on the landscape plan and plat. These buffers should be designed in accordance with the standazds listed in UDC 11- 3B-7. • Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9. On the submitted plat the applicant is showing a 20-foot landscape buffer. On the revised landscape plan depict a 25-foot landscape buffer as required by the UDC. • The applicant should also comply with any other landscaping standazds described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for pazking lot landscaping. • The 5-foot wide sidewalk along Linder Road shall be located so it is detached from the future curb in accordance with UDC 11-3A-17. Ten copies of the revised landscape shall be submitted to the Planning Department IO days prior to the City Council hearing. Parldng Lot Landscaping: Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for the development which comply with City Code. Specifically, the submitted conceptual site plan does not show the landscaping in the landscape islands as required by UDC 11-3B-8C2. Development along State Highways: UDC 11-3H-3 regulates any development along state highways. This section of the code also regulates access to State and Federal highways and future right of way reservations for ITD. Chinden Boulevazd limits access to the half mile mark between section lines. The applicant has not proposed any access points to Chinden Boulevard with the submitted PP application. As indicated on the preliminary plat for the project, the applicant is responsible for reserving 100 feet of right way for future expansion of Chinden Boulevazd. Staff has conditioned this in the proposed DA amendment and Ezhibit B below. UDC 11-3H-3C4 requires the construction of a 10-foot multi-use pathway with a public use easement. On the submitted preliminary plat, the applicant has complied with this UDC standazd. Design Review: Per UDC 11-3A-19, the structures within the development shall be subject to administrative design review and a Design Review application shall submitted concurrently with the application for Certificate of Zoning Compliance for each building along Linder Road and Chinden Boulevard. Access: The access to the development will be from N. Linder Road to the east and from W. Everest Lane to the west via private streets that will provide traffic circulation through the site. A connection will also be made to the stub (N Gertie Place) provided from the south by Lochsa Falls Subdivision. A stub driveway entrance is provided to the Ivan Tsupa RUT pazcel to the southeast as required by the subject DA. The subject property does have frontage along Chinden Boulevard (State Highway 20-26) but is not proposing direct access to that facility. Staff is Knighthill Center PP-08-0O5, MI-08-003 & PS-08-0OS PAGE 10 CITY OF MERIDIAN PLANNING DEPAR~ENT STAFF REPORT FOR THE HEARING DA~ F AUGUST 12, 2008 supportive of the access provided to the site. Cross-Access: Some of the proposed lots do not have frontage on a public street. Cross-access shall be provided to all lots within the development via a note on the recorded final plat or a separate recorded agreement. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Common Areas: Maintenance of all common areas shall be the responsibility of the Knighthill Center Business Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. PS (Private Street) Application: -The applicant is proposing to construct a private street to provide access and circulation within this development. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24' or 26' with no allowed parking as determined by the Fire Marshal. Where the private street is to provide access to Linder Road the applicant is proposing to construct a 36-foot road section. Where Gertie Place is to be extended into the development a 32-foot road section is proposed. And with the extension of W. Everest Lane into the site, the applicant is proposing a 25-foot wide road section. For all of the street sections, curb and gutter and 5-foot attached sidewalks on both sides are proposed. The reason for the varying road sections is the applicant wants to match the exiting stub streets into the proposed development. The applicant has submitted a Private Street application as required by UDC 11-3F-3. Staff is supportive of the applicant's request and has conditioned such in Exhibit B. b. Staff Recommendation: Staff is recommending approval for Knight Hill Center Subdivision (PP 08-005, MI-08-003 & PS-08-005) with conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard this item on June 19 2008 At the public hearing the Commission moved to recommend approval of the subiect PP reaaest. Th Meri iae itv 11. E7K~ITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 4/25/08) 3. Landscape Plan REVISED .(dated: 7/17/08 l ; 4. Conceptual Site Plan (dated: 5/1/08) 5. Elevations B. Conditions of Approval I{nighthiq Center PP-08-005, MI-08-003 & PS-08-005 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA• F AUGUST i2, 2008 1. Planning Department 2. Public Works Department 3. Fire Department 4. ~ Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health C. Required Findings from the Unified Development Code Knighthill Center PP-08-005, MI-08-003 & PS-08-005 PAGE 12 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA •F AUGUST 12, 2008 A. Drawings 1. Vicinity Map Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 2. Preliminary Plat (dated: May Z5, 2008) 8 ~~. ~ j t ~, ~ a~ ~ ~ ~t~,1°~ ,i '~ ~Q P~~n ~~ ~ 9 ,q ~~ ~ ~~ . . « ~ t e e 1 I t ~I~I~t~~lill rttt~tilt~~~ -°-' t i" i ,~ ~t o _ _ z o~ ~°~dm °Ge`~~ ~_ J .J ~_ e e ~ - .~~~~~ I 01 ~! i~ i' ~~ ~~ ~ ~`~ t~ e~~~ ~1 0..,... ~ .~ ~ .~ ~ ~ ti . ~ ~ ~~ 1~ i~ i1i~ ~, i .o ~ ~~ ._ Exhibit A • CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST I2, 2008 3. Landscape Plan .(REVISED) NP[d Pl ~ A « .~, ~° ~ s err m ®.s ~~ a~ JiiN000 YQY ap-mroo ~~~8 8~1 T 9 e! , I I ~ - -~~.~', ~ r ~s ._ - --- -- e ~' ~ 7L'LaD- KCS'fiZ~' ~tise~ _ -_ b .SB [g9~ 1 6. f col ~~1; ~~ ; ~~ ~ !I~I - '~ - -.. ~ r G Id~ v' i; I ., d,~ , ~ydS ~ i ,a ~ ~I~ u ~ ~~ i ;ra ; ~ a U ~~; ~ ~ ti ,"y. ?ill 0 ,t ~ -'' ~_~ ~ Y®n .4 9 °"' . - f --- ~,:.: I ~ i i i "YS ~' ;, ;~~,~. a Q. I ~~. ry r ~ ~_ -`S to I ~ ~~ ~ _~ I - I ~ 1 `~ ~ ~ ® `-_-- f E _ ,~. Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 4. Conceptual Site Plan i i~ i~ i~ i~ .~ J m ~ a ~ G ~U I I I I I I .~ ~ n~w~ ~~ „uw~oua i i Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 5. Elevations KNI~NTNfLL CONDO OFFICE - CONCEPT 8 . r.e~ ~xat eoa~ . Exhibit A ~..an. n.« nc ~ w~~. NvLLI TENANT BUILDfNO - CONCEPT 8 mats . r.a KNTS3MTN111 AETAIL 19ULT1 TEN4NT BUILDING - CONCEPT ~ ae~e trP . eqr • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA ~ AUGUST 12, 2008 guar Exhibit A C-sTOfI£ ELE1/gq71oW yow+~s~wes NOR1}I ICNf~IDENf QEYA710N ~ uw. e~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF AUGUST I2, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-pRELIMINARy PLAT 1.1.1 The preliminary plat prepazed by Toothman-Orton Engineering, dated May 25, 2008, is approved, with the conditions listed herein and following changes; • A 25-foot landscape buffer shall be depicted along the southern and western property boundaries adjacent to the residential homes, terminating at the south side of W. Everest Lane (approximately 210 feet). • The 10-foot wide multi-use pathway located along Chinden Boulevazd shall be placed in a public pedestrian easement via a note on the final plat. • Across-access easement shall be recorded, via a recorded document and/or a note on the final plat, for all lots within the subdivision to access the proposed private streets and driveways as access to the public street system. • The 10-foot pathway along Chinden Boulevard and the 5-foot sidewalk adjacent to Linder Road shall be detached from the future curb. 1..1..2 Maintenance of all common areas shall be the responsibility of the ICnighthill Center Subdivision Business Owner's Association. 1.1.3 The landscape plan prepared by the-I~ad-Gree~..Toothman-Orton. dated July 17, 2008 ~- 94-A~, lebeked-4~~ (attached in Exhibit A), is ~ approved. The revised landscape shall include the following: • A detached 10-foot wide multi-use pathway shall be constructed along Chinden Boulevard with trees planted every 35 linear feet. • Per UDC Table 11-2B-3, a 35-foot wide landscape street buffer is required along Chinden Boulevard and Linder Road, as depicted on the plat. This buffer should be designed in accordance with the standards listed in UDC 11-3B-7. • Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11 3B-9. On the revised landscape depict a ZS-foot landscape buffer as required by the UDC. • The applicant should also comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. • The 5-foot wide sidewalk along Linder Road shall be located so it is detached from the future curb in accordance with UDC 11-3A-17. • A written certi5cate of completion should be prepared by the landscape architect, designer, or quali5ed nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. 1.1.4 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARING DATE OF AUGUST 12, 2008 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. ff a surface or well source is not available, asingle--point connection to the culinary water system shall be required. )f a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 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 mitigated. 1.2.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1..2.7 Staffs failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3 DEVELOPMENT AGREEMENT MODIFICATION 1.3.1 Staff is requesting that section 5, "Conditions Governing Development of Subject Property," of the recorded DA for Knighthill Center (#1060122368) be amended with application file MI-08- 003 as follows: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC DARING DATE OF AUGUST 12, 2008 from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • A 25-foot wide commercial drive aisle, sewer, and water shall be stubbed to the property located at 6175 N: Linder Road. • The applicant shall provide signage on the site which indicates that there is an exit towards W. Everest Lane. • The applicant shall provide evidence of a recorded cross access easement with the development to the west for access to W. Everest Lane, which is a private street. New DA provisions to be included in section 5 of the amended DA: 1. The development of this property shall substantially comply with the concept plan in Exhibit A as determined by the Planning Director. Adjacent to residential uses, office uses shall be constricted to help buffer the surrounding neighborhood from the more intense retail uses near Linder Road and Chinden Boulevard. 2. Any feature buildings shall substantially comply with the elevations in Exhibit A as determined by the Planning DireMor. 3. Any future buildings fronting on Chinden Boeilevard and Linder Road shall be subject to Design Review in accordance with UDC 11-3A-19. 4. Futeare retail uses shall not ezceed a total of 40,000 square feet and fnteare office uses shall not ezceed a total of 30,000 square feet. 5. A central plaza shall be located on Lot 4 as depicted on the concept plan. 6. Any futeare drive-through use on this site shall obtain CUP approval. 7. Set aside a minimum of 100-feet of property from the center of Chinden Boulevard for the futetre roadway expansion. The inn icant sha I con ~r a h rmed 2S-foot wed landscape buffer adiacen o th resi enNal uses along the west and south nronerty hnnndarv Thp hnrrn chsn t,e in accor apes wi b mr i i A I and planted 'n accordance with LmJC 11-3A-9- 1.4 PRIVATE STREET 1.4.1 Construct the private street as follows: • Where the private street is to provide access to Linder Road construct a 36-foot road section with curb and gutter and 5-foot attached sidewalks, as proposed. • Where Gertie Place is to be extended into the development, construct a 32-foot street section with curb and gutter and 5-foot wide attached sidewalks, as proposed. • Where W. Everest Lane is to be extended into the development, construct a minimum 25-foot wide street section with curb and gutter and 5-foot attached sidewalks, as proposed. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST t2, 2008 The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standazds as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N.Gertie Place and W. Everest Lane. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains `that aze required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance with the City of Meridian Public Works Departments Standazd Specifications. 2.2 Water service to this site is being proposed via extension of mains in W. Everest Lane and N. Gertie Place. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.3 The preliminary plat indicates all new water mains will be eight-inch. The applicant shall be required to install atwelve-inch main from the twelve-inch main in W. Everett to Linder Road, with a connection to the twelve inch main located to the south of this prof ect in Linder Road. The shall be in lieu of running water main in the arterial frontages. ' 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 A pressurized irrigation system is required for all subdivisions per UDC 11-3A-15. The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. ff it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy"'of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. 2.7 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domesticpurposes such as landscape irrigation. 2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall 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. ff lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.9 A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas. Storm water Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST I2, 2008 treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2..12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 3. FIxE DEPARTMENT 3.1 Acceptance of the water supply for fire protection'will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle.. b. The Fire hydrant shall not face a street which does not have addresses on it. c. • Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support a weight of 75,000 lbs. 3.5 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.9 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.11 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 Maintain a separation of 5' from the building to the dumpster enclosure. 3.14 Provide a Knox box entry system for the complex prior to occupancy. 3.15 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.16 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.17 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.18 Provide exterior egress lighting.as required by the International Building & Fire Codes. 3.19 There shall be a fire hydrant within 100' of all Fire Department connections. 3.20 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 3.21 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.22 Emergency response routes and fire lanes shall not be allowed to have speed bumps 3.23 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.24 For all Fire Lanes, provide signage "No Pazking Fire Lane". 4. POLICE DEPARTMEN'T' 4.1 The Police Department has no concerns with the site design as submitted with the application. S. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICE COMPANY 6.1 No comments were provided by SSC. 7. ADA COUNTY HIGI3WAY DISTRICT Site Specific Conditions ofA~nroval 7.1 Dedicate a total of 48-feet ofright-of--way from the centerline of Linder Road abutting the pazcel by means of a wananty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACfID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way. 7.2 Constntct a 5-foot detached concrete sidewalk abutting the site on Linder Road. The sidewalk shall be located a minimum of 41-feet from the centerline of the roadway. The applicant should work with ACRD and the landowner of the out parcel that fronts on Linder Road to extend a continuous sidewalk to the intersection of Linder Road and.Chinden Boulevard. 7.3 Construct a northbound left-turn lane on Linder Road at the site access intersection. 7.4 Construct a curb return full access driveway on Linder Road located at the south property line (approximately 600-feet south of Chinden Boulevazd), as proposed. Construct a separate left and right turn lane for the eastbound (exiting) approach. 7.5 Comply with the requirements of the Idaho Transportation Department for right-of--way, access, and improvements to Chinden Boulevazd (US 20/26). 7.6 Connect to Gertie Place, a public stub street at the south property line, as proposed. 7.7 Connect to Everest Street, a private street at the west property line, as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 7.8 Provide across-access easement to the 0.6-acre out-parcel to the south, as proposed. 7.9 Other than the access specifically approved with this application, direct lot access is prohibited to Linder Road and shall be noted on the final plat. 7.10 Comply with all Standazd Conditions of Approval. Standard Conditions o~pproval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Frivate sewer or water systems aze prohibited from being Located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2..11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized Exhibit B CITY OF MERIDIAN PLANNING DEPAR•ENT STAFF REPORT FOR THE HEARING DA~ F AUGUST 12 2008 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water 8.3 Run-off is not to create amosquito-breeding problem. ' 8.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 C. Required Findings from the Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following 5ndings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council generally supports the proposed plat layout as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to .accommodate the proposed development; The Council finds that public services are available to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general we~are; and The Commission is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. The Commission recommends that the Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. 6. The development preserves significant natural, scenic or historic featares The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission recommends that the Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Council is unaware. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 2. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit C • . August 22, 2008 MFP 08-005 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT Tuscany Development, Inc. ITEM NO. 10 REQUEST Vacated from July 22, 2008 -- Request to Modify approved FP by removing requirement for 5ft detached sidewalk along Lots 54-66, Block 5 for Messina Meadows -- w/o Eagle 8~ s/o Victory Road AGENCY COMMENTS --- ®® CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN.IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Previous Item Packet /Minutes ~~`~ See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • August 22, 2008 VAR 08-005 MERIDIAN CITY COUNCiL MEETING August 26, 2008 APPLICANT Tuscany Development, Inc. ITEM NO. 11 REQUEST Continued Public Hearing from July 22, 2008 -- Request for Variance to UDC 1 1-2A-6; applicant requests to measure street setback from back of ribbon curb for 12 lots for Messina Meadows -- w/o Eagle 8~ s/o Victoy AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet /Minutes ~r~11 i r-1~{~cr A-~r~v~ See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. August 22, 2008 PP 08-007 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT Una Mas, LLC ITEM NO. lZ REQUEST Continued Public Hearing from August 12, 2008 -- Request for Preliminary Plat approval of 21 building lots on 12.62 acres fro Una Mas -- 3945 E. Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet /Minutes C CYZ~r1 l~S~. P ~ t~ ~- 238 Contacted: Date: Phone: Emailed: Staff Initials Materials presented at public meetings shall become property of the City of Meridian. • August 22, 2008 MERIDIAN CITY COUNCIL MEETING August 26, 200$ APPLICANT ITEM NO. ~ 9 REQUEST Public Hearing -Downtown Meridian Striping Pllan 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: ~g ~ °~1~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~ CITY OF MERIDIAN C1TY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE AUgUSt 26, 200$ ITEM # 19 PROJECT NUMBER PROJECT NAME Downtown Meridian Striping Plan C~ August 22, 2008 MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. ZQ REQUEST Ordinance -Downtown Meridian Striping Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OB- 93~ to ~~cr~p OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ~ Page 1 of 1 Tara Green _. rom: Emily Kane Sent: Thursday, August 21, 2008 4:30 PM To: Machelle Hill; Jaycee Holman; Tara Green Cc: Bill Nary Subject: Striping Plan Ordinance Follow Up Flag: Follow up Flag Status: Green Attachments: Ordinance Adopting Downtown Meridian Striping Plan.doc Here is the Ordinance Adopting the Striping Plan for Council's Tuesday agenda in case you don't have it already. Thank you! Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee@meridiancity.org 8/22/2008 • • CITY OF MERIDIAN ORDINANCE NO. v~ -~~7t!p BY THE CITY COUNCIL: BIRD, BORTON,,ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A DOWNTOWN PARKING PLAN WITH MODIFIED STANDARDS FOR DESIGNATED PARKING SPACES FOR DISABLED PERSONS PURSUANT TO IDAHO CODE SECTION 49- 213(1)(d); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 1, 2008, by City of Meridian Resolution no. 08-613, the City Council of the City of Meridian appointed the Downtown Meridian Parking Committee pursuant to Idaho Code § 49-213(1)(d)(1), of which at least one-half (%Z) of the members were persons with a disability as defined in Idaho Code § 49-117; WHEREAS, after due notice, the Downtown Meridian Parking Committee did convene in a public meeting on July 29, 2008, analyzed the proposed Downtown Meridian Parking Striping Plan, suggested modifications thereto, and voted unanimously to recommend that City Council adopt the Downtown Meridian Parking Striping Plan as modified; and WHEREAS, the Downtown Meridian Parking Striping Plan was modified in accordance with the Committee's suggestions, and on August 11, 2008, notice was published in The Valley Times of public hearing and opportunity to review and comment on the Downtown Meridian Parking Striping Plan pursuant to Idaho Code § 49-213(1)(d)(2); and WHEREAS, the City Council of the City of Meridian has received the Committee's recommendation and finds that implementation of the Downtown Meridian Parking Striping Plan incorporating the Committee's suggestions will best serve the health, safety, and welfare of the public; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That the recommendation of the Downtown Meridian Parking Committee to adopt the Downtown Meridian Parking Striping Plan as modified per the Committee's suggestions is hereby accepted; Section 2. That the Meridian Development Corporation is hereby authorized and directed to request that the Ada County Highway District carry out the parking space striping in downtown Meridian pursuant to the Downtown Meridian Parking Striping Plan proposed by the Meridian Development Corporation, reviewed by the Downtown Meridian Parking Committee, and adopted by the City Council of the City of Meridian; ORDINANCE ADOPTING DOWNTOWN MERIDIAN PARKING STRIPING PLAN PAGE 1 OF 3 • Section 3. That this Ordinance shall be in full force and effect on 2008. PASSED by the City Council of the City of Meridian, Idaho, this day of 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2008. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk ORDINANCE ADOPTING DOWNTOWN MERIDIAN PARKING STRIPING PLAN PAGE 2 OF 3 • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 08- ADOPTING A DOWNTOWN PARKING PLAN WITH MODIFIED STANDARDS FOR DESIGNATED PARKING SPACES FOR DISABLED PERSONS PURSUANT TO IDAHO CODE § 49-213(1)(d); An Ordinance of the City of Meridian adopting a Downtown Parking Plan pursuant to Idaho Code § 49-213(1)(d). A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective upon passage and publication. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading. STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A(3). DATED this day of August, 2008. William. L.M. Nary City Attorney ORDINANCE ADOPTING DOWNTOWN MERIDIAN PARKING STRIPING PLAN PAGE 3 of 3 • August 22, 2008 • MERIDIAN CITY COUNCIL MEETING August 26, 2008 APPLICANT ITEM NO. 2~ REQUEST Ordinance -- Amendment to Fire Hydrant Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ `~~Y'(~ CITY WATER DEPT: CITY SEWER DEPT: ~~ `~ CITY PARKS DEP i O~ T: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of The City of Meridian. • • CITY OF MERIDIAN ORDINANCE NO. (~ BY THE CITY COUNCIL: BIRD, ROUNTREE, BORTON, ZAREMBA AN ORDINANCE AMENDING TITLE 9, CHAPTER 1, OF THE MERIDIAN CITY CODE, REGARDING DAMAGE TO FIRE HYDRANTS; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On February 25, 2008, by Resolution no. 08-1344, the City Council of the City of Meridian adopted the 2006 edition of the International Fire Code, which includes IFC § 508.5.5, providing that a three (3) foot cleaz space be maintained around the circumference of fire hydrants; WHEREAS, IFC § 508.5.5 has been found to conflict with Meridian City Code § 9-1-32, which provides that a five (5) foot cleaz space be maintained around the circumference of fire hydrants; and WHEREAS, the City Council finds that it is in the best interest of the heath, safety, and welfaze of the public to clarify this discrepancy and also ensure that fire hydrants aze kept cleaz to maximize visibility and access thereto; NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 9, Chapter 1, Section 32 of the Meridian City Code is hereby amended as follows: 9-1-32: FIRE HYDRANTS; A. Authority To Operate,-Ahst~~~; It shall be unlawful for an erso ex duly authorized b the ci too Y P ~ cept one Y tY, pen, close, operate, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any fire hydrant or auxiliary valve belonging to the city. , ' , , B. Damaging Hydrants: It shall be unlawful for an y person to ~~eF sa~elessly injure any fire hydrant by anv means includinn, but not limited to wilfully or carelessly run>iln_n~, any vehicle agawst a fire hydrant, or drawing or attempti~ to draw water therefrom. C. Penalty: A violation of this section shall be deen3e+~€ a misdemeanor, and shall, upon conviction thereof,. be punished by a fine and/or imprisonment seats, as well any other available civil administrative and/or criminal remedies and enalties includin restitution aed-be4ieble for all damages done to said hydrant. FIRE HYDRANT ORDINANCE PAGE 1 OF 2 • • Section 2. That, pursuant to the affirmative vote of one-half (1/2 1 )pus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly. This ordinance shall be in full force and effect after its passage, approval and publication. PASSED by t e City Council of the City of Meridian, Idaho, this ~~9~day of 2008. AP ROVED b the Mayor of the City of Meridian, Idaho, this ~ d y of 2008. APPROVED: ~~~ Tammy de W e Mayor ATTEST: layce~/L. Holman City Clerk L~ ... . ...... . . : ::.... ~ v ~ i °~9'~ SE/~L ~~ ~~~ „~~ FIItE HYDRANT ORDINANCE PAGE 2 OF 2